IX. ACCOUNTABILITY
176. The City and CDP will ensure that all allegations of officer misconduct, whether
internally discovered or alleged by a civilian, are fully, fairly, and efficiently
investigated; that all investigative find ings are supported by a preponderance of the
evidence and documented in writing; and that all officers who commit misconduct are
held accountable pursuant to a disciplinary system that is fair, consistent, and provides
due process. To achieve these outcomes, CDP and the City will implement the
requirements set out below.
A. Internally Discovered Misconduct
177. Internal Affairs will conduct objective, comprehensive, and timely investigations of all
internal al legations of officer misconduct. All findings will be based on the
preponderance of the evidence standard. This standard will be clearly delineated in
policies, training, and procedures and accompanied by detailed examples to ensure
proper application by investigators.
178. Internal Affairs will be headed by a qualified civilian who is not a current or former
employee of CDP, and who is not a cunent or retired law enforcement officer. The
civilian head of Internal Affairs will report directly to the Chief of Police.
179. CDP wi ll ensure that misconduct investigators and commanders possess excellent
investigative skills, a reputation for integrity, the ability to write clear reports, and the
ability to be fair and objective in determ ining whether an officer committed
misconduct. Officers with a sustained history of civilian complaints of, or who have
been disciplined for, excessive use of force, discrimination, or dishonesty will be
presumptively ineligible for assignment to Internal Affairs.
180. Within 365 days of the Effective Date, CDP will provide all new personnel assigned to
Internal Affairs with ini tial training and verify that all existing personnel received
training within 365 days prior to the Effective Date that is adequate in quality, quantity,
scope, and type on conducting misconduct investigations. This training will include
instruction in:
a. investigative skills, including proper interrogation and interview techniques;
gathering and objectively analyzing evidence; and data and case management;
b. the par1icular challenges of administrative police misconduct investigations,
including identify ing alleged misconduct that is not clearly stated in the
complaint or that becomes apparent during the investigation;
c. properly weighing the credibility of civilian witnesses against officers;
d. using objective evidence to resolve inconsistent statements;
e. the proper application of the preponderance of the evidence standard; and
f. CDP rules and policies, including the requirements of this Agreement, and
protocols related to administrative investigations of alleged officer
misconduct.
181. Internal Affairs investigators also will receive annual training related to conducting
misconduct investigations that is adequate in quality, quantity, type and scope.
182. ln each investigation, Internal Affairs will collect and consider all relevant
circumstantial, direct, and physical evidence, including officer-recorded video as it
becomes available through CD P's implementation of body worn cameras or other
recording devices. There will be no automatic preference for an officer's statement
over a non-officer's statement. lnternal Affairs investigators will not disregard a
witness's statement solely because the witness has some connection to either the
complainant or the offi cer or because the witness or complainant has a criminal history.
In conducting the investigation, Internal Affairs investigators may take into account the
record of any witness, complainant, or officer who has been detem1ined to have been
deceptive or untruthful in any legal proceeding, misconduct investigation, or other
investigation. Internal Affairs investigators will make all reasonable efforts to resolve
material inconsistencies between witness statements.
183. Internal Affairs will evaluate all relevant police activity and any evidence of potential
misconduct uncovered during the course of the investigation, including each use of
force, and any investigatory stops, searches, or seizures that occurred during the
incident.
184. If the person involved in the encounter with the police pleads guilty or is found guilty
of an offense, Internal Affairs will not consider that information alone to be
determinative of whether a CDP officer engaged in misconduct, nor will it justify
discontinuing the investigation.
185. Internal Affairs will complete its administrative investigations within 30 days from the
date it learns of the alleged misconduct. Any request for an extension of time must be
approved in writing by the Chief or the Chiefs designee.
186. At the conclusion of each investigation, lnternal Affairs will prepare an investigation
report. The report will include:
a. a narrative description of the incident, including a precise description of the
evidence that either justifies or fails to justify the officer's conduct based on
Internal Affairs' independent review of the facts and circumstances of the
incident;
b. documentation of all evidence that was gathered, including names, phone
numbers, and addresses of witnesses to the incident. In situations in which
there are no known witnesses, the report will specificall y state this fact. In
situations in which witnesses were present but circumstances prevented the
author of the report from determining the identification, phone number, or
address of those witnesses, the report will state the reasons why. The report
also will include all available identifying information for anyone who refuses
to provide a statement;
c. documentation of whether officers were interviewed, and a transcript or
recording of those interviews;
d. the names of all other CDP employees who witnessed the incident;
e. Internal Affairs' evaluation of the incident, based on its review of the
evidence gathered, including a determination of whether the officer's actions
appear to be within CDP policy, procedure, regulations, orders, or other
standards of conduct required of City employees; and an assessment of the
incident for policy, training, tactical, or equipment concerns;
f. if a weapon was used, documentation that the officer's certification and
training for the weapon were current; and
g. documentation of recommendations for initiation of the disciplinary process.
187. In addition to determining whether an officer committed alleged misconduct,
investigations will include an assessment of whether:
a. the police action was in compliance w1th training and legal standards;
b. the use of different tactics should or could have been employed;
c. the incident indicates a need for additional training, counseling, or other nondisciplinary
corrective actions; and
d. the incident suggests that CDP should revise its policies, strategics, tactics, or
training.
188. CDP will ensure that all relevant information from the completed investigation is
provided electronically to the officers' supervisors, the Training Review Committee,
the Force Review Board, the Officer Intervention Program, and the Data Collection and
Analysis Coordinator while ensuring that sensitive information is adequately protected.
B. Reporting Misconduct and Preventing Retaliation
189. CDP will require any CDP employee who observes or becomes aware of any act of
misconduct by another employee to report the incident to a supervisor or di rectly to
Jnternal Affairs. Where an act of misconduct is reported to a supervisor, the supervisor
will immediately document and report the information to Internal Affairs. Failure to
report an act of misconduct is an egregious offense and will subject the officer to the
disciplinary process and, if sustained, will subject the officer to discipline, up to and
including termination.
190. CDP will develop a system that allows officers to confidential ly and anonymously
report potential misconduct by other officers.
191. CDP will expressly prohibit all forms of retaliation, discouragement, intimidation,
coercion, or adverse action, against any person, civilian or officer, who reports
misconduct, makes a misconduct complaint, or cooperates with an investigation of
misconduct.
192. Officers who retaliate against any person who reports or investigates alleged
misconduct will be subject to the disciplinary process and possible discipline, up to and
including termination.
C. Investigation of Civilian Complaints
1. The Office of Professional Standards
193. The Office of Professional Standards (''OPS") will investigate all civi lian complaints it
receives, other than those that allege criminal conduct. All complaints of apparent
criminal conduct will be retained to Internal Affairs. Complaints of excessive fo rce
will be retained by OPS for investigation except in exceptional circumstances, or if
Internal Affairs already bas initiated an investigation. Once Internal Affairs completes
a referred criminal investigation, if a dctc1mination is made that no criminal conduct
occurred, the complaint will be referred back to OPS and the Police Review Board
(''PRB") for disposition.
194. The City will ensure that OP is led by an administrator with the skills, expertise, and
experience to effectively manage the intake, tracking, timely, and objective
investigation of complaints; identify and implement appropriate training for
investigators and PRB members from sources outside of CDP; assess OPS's equipment
and staffing needs, including administrative staff, investigators, and supervisor(s); and
ensure that OPS operates in a manner that is transparent and accountable to the
community it serves. The administrator also will have the skills, expertise, and
experience to develop and implement performance standards for OPS. For future
appointments, the City will seek the Commission's input in developing the minimum
qualifications and experience for an administrator.
195. OPS investigators will receive initial training that is adequate in quality, quantity,
scope. and type and will include:
a. investigative skills, including proper interrogation and interview techniques;
gathering and objectively analyzing evidence; and data and case management;
b. the particular challenges of administrative investigations ofpol ice conduct.
including identi fying conduct warranting investigation that is not clearly
stated in the complaint or that becomes apparent during the investigation;
c. properly weighing the credibility of civilian witnesses against officers;
d. using objective evidence to resolve inconsistent statements;
e. the proper application of the preponderance of the evidence standard; and
f. CDP rules and policies, including the requirements of this Agreement, and
protocols related to administrative investi gations of officer conduct alleged to
be improper.
196. The training will be provided by sources both inside and outside of CDP, in order to
ensure the highest quality training on investigative techniques and CDP policies,
procedures, and disciplinary rules. Within 365 days of the Effective Date, OPS
investigators will receive training that is adequate in quality, quantity, type, and scope,
both initially and annually, in how to conduct administrative investigations.
197. OPS Investigators will not be current members of the CDP, and no CDP personnel will
have any active role in OPS's operations.
198. The City will ensure that the lawyer representing OPS does not have any actual or
apparent conflicts of interest.
199. OPS will have its own budget, separate from the administrative budget for the
Department of Public Safety. The OPS Administrator will oversee the budget. The
Monitor will analyze OPS's budget and advise the Parties and the Court as to whether it
affords suffic ient independence and resources, including sufficient staff and training to
meet the terms of this Agreement.
200. Within 180 days of the Effective Date, OPS will develop a revised operations manual
that will be made available to the public. The manual will, at a minimum, include the
following:
a. a mission statement that defines OPS and PRB's core values, mission, and
authority;
b. definitions of all relevant terms;
c. investigative procedures, including procedures for objective fact-gathering
and evaluation and the factors that will be considered when evaluating
credibility; procedures on report writing; and procedures for collecting and
processing evidence;
d. procedures outlining when complaints may be administratively dismissed and
the process with which OPS must comply to ensure that complaints are not
prematurely or unnecessarily dismissed;
e. outlines the duties and practices of PRB, including how PRB will review OPS
findings, how cases will be presented to PRB by OPS, the standard of review
PRB will apply to reviewing complaints, how disciplinary recommendations
will be determined, and a description of the types of information PRB will
make available to the public; and
f. an explanation of possible dispositions and outcomes of complaints.
2. Filing and Tracking of Civilian Complaints
201. Within 365 days of the Effective Date, the City and CDP, in consultation with the
Commission and OPS, will develop and implement a program to promote awareness
throughout the Cleveland community about the process for tiling complaints with OPS.
202. CDP and the City wi ll work with the police unions, as necessary, to allow civilian
complaints to be submitted to OPS verbally or in writing; in person, by phone, or on
line; by a complainant, someone acting on his or her behalf, or anonymously; and with
or without a signature from the complainant. All complaints will be documented in
writing.
203. CDP will post and maintain by the intake window at CDP headquarters and all District
headquarters a pennanent placard describing the civilian complaint process that
includes relevant OPS contact information. including telephone numbers, email
addresses, and Internet sites.
204. Within 365 days of the Effective Date, CDP wil I provide training that is adequate in
quality, quantity, scope, and type to all police personnel, including dispatchers, to
properly handle complaint intake, including how to provide complaint materials and
information; the consequences for fail ing to take complaints; and strategies for turning
the complaint process into a positive poli ce-civilian interaction.
205. CDP will require all offi cers to carry complaint forms in their CDP vehicles. Officers
will provide complaint forms to individuals upon request. Offi cers will provide their
name and badge number upon request. If an individual indicates to an officer that he or
she would like to make a complaint about that officer, the officer will immediately
inform his or her supervisor who will respond to the scene to assist the individual in
filing a complaint. The supervisor will provide the individual a copy of the completed
complaint form or a blank form to be completed later by the individual.
206. The City and OPS will make complaint forms and other materials outlining the
complaint process and OPS's contact information widely available at locations
including: the websites of CDP, OPS and the City of Cleveland; the lobby of OPS's
building; CDP headquarters and Districts; and City Hall. OPS will ask locations such
as public library branches and the offices and gathering places of community groups to
make these materials available.
207. OPS's complaint form will not contain any language that could reasonably be construed
as discouraging the filing of a complaint, including warnings about the potential
criminal consequences for filing false complaints.
208. Within 180 days of the Effective Date, complaint forms and related informational
materials wi ll be made available, at a minimum, in English and Spanish. OPS will
make every effort to ensure that complainants who speak other languages (including
sign language) and have limited English pro ficiency can fi le complaints in their
prefen ed language. The fact that a complainant does not speak, read, or write English,
or is deaf or hard of hearing will not be grounds to decline to accept or investigate a
complaint.
209. The City will ensure that civilian complaints submitted through other existing systems,
including the Mayor's Action Center and the Department Action Center, are
immediately forwarded to OPS for investigation.
210. Within 150 days of the Effective Date, OPS will establish a centralized electronic
numbering and tracking system for all complaints. Upon receipt of a complaint, OPS
will promptly assign a unique identifier to the complaint, which will be provided to the
complainant at the time the complaint is made. OPS's centralized numbering and
tracking system will maintain accurate and reliable data regarding the number, nature,
and status of all complaints, from initial intake to final disposition, including
investigation timeliness and notification to the complainant of the interim status and
final disposition of the complaint. The system will be used to determine the status of
complaints, as well as for periodic assessment of compliance with relevant OPS
policies and procedures and this Agreement, including requirements of timeliness of
investigations. The system also will be used to monitor and maintain appropriate
caseloads for OPS investigators.
211. OPS will track, as a separate category of complaints, allegations of biased policing,
incl uding allegations that an officer conducted an investigatory stop or arrest based on
an individual"s demographic category or used a slur based on an individual's
demographic category. OPS will require that complaints of biased policing are
captured and tracked appropriately, even if the complainant does not so label the
allegation.
212. OPS will track, as a separate category of complaints, allegations of unlawful
investigatory stops, searches, or arrests.
213. OPS will track, as a separate category of complaints, all allegations of excessive use of
force received through OPS's intake process.
214. OP will conduct regular assessments of the types of complaints being received to
identify and assess potential problematic patterns and trends.
215. OPS will produce, at least annually, a public report summarizing complaint trends,
including the number and types of complaints received, the disposition of complaints
by complaint type, the number and types of complaints administratively dismissed, and
the average length of complaint investigations.
3. Classification of Civilian Complaints
216. Within 90 days of the Effective Date, OPS will determine criteria for assigning
complaints to one of two tracks: standard and complex. Investigation of complaints
assigned to the standard track wi ll be completed within 45 days. Investigation of
complaints assigned to the complex track will be completed within 90 days during the
first 6 months following the Effective Date and within 75 days thereafter. OPS wi ll
undertake a staffing analysis to determine how many investigators are req uired to meet
these targets and, if necessary, the City will use best efforts to expand OPS staff in
accordance with the results of the analysis. The staffing analysis will be provided to
the Monitor, which will review it for adequacy. The Monitor will advise the Patties as
to whether OPS and PRB's budget affords sufficient independence and resources to
meet the terms of this Agreement, and whether the City is using best efforts to expand
its staff, if indicated by the analysis. The Monitor will include this assessment in its
reports.
217. OPS will not terminate an investigation simply because the complainant seeks to
withdraw the complaint or is unavailable, unwilling, or unable to cooperate with an
investigation. OPS will continue the investigation and reach a finding, where possible,
based on the evidence and investigatory procedures and techn iques available. In its
annual report, OPS will include the number and types of complaints administratively
dismissed and the reasons for closure. Only the following types of complaints may be
assigned the disposition of administratively dismissed:
a. complaints disputing traffic citations, except that allegations of improper
conduct contained in such complaints (e.g., racial profiling, illegal search,
excessive force) will be classified and investigated according to their merits;
b. complaints alleging a delay in police services where the preliminary
investigation demonstrates that the delay was due to workload, or otherwise
unavoidable;
c. complaints regarding off duty offi cer conduct of a civil nature, unless the
alleged conduct, or its effects, constitute misconduct or have a substantial
nexus to the officer's City employment; and
d. complaints in which the preliminary investigation demonstrates that the
officer does not work for CDP, or where the identity of the officer cannot be
determined despite the best efforts of OPS.
4. Investigation of Civilian Complaints
218. OPS will ensure that investigations of complaints are as thorough as necessary to reach
reliable and complete fi ndings that are supported by the preponderance of the evidence.
219. CDP will ensure that OPS has timely access to all reports related to the incident,
including incident reports, supervisory investigations, completed Internal Affairs'
investigations, and Force Review Board reports. If an investigation already is being or
has been conducted by CDP and the OPS Administrator determines that it was thorough
and complete, no additional investigation will be required. However, OPS has the
authority to conduct additional investigation of any civilian complaint.
220. OPS investigators will attempt to interview each complainant in person, and where
appropriate, this interview will be recorded in its entirety, absent a specific,
documented objection by the complainant.
221. The Chief will order officers who witnessed or participated in an incident that is the
subject of an OPS complaint to cooperate with the OPS investigation, including by
responding to written questions submitted by OPS or in-person interviews, as request
by OPS.
222. OPS investigators will have access to any relevant disciplinary information in the
record of an officer who is the subject of a current investigation.
223. In each investigation, OPS will consider all relevant evidence, including circumstantial,
direct, and physical evidence. There will be no automatic preference for an officer's
statement over a non-officer's statement. OPS will not disregard a witness's statement
solely because the witness has some connection to either the complainant or the offi cer
or because the witness or complainant has a criminal history. OPS will make all
reasonable efforts to resolve material inconsistencies between witness statements.
224. At the conclusion of its investigation, OPS will explain its findings using one of the
following categories:
a. Sustained: the preponderance of the evidence establishes that the violation of
policy occurred. A complaint may be "sustained in part'' if the investigation
revealed sufficient evidence to support a finding of a policy violation on one
or more, but not all of the complainant's allegations. A complaint may also be
"sustained for a violation not based on original complainf' if the investigation
reveals evidence of misconduct that was not included in the complainant's
original allegation.
b. Exonerated: the preponderance of the evidence fai ls to establish a find ing of a
policy violation and does not warrant any further investigation or action.
c. Unfounded: the preponderance of the evidence fa ils to establish whether a
policy violation occurred or did not occur.
d. Not Sustained: the preponderance of the evidence establishes that the alleged
conduct did occur, but did not violate CDP policies, procedures, or training.
e. Administratively dismissed.
225. OPS will document in writing the investigation of each complaint, including all
investigatory steps taken, and OPS's findings and conclusions. The recommended
findings will be supported by a preponderance of the evidence.
226. In addition to determining whether an officer committed the conduct alleged in the
complaint and whether it violated policy, OPS may consider whether: (a) the police
action was in compliance with training and legal standards; (b) the incident indicates a
need for additional training, counseling, or other co1Tective measures; and (c) the
incident suggests that CDP should revise its policies, strategies, tactics, or training.
OPS may include recommendations on these topics in its investigation.
227. OPS will forward all investigations and its written conclusions to PRB in sufficient
time for PRB to consider them no later than the second regularly scheduled PRB
meeting following completion or the investigation.
5. Communication with the Complainant
228. OPS will send periodic written updates to the complainant including:
a. within seven days of receipt of a complaint, OPS will send non-anonymous
complainants a written notice of receipt, including the tracking number
assigned to the complaint. The notice will inform the complainant how s/he
may contact OPS to inquire about the status of a complaint.
b. when OPS concludes its investigation, OPS will notify the complainant that
the investigation has been concluded and forwarded to PRB, and inform the
complainant when PRB will hear the complaint.
c. when PRB reaches a determination, OPS will notify the complainant of PRB's
determination and inform the complainant that the case will be fo rwarded to
the Chief of Police or Director of Public Safety for review and/or disciplinary
action; and
d. when the Chief or Director of Public Safety reports the final outcome of
his/her disciplinary process, OPS will notify the complainant of the result, and
inform him/her that the matter is now concluded.
229. Notwithstanding the above notices, a complainant may contact OPS at any time to
determine the status of his/her complaint.
D. Police Review Board
230. Within 120 days of the Effective Date, in consultation with the Commission, the Mayor
will work with the City Council to develop an ordinance to place a Charter Amendment
on the ballot that would ensure that the members of PRB are appointed in a transparent
manner, are representative of the diverse communities within Cleveland, and allow the
chair and a vice chair of PRB, to each serve for a term of one year, to be selected from
among the members by majori ty vote of PRB's membership.
231. PRB members will not be cuncnt or former members of the CDP.
232. PRB will have its own budget, separate from the administrative budget for the
Department of Public Safety. The OPS Administrator will oversee the budget. The
Monitor will analyze PRB's budget and advise the Parties and the Court as to whether it
affords sufficient independence and resources, including sufficient staff and training to
meet the terms of this Agreement.
233. PRB members will receive initial training that is adequate in quality, quanti ty, scope,
and type and will include:
a. constitutional and other relevant law on police-citizen encounters, including
law on the use of force and stops, searches, and arrests;
b. police tactics;
c. investigations of police conduct;
d. bias-free policing;
e. policing individuals in crisis;
f. CDP policies, procedures and disciplinary rules; and
g. community outreach.
234. The training will be provided by sources both inside and outside of CDP, in order to
ensure the highest quality training on investigative techniques, and CDP policies,
procedures, and disciplinary rules.
235. PRB's meetings will be open to the public. The schedule and location of meetings will
be designed to ensure easy public access and will be posted on OPS's website, as will
agendas for upcoming PRB meetings. PRB members may vote to go into executive
session for their deliberations, but case presentations and PRB votes will take place in
open session.
236. OPS investigators will attend PRB meetings at which their investigations are being
considered and present their investigation, findings, and conclusions to PRB, whose
members can direct questions about cases to them. If PRB determines that it needs
additional informat ion before considering a matter, it may ask the investigator to
conduct further investigation.
237. PRB's recommended dispositions will be based on a preponderance of the evidence.
For each case, PRB shall set fo1th its conclusion and an explanation of its reasons and
suppo1ting evidence in writing including, when applicable, the justification for
departing from OPS's recommended disposition.
238. In cases where PRB is recommending a sustained disposition, in whole or in part, PRB
will include a recommendation as to disciplinary or non-disciplinary corrective action.
239. PRB will forward all of its recommendations regarding dispositions and discipline to
the Chief of Police or Director of Public Safety for their review. PRB may include an
assessment of whether: (a) the police action was incompliance with training and legal
standards; (b) the incident indicates a need for additional training, counseling, or other
conective measures; and (c) the incident suggests that CDP should revise its policies,
strategics, tactics, or training.
E. Disciplinary Hearings
240. The Chief of CDP will issue a General Police Order that requires officers to:
(a) cooperate with the Internal Affairs and OPS investigators; and (b) submit all
relevant evidence to the investigators such that it is available for consideration by
Internal Affairs or PRB.
241 . Where PRB or Internal Affairs recommends the initiation of the disciplinary process,
the Chief of CDP, or his/her designee. or the Director of Public Safety will conduct a
disciplinary hearing and will provide the officer with an opportunity to testify. If an
officer provides new or additional evidence at the hearing, the hearing will be
suspended and the matter will be returned to internal Affairs or PRB for consideration,
as appropriate.
242. If PRB recommends the initiation of the disciplinary process and recommends a
disciplinary level, and the Chief or the Director of Public Safety does not uphold the
charges in whole or in part after the hearing. or docs not impose the recommended
discipline or non-disciplinary corrective action, the Chief or the Director will set forth
in writing his or her justification for doing so.
243. CDP will track the number of instances in which the Chief or the Director of Public
Safety rejects, in whole or in part, PRB's recommended disposition.
244. At least annually, the Monitor will review this data and assess whether PRB is
achieving its mission.
F. Discipline
245. CDP will ensure that discipline for sustained allegations of misconduct comports with
due process, and is consistently applied, fair, and based on the nature of the allegation,
and that mitigating and aggravating factors are identified and consistently applied and
documented.
246. In order to ensure consistency in the imposition of discipline, CDP will review its
current disciplinary matrix and will seek to amend it as necessary to ensure that it:
a. establishes a presumptive range of discipline for each type of rule violation;
b. increases the presumptive discipline based on an officer's prior violations of
the same or other rules;
c. sets out defined mitigating and aggravating factors;
d. prohibits consideration of the officer's race, gender, national origin, age,
ethnicity, familial relationships, or sexual orientation;
e. prohibits consideration of the high (or low) profile nature of the incident;
f. provides that CDP will not take only non-disciplinary corrective action in
cases in which the disciplinary matrix calls for the imposition of discipline;
and
g. provides that CDP will consider whether non-d isciplinary corrective action
also is appropriate in a case where discipline has been imposed.
247. All disciplinary decisions will be documented in writing.
248. If amended, CDP will provide its disciplinary matrix to the Commission, the Police
Inspector General, and the police unions for comment.
249. CDP wi ll work with the unions to allow for sustai ned disciplinary find ings to stay in an
officer's record for ten years.
DOJ Reaches Agreement to Reform Cleveland Police Brutality
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
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X. Transparency and Oversight
A. Police Inspector General
250. The City will hire an individual or individuals with significant experience in law
enforcement practices and civil rights law to serve as a Police Inspector General. The
City will seek the Commission's input in developing the minimum qual ifications and
experience for an Inspector General. The Police Inspector General will be appointed by
the Mayor into the classified service of the City.
251. The Police Inspector General will work in the Office of the Mayor of the City of
Cleveland, but will report to the Chief of CDP.
252. The Police Inspector General will not be a current or former employee of CDP.
253. The duties of the Police Inspector General will include authority to do the following:
a. review CDP policies and practices to determine compliance with state and
federal law, effectiveness, consistency with principles of bias-free and
community policing and procedural justice; whether they promote public and
officer safety, and whether they are achieving the goals of this Agreement;
b. audit compliance with policies and procedures;
c. conduct investigations;
d. analyze trends;
e. develop specific recommendat ions for reform concerning policies, procedures,
practices, training, and equipment to improve police services and
accountability;
f. analyze investigations conducted by OPS to determine whether they are
timely, complete, thorough, and whether recommended dispositions are
supported by the preponderance of the evidence;
g. collect and analyze all sustained findings and the discipline imposed,
includ ing the use of mitigating and aggravating factors, to assess disciplinary
trends and to determine whether discipline is consistently applied, fair, and
based on the nature of the allegation; and
h. make reports and recommendations for reform publicly available.
254. The Police Inspector General also will have authority to conduct investigations, analyze
trends, and make reports and recommendations, as appropriate, at the request of the
Chief of CDP or the Mayor. The Commission may recommend to the Chief of CDP, the
Director of Public Safety, or the Mayor additional areas of inquiry for the Inspector
General.
255. The budget for the Inspector General will be visible as a separate line item in the
budget proposal that is submitted annually pursuant to the Charter to the Cleveland City
Council with the appropriation ordinance. The Monitor will analyze the Inspector
General's budget and advise the Parties whether it affords suffic ient independence and
resources to meet the terms of this Agreement. The Monitor will include this
assessment in its reports.
256. The Police Inspector General will have access to all documents and data necessary to
perfotm the above functions, including any raw data collected by the Data Collection
and Analysis coordinator.
B. Data Collection and Analysis
257. CDP will collect and maintain all data and records necessary to accurately evaluate its
use of force practices and search and seizure practices and facilitate transparency and,
as permitted by law, broad public access to information related to CDP's decision
making and activities. To achieve this outcome, CDP will designate an individual or
individuals as the "Data Collection and Analysis Coordinator''. The Data Collection
and Analysis Coordinator will have the responsibilities below.
258. The Data Analysis and Collection Coordinator will ensure the collection and tracking
of all documents related to uses of fo rce and allegations of misconduct and related
materials, including:
a. officers' use of force reports;
b. supervisor's use of force investigations;
c. force investigations by the Force Investigation Team;
d. force investigations by the Office of Professional Standards;
e. force reviews conducted by the Force Review Board;
f. investigations conducted by Internal Affairs; and
g. all supporting documentation and materials, including relevant ECW
downloads, supporting audio-visual recordings, including witness and officer
interviews, and any relevant camera downloads, including from body worn
cameras.
259. The Data Analysis and Collection Coordinator will ensure the creation and maintenance
of a reliable and accurate electronic system to track all data derived from force-related
documents, including:
a. the type(s) of force used;
b. whether an officer unholstered a firearm;
c. the actual or perceived race, ethnicity, age, and gender of the subject;
d. the name, shift, and assignment of the officer(s) who used force;
e. the District where the use of force occurred;
f. whether the incident occurred during an officer-initiated contact or a call for
service;
g. the subject's perceived mental or medical condition, use of drugs or alcohol,
or the presence of a disability, if indicated at the time force was used;
h. the subject's actions that led to the use of force, including whether the subj ect
was in possession of a weapon;
i. whether the subject was handcuffed or otherwise restrained during the use of
force;
j. any injuries sustained by the officer or the subject or complaints of injury, and
whether the officer or subject received medical services;
k. whether the subject was charged with an offense, and, if so, which offense(s);
I. for deadly force incidents, the number of shots fired by each involved officer,
the accuracy of the shots, and whether the subject was armed or unarmed; and
m. the length of time between the use of force and the completion of each step of
the force investigation and review.
260. The Data Collection and Analysis Coordinator will ensure the creation and maintenance
of a reliable and accurate electronic system to track data on all vehicle stops,
investigatory stops, and searches, whether or not they result in an arrest or issuance of a
summons or citation. This system will allow the information to be searched and
summarized electronically. Data is not required to be collected for social contacts and
encounters that are voluntary and consensual. CDP's stop and search data collection
system will be subj ect to review and approval by the Monitor and DOJ, and will require
officers to document the following:
a. the officer's name and badge number;
b. date and time of the stop;
c. location of the stop;
d. duration of the stop;
e. subject(s)'s actual or perceived race, ethnicity, age, and gender;
f. if a vehicle stop, the presence and number of any passengers;
g. if a vehicle stop, whether the driver or any passenger was required to exit the
vehicle, and the reason for doing so;
h. reason for the stop, including a brief description of the facts creating
reasonable suspicion;
i. whether any individual was asked to consent to a search and whether such
consent was given;
j. whether a pat-down, frisk, or other non-consensual search was performed on
any individual or vehicle, including a brief description of the facts justifying
the action;
k. a full description of any contraband or evidence seized from any individual or
vehicle; and
I. disposition of the investigatory stop, including whether a citation or summons
was issued to, or an arrest made of any individual, including the chargr(s).
261. The Data Analysis and Collection Coordinator will be responsible for the routine
reporting of relevant data to the Chief of Police, FRB, Training Review Committee,
OPS, the Commission, and the Police lnspector General.
262. The Data Analysis and Collection Coordinator will be responsible for the annual
assessment of forms and data collection systems to improve the accuracy and reliability
of data collection. This assessment will be provided to the Monitor.
263. Within 365 days of the Effective Date, the Data Collection and Analysis Coordinator
will develop a protocol to accurately analyze the data collected and allow for the
assessments required below. This protocol will be subject to the review and approval
of the Monitor and DOJ.
264. Within 90 days of development of the protocol, and annually therealler, CDP will
conduct an assessment and issue a report summarizing its investigatory stop, search,
and arrest data. The report wi ll identify significant trends in compliance with the
Fourth Amendment of the Constitution, identify which practices arc most effective and
efficient in increasing public safety and community confidence in CDP, and the steps
taken to con-ect problems and build on successes. The report will be publicly available.
265. Within 150 days of development of the protocol, and annually thereafter, CDP will
conduct an assessment and issue a report of all activities, including use of force, arrests,
motor vehicle and investigatory stops, and misconduct complaints alleging
discrimination, to determine whether CDP's activities are applied or administered in a
way that di scriminates against individuals on the basis of race, ethnicity, gender,
disability, sexual orientation, or gender identity. This report will be based on data the
City is obligated to collect, and is not an independent data collection requirement.
CDP's report will identify which practices arc most effective and effic ient in increasing
public safety and community confidence in CDP, and identify steps taken to correct
problems and build on successes. CDP will make this report publicly available.
266. Within 150 days of the development of the protocol, and annually thereafter, CDP,
working with the FRB, will analyze the prior year's force data, includ ing the
force-related data listed above, to determine trends; identify and correct deficiencies
revealed by this analysis; and document its findings in a public report. The FRB's data
analysis responsibilities are outlined in paragraph 129.
267. To ensure transparency in the implementation of this Agreement, all CDP audits,
reports, and outcome analyses related to the implementation of this Agreement will be
made publicly available, including at the City and CDP websites, to the extent
permitted by law. The Commission wi ll work to make paper copies of these documents
avai lable to the community. The Commission also may recommend that CDP make
additional documents, data, and reports publicly available.
268. To ensure transparency in its ongoing work, to the extent permitted by law, CDP will
post its policies and procedures, training plans, community policing initiatives,
community meeting schedules, budgets, and internal audit reports on its website.
A. Police Inspector General
250. The City will hire an individual or individuals with significant experience in law
enforcement practices and civil rights law to serve as a Police Inspector General. The
City will seek the Commission's input in developing the minimum qual ifications and
experience for an Inspector General. The Police Inspector General will be appointed by
the Mayor into the classified service of the City.
251. The Police Inspector General will work in the Office of the Mayor of the City of
Cleveland, but will report to the Chief of CDP.
252. The Police Inspector General will not be a current or former employee of CDP.
253. The duties of the Police Inspector General will include authority to do the following:
a. review CDP policies and practices to determine compliance with state and
federal law, effectiveness, consistency with principles of bias-free and
community policing and procedural justice; whether they promote public and
officer safety, and whether they are achieving the goals of this Agreement;
b. audit compliance with policies and procedures;
c. conduct investigations;
d. analyze trends;
e. develop specific recommendat ions for reform concerning policies, procedures,
practices, training, and equipment to improve police services and
accountability;
f. analyze investigations conducted by OPS to determine whether they are
timely, complete, thorough, and whether recommended dispositions are
supported by the preponderance of the evidence;
g. collect and analyze all sustained findings and the discipline imposed,
includ ing the use of mitigating and aggravating factors, to assess disciplinary
trends and to determine whether discipline is consistently applied, fair, and
based on the nature of the allegation; and
h. make reports and recommendations for reform publicly available.
254. The Police Inspector General also will have authority to conduct investigations, analyze
trends, and make reports and recommendations, as appropriate, at the request of the
Chief of CDP or the Mayor. The Commission may recommend to the Chief of CDP, the
Director of Public Safety, or the Mayor additional areas of inquiry for the Inspector
General.
255. The budget for the Inspector General will be visible as a separate line item in the
budget proposal that is submitted annually pursuant to the Charter to the Cleveland City
Council with the appropriation ordinance. The Monitor will analyze the Inspector
General's budget and advise the Parties whether it affords suffic ient independence and
resources to meet the terms of this Agreement. The Monitor will include this
assessment in its reports.
256. The Police Inspector General will have access to all documents and data necessary to
perfotm the above functions, including any raw data collected by the Data Collection
and Analysis coordinator.
B. Data Collection and Analysis
257. CDP will collect and maintain all data and records necessary to accurately evaluate its
use of force practices and search and seizure practices and facilitate transparency and,
as permitted by law, broad public access to information related to CDP's decision
making and activities. To achieve this outcome, CDP will designate an individual or
individuals as the "Data Collection and Analysis Coordinator''. The Data Collection
and Analysis Coordinator will have the responsibilities below.
258. The Data Analysis and Collection Coordinator will ensure the collection and tracking
of all documents related to uses of fo rce and allegations of misconduct and related
materials, including:
a. officers' use of force reports;
b. supervisor's use of force investigations;
c. force investigations by the Force Investigation Team;
d. force investigations by the Office of Professional Standards;
e. force reviews conducted by the Force Review Board;
f. investigations conducted by Internal Affairs; and
g. all supporting documentation and materials, including relevant ECW
downloads, supporting audio-visual recordings, including witness and officer
interviews, and any relevant camera downloads, including from body worn
cameras.
259. The Data Analysis and Collection Coordinator will ensure the creation and maintenance
of a reliable and accurate electronic system to track all data derived from force-related
documents, including:
a. the type(s) of force used;
b. whether an officer unholstered a firearm;
c. the actual or perceived race, ethnicity, age, and gender of the subject;
d. the name, shift, and assignment of the officer(s) who used force;
e. the District where the use of force occurred;
f. whether the incident occurred during an officer-initiated contact or a call for
service;
g. the subject's perceived mental or medical condition, use of drugs or alcohol,
or the presence of a disability, if indicated at the time force was used;
h. the subject's actions that led to the use of force, including whether the subj ect
was in possession of a weapon;
i. whether the subject was handcuffed or otherwise restrained during the use of
force;
j. any injuries sustained by the officer or the subject or complaints of injury, and
whether the officer or subject received medical services;
k. whether the subject was charged with an offense, and, if so, which offense(s);
I. for deadly force incidents, the number of shots fired by each involved officer,
the accuracy of the shots, and whether the subject was armed or unarmed; and
m. the length of time between the use of force and the completion of each step of
the force investigation and review.
260. The Data Collection and Analysis Coordinator will ensure the creation and maintenance
of a reliable and accurate electronic system to track data on all vehicle stops,
investigatory stops, and searches, whether or not they result in an arrest or issuance of a
summons or citation. This system will allow the information to be searched and
summarized electronically. Data is not required to be collected for social contacts and
encounters that are voluntary and consensual. CDP's stop and search data collection
system will be subj ect to review and approval by the Monitor and DOJ, and will require
officers to document the following:
a. the officer's name and badge number;
b. date and time of the stop;
c. location of the stop;
d. duration of the stop;
e. subject(s)'s actual or perceived race, ethnicity, age, and gender;
f. if a vehicle stop, the presence and number of any passengers;
g. if a vehicle stop, whether the driver or any passenger was required to exit the
vehicle, and the reason for doing so;
h. reason for the stop, including a brief description of the facts creating
reasonable suspicion;
i. whether any individual was asked to consent to a search and whether such
consent was given;
j. whether a pat-down, frisk, or other non-consensual search was performed on
any individual or vehicle, including a brief description of the facts justifying
the action;
k. a full description of any contraband or evidence seized from any individual or
vehicle; and
I. disposition of the investigatory stop, including whether a citation or summons
was issued to, or an arrest made of any individual, including the chargr(s).
261. The Data Analysis and Collection Coordinator will be responsible for the routine
reporting of relevant data to the Chief of Police, FRB, Training Review Committee,
OPS, the Commission, and the Police lnspector General.
262. The Data Analysis and Collection Coordinator will be responsible for the annual
assessment of forms and data collection systems to improve the accuracy and reliability
of data collection. This assessment will be provided to the Monitor.
263. Within 365 days of the Effective Date, the Data Collection and Analysis Coordinator
will develop a protocol to accurately analyze the data collected and allow for the
assessments required below. This protocol will be subject to the review and approval
of the Monitor and DOJ.
264. Within 90 days of development of the protocol, and annually therealler, CDP will
conduct an assessment and issue a report summarizing its investigatory stop, search,
and arrest data. The report wi ll identify significant trends in compliance with the
Fourth Amendment of the Constitution, identify which practices arc most effective and
efficient in increasing public safety and community confidence in CDP, and the steps
taken to con-ect problems and build on successes. The report will be publicly available.
265. Within 150 days of development of the protocol, and annually thereafter, CDP will
conduct an assessment and issue a report of all activities, including use of force, arrests,
motor vehicle and investigatory stops, and misconduct complaints alleging
discrimination, to determine whether CDP's activities are applied or administered in a
way that di scriminates against individuals on the basis of race, ethnicity, gender,
disability, sexual orientation, or gender identity. This report will be based on data the
City is obligated to collect, and is not an independent data collection requirement.
CDP's report will identify which practices arc most effective and effic ient in increasing
public safety and community confidence in CDP, and identify steps taken to correct
problems and build on successes. CDP will make this report publicly available.
266. Within 150 days of the development of the protocol, and annually thereafter, CDP,
working with the FRB, will analyze the prior year's force data, includ ing the
force-related data listed above, to determine trends; identify and correct deficiencies
revealed by this analysis; and document its findings in a public report. The FRB's data
analysis responsibilities are outlined in paragraph 129.
267. To ensure transparency in the implementation of this Agreement, all CDP audits,
reports, and outcome analyses related to the implementation of this Agreement will be
made publicly available, including at the City and CDP websites, to the extent
permitted by law. The Commission wi ll work to make paper copies of these documents
avai lable to the community. The Commission also may recommend that CDP make
additional documents, data, and reports publicly available.
268. To ensure transparency in its ongoing work, to the extent permitted by law, CDP will
post its policies and procedures, training plans, community policing initiatives,
community meeting schedules, budgets, and internal audit reports on its website.
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
by admin » Wed Jun 24, 2015 9:18 am
XI. OFFICER ASSISTANCE AND SUPPORT
A. Training
269. CDP will ensure that all officers receive adequate training to understand: (a) how to
police effectively and safely in accordance with CDP policy; (b) the requirements of
this Agreement, Ohio law, and the Constitution and laws of the United States. CDP
training will reflect CDP's commitment to procedural justice, bias-free policing, and
community policing, and will instill agency expectations that officers police diligently,
and have an und e rstand~ng of and commitment to the constitutional rights of the
individuals they encounter.
1. Training Plan
270. CDP will expand the scope and membership of the Training Review Committee. The
Training Review Committee, headed by the Commander responsible for Training, will
include Training Section staff members, the District training coordinators, union
representatives, and members of the Commission.
271. Within 365 days of the Effective Date, the Training Review Committee wi ll develop a
written training plan for CDP's recruit academy, probationary field training, and inservice
training to ensure that recruits, and officers are trained to effectively and
lawful ly carry out their duties in accordance with CDP policy, the requirements and
goals of this Agreement, Ohio law, and the Constitution and laws of the United States.
The plan will:
a. identify training priorities and broad training goals;
b. require at least 960 hours of recruit training;
c. fulfill all of the in-service training required by this Agreement, which will
require at least 40 hours of in-service training annually;
d. develop instructional strategies that incorporate active learning methods such
as problem-solving and scenario-based activities, based on current theories of
learning; and
e. establish the frequency and subject areas f r recruit and in-service training.
272. The Training Plan need not apply to personnel in the Communication Control Section.
273. Upon the Chiefs approval of the training plan, CDP will submit the training plan and
schedule of all training required by this Agreement to the Monitor and DOJ. The
Monitor will review the training plan and provide the Parties with written comments
within 30 days of receipt thereof. DOJ will have 30 days from receipt of the Monitor's
comments on the training plan to determine whether the training plan is consistent with
the requirements of this Agreement and to provide comments. Both the Monitor and
DOJ will comment specifically on whether the proposed training is adequate in
quantity, scope and type. If the Monitor or DOJ objects to any aspect of the training
plan and schedule, they wi ll note their objections to all Parties in writing. CDP will
have 15 days to resolve any objections to its training plan and schedule. If after this 15
day period has run, the Monitor or DOJ maintains its objection, then the Monitor will
have an additional 15 days to resolve the objection. If either party disagrees with the
Monitor's resolution of the objection, either party may ask the Court to resolve the
matter. The training plan and schedule wi ll be implemented once any objections have
been resolved.
274. The Training Review Committee will annually review and update CDP's training plan.
To inform this update, the Training Review Committee will conduct a needs
assessment, taking into consideration: trends in misconduct complaints; problematic
uses of force; analysis of officer safety issues; input from members at all levels of CDP;
input from members of' the community, including community concerns; court decisions;
research reflecting the latest in law enforcement trends; individual District needs; and
any changes to Ohio or federal law, and to CDP policy. The Training Review
Committee's needs assessment also will identify trends and document officer reaction
lo and satisfaction with the training they received and officer learning as a result of
training, including the extent to which officers are applying the knowledge and skills
acquired in training to their jobs.
275. CDP's Commander responsible for training will continue to be responsible for
overseeing and coordinating all CDP training, including recruit academy; probationary
field training; in-service training, including firearms and other use of force training;
roll-call training; supervisory training; and all elective training.
276. CDP will designate a single training coordinator in each District. The Commander
responsible for training will establish and maintain communications with each District
training coordinator to ensure that all officers complete training as required and that
documentation of training is provided to the Commander responsible for training.
277. Within 180 days of the Effective Date, CDP will develop recruit academy and
in-service curricula that comport with CDP's training plan and that comprehensively
address the requirements of this Agreement.
278. Unless otherwise noted, the training required under this Agreement, including training
on all policies revised or developed pursuant to this Agreement, will be delivered
within two years of the Effective Date. Any training provided to CDP officers
beginning in January 2015 may be considered to fulfill training requirements under this
Agreement for individual officers, if appropriate.
279. For all other substantive updates or revisions to policy or procedure, CDP wi ll ensure
and document that all relevant CDP personnel have received and read the policy or
procedure. Notification of each revision or update wi II include the rationale for the
policy changes and the difference between the old and updated policy. Training
beyond roll-call may be necessary for many policy updates and revisions to ensure
officers understand and can perform their duties pursuant to the policy.
280. The Commander responsible for training will review all training curricula, lesson plans,
and procedures for consistency, quality, accuracy, currency, completeness, and
compliance with applicable law and CDP policy, and ensure that they effectively teach
CDP personnel to understand and fo llow CDP policies. The Commander responsible
for training will ensure that a variety of adult learning techniques, scenario-based
training, and problem-solving practices, in addition to traditional lecture formats, arc
incorporated into all training. The Commander responsible for training also will ensure
that all curricula, lesson plans, instructor's qualifications, and testing materials are
reviewed by the Training Review Committee and, where appropriate, persons external
to CDP with expertise in the relevant lesson areas.
281. CDP will ensure that instructors arc qualified and use only curricula and lesson plans
that have been approved by the Commander responsible for training. CDP will actively
seek out and retain qualified instructors from outside CDP to supplement the skills of
its in-house training staff and adjunct instructors. As appropriate, CDP will incorporate
experts and guest speakers, including judges, prosecutors, crime victims, and
community members, to participate in relevant courses.
2. Field Training Program
282. Within 270 days of the Effective Date, CDP will revise, as necessary, its field training
program for graduates of the police academy to comport with CDP's training plan and
this Agreement. The field training program will fo llow academy training and wi ll
continue to be at least 26 weeks.
283. The field training program will incorporate community and problem-oriented policing
principles, and problem-based learning methods.
284. Within 270 days of the Effective Date, CDP will review and revise as necessary its
field Training Officer ("FTO") participation policy to establish and implement a
program that effectively attracts the best FTO candidates. CDP's policies and
procedures on field training will delineate the criteria and methodology for selecting
FTOs and field training sergeants. The City will work with the unions to allow only
highly qualified officers to serve as FTOs and Field Training Sergeants. Taking into
account the collective bargaining agreements with the unions, CDP will revise its
eligi bi lity criteria to select FTOs and Field Training Sergeants based on their written
applications, performance evaluations, previous performance as police officers, and
complaint and disciplinary histories.
285. CDP will ensure that all new FTOs and Field Training Sergeants receive in itial and inservice
training that is adequate in quality, quantity, scope, and type, and that addresses
management and supervision; community-oriented policing; effective problem solving
techniques; and field communication. If current FTOs and Field Training Sergeants
have received initial training that is sufficient to fulfill the requirements of this
Agreement, they will not have to repeat the initial training. FTOs and Field Training
Sergeants will receive the required in-service training at least every three years. FTOs
and Field training Sergeants will be trained on any substantive changes to FTO policies
and practices during the interim period. FTOs and Field Training Sergeants will be
required to maintain, and demonstrate on a regular basis, their proficiency in managing
recruits and subordinates, practicing and teaching community and problem-oriented
policing, and solving problems effoctively. CDP will maintain current documentation
of FTOs' evaluations and training.
286. Within 270 days of the Effective Date, CDP will create a mechanism for recruits to
provide confidential feedback regarding the quality of their field training, including the
extent to which their field training was consistent with what they learned in the
academy, and suggestions for changes to academy trai ning based upon their experience
in the FTO program. CDP will document its response, including the rationale behind
any responsive action taken or decision to take no action.
287. CDP's Training Review Committee will, on an annual basis, analyze all aspects of
CDP's FTO program and consider emerging national policing practices in this area.
Based on this research and analysis, the Training Review Committee will recommend,
and CDP will institute, appropriate changes to policies, procedures, and training related
to its FTO program.
3. Documentation of Training
288. CDP will document all training provided to or received by CDP officers, whether
required or otherwise. Officers will sign an acknowledgement of attendance or
digitally acknowledge completion of each training course (whether provided th.rough
CDP or outside sources) as well as completion of annual training requirements and
training on any new or substantially revised policies. These acknowledgements will be
maintained in a format that allows for analysis by training type, training date, trajning
source, and by individual officer name.
289. Within 540 days of the Effective Date, CDP will develop and implement a system that
will allow the Training Section to electronically track, maintain, and produce complete
and accmate records of current curricula, lesson plans, training delivered, and other
training materials in a centralized electronic file system.
290. CDP will develop and implement accountability measures, including disciplinary and
non-disciplinary corrective action, to ensure that all offi cers successfully complete all
required training programs in a timely manner.
B. Equipment and Resources
291. With the goal of ensuring that CDP is provided with the resources, equipment, and
updated technology necessary to implement the terms of this Agreement and to allow
officers to perform their jobs safely, effectively, and efficiently, the City will
implement the paragraphs below.
292. Within 365 days of the Effective Date, CDP will complete a comprehensive equipment
and resource study to assess its current needs and priorities to perform the functions
necessary for CDP to fulfill its mission and satisfy the requirements of this Agreement.
Within six months of completion of this study, CDP wi ll develop an effective,
comprehensive Equipment and Resource Plan that is consistent with its mission and
that will allow it to satisfy the requirements of this Agreement.
293. Among other items, CDP's Equipment and Resource Plan will provide for necessary
equipment including, at least the following:
a. an adequate number of computers;
b. an adequate number of operable and safe zone cars;
c. zone cars with reliable, functioning computers that provide officers with upto-
date technology, including:
i. a mobile computer-aided dispatch system that allows officers and
supervisors to access real time information received from call-takers
and dispatchers;
ii. the ability to access CDP's records management system; and
iii. access to law enforcement databases that allow officers to learn basic
information about the civi lians with whom they interact and the call
history associated with the locations to which they are responding, as
well as warrant and driver's license checks, and information
concerning restraining orders; and
d. zone cars equipped with first-aid kits that would allow police officers to
perform life-saving measures, and equipment necessary to decontaminate
persons exposed to OC spray.
This plan also wi ll ensure that CDP:
e. properly mai ntains and seeks to continuously improve upon existing
equipment and technology; and
f. is appropriately identifying equipment needs and seeking to utilize, as
appropriate, emerging technologies.
294. CDP will actively seek input and feedback from the Commission, patrol officers, and
supervisors regarding resource allocation, equipment needs, and technological
improvements.
295. Upon the Chiers approval of the Equipment and Resource Plan, CDP wi ll submit it to
the Monitor and DOJ. The Monitor will assess the Equipment and Resource Plan and
report to the Parties whether it is appropriate, effective, and consistent with the
requ irements of this Agreement. DOJ may independently review and assess whether
the Equipment and Resource Plan is appropriate, effective, and consistent with the
requirements of this Agreement. The City and CDP will employ best efforts to
implement the Equipment and Resource Plan over the period of time set forth in the
approved plan. The Monitor will report to the Parties whether the City and CDP arc
using best efforts to implement the Equipment and Resource Plan as required.
296. Within 365 days of the Effective Date, CDP will develop or revise, as appropriate, and
implement an effective, centralized records management system that will enhance
crime analysis, improve responsiveness and transparency, allow for effective and
efficient data collection, promote infonnation sharing within CDP and throughout the
law enforcement community, aid in developing crime-fighting solutions, and assist
CDP in effectively deploying its personnel.
297. Within 180 days of the Effective Date, CDP will utilize a department-wide e-mail
system to improve communication and information sharing among all department
personnel, including command staff, supervisors, and patrol officers. Patrol officers
will not have access to information regarding al legations of misconduct.
298. CDP will employ information technology professionals who are trained to conduct
crime and intelligence analysis, who are capable of troubleshooting and maintaining
information technology systems and who can identify and suggest appropriate
technological advancements.
299. CDP will implement an effective employee assistance program that provides officers
ready access to the mental health and support resources necessary to facilitate effective
and constitutional policing.
C. Recruitment and Hiring
300. To maintain high-level, quality service, ensure officer safety and accountability, and
promote constitutional, effective policing, CDP will review and revise as necessary its
recruitment and hiring program to ensure that CDP successfully attracts and hires a
diverse group of qualified individuals.
301. The Mayor will work with the City Council to develop an ordinance to place a Charter
Amendment on the ballot that would give the appointing authority greater flexibility in
the selection of candidates from the certified eligibility list for the CDP.
302. Within 180 days of the Effective Date, CDP will develop a recruitment pol icy and a
strategic recruitment plan that includes clear goals, objectives, and action steps for
attracting qualified applicants from a broad cross-section of the community. The
recruitment plan will establish and clearly identify the goals of CD P's recruitment
efforts and the duties of officers and staff implementing the plan. CDP will regul arly
review its recruitment and hiring procedures and the effects of those procedures to
ensure that those, and other requirements, reflect the needs of the job and do not create
artificial or unnecessary barr.iers to selection. The recruitment plan will be provided to
the Monitor and DOJ.
303. The City will implement the recruitment plan within 60 days of it being approved by
the Monitor.
304. CDP's recruitment plan will include specific strategies for attracting a diverse group of
applicants, including officers who are familiar with the different neighborhoods of
Cleveland, who possess strategic thinking and problem-solving skills, emotional
maturity, interpersonal skills, and the ability to collaborate with a diverse cross-section
of the community.
305. In developing and implementing its recruitment plan, CDP will consult with the
Commission and other community stakeholders on strategies to attract a diverse pool of
applicants. CDP will create and maintain sustained relationships with community
stakeholders to enhance recruitment efforts.
306. CDP will continue to utilize an objective system for hiring and selecting recruits. The
system wi ll continue to employ minimum qualification for candidates and an objective
process for selecting recruits that employs reliable and valid selection criteria that
comport with the Charter and anti-discrimination laws.
307. CDP wi ll report mmually to the public its recruiting activities and outcomes, including
the number of applicants, interviewees, and selectees, broken down by gender, race,
ethnicity, and national origin. the extent to which CDP has been able to recruit qualified
applicants, and a discussion of any challenges to recruiting high-quality applicants.
308. CDP will continue to require all candidates for sworn personnel positions, including
new recruits and lateral hires, to undergo a psychological and medical examination to
determine their fitness for employment. CDP will continue to maintain a drug testing
program that provides for reliable and valid pre-service testing for new officers and
random testing for existing officers. The program will continue to be designed to detect
the use of illegal substances, including steroids.
309. CDP will conduct thorough, objecti ve, and timely background investigations of
candidates for sworn positions in accordance with federal anti-discrimination laws.
CDP's suitability determination will include assessing a candidate's criminal history,
employment hi story, use of controlled substances, and ability lo work with diverse
communities. CDP also will determine, to the extent possible, whether the candidate
has been named in a civil action in either Cuyahoga County and/or in the County where
the officer lives.
310. As part of the hiring process, consistent with applicable law, CDP will request to
review personnel files from candidates' previous employment and, where possible, will
speak wi th the candidate's previous supervisor{s). This review, and any salient
information obtained, will be documented in the candidate's file.
311. If a candidate has previous law enforcement experience, CDP will complete a thorough,
objective, and timely pre-employment investigation that includes requesting a
candidate's history of using lethal and less lethal force, use of force training records,
and complaint history. This review, and any salient information obtained from this
review, will be documented in the candidate's file.
D. Performance Evaluations and Promotions
312. CDP will ensure that officers who police professional ly and effectively arc recognized
through the performance evaluation process. and that officers who lead professionally
and effectively are identi fied and receive appropriate consideration for promotion.
CDP will further ensure that poor performance or policing that otherwise undermines
public safety and community trust is reflected in offi cer evaluations so that CDP can
identify and effectively respond.
1. Performance Evaluations
313. CDP will develop and implement fair and consistent practices to accurately evaluate
officer performance in areas related to integrity, community policing, and critical police
functions, on both an ongoing and annual basis.
314. As part of this program, within 18 months of the Effective Date, CDP, working with
human resources and the police unions as necessary, will continue to utilize a
formalized system documenting the annual performance evaluations of each offi cer by
the officer's direct supervisor. The annual performance evaluation will be augmented to
include an assessment of:
a. community engagement and communication with the public as appropriate to
assignment;
b. use of community and problem-oriented policing and problem-solving
strategies as appropriate to assignment;
c. de-escalation strategies;
d. techniques for dealing with individuals in crisis;
e. civilian commendations and complaints;
f. disciplinary actions;
g. compliance with policy;
h. safety (e.g., officer safety standards and vehicle operations);
i. training;
j. report writing; and
k. decision-making skills.
315. As part of the annual performance review process, supervisors will meet with the
employee whose performance is being evaluated to discuss the evaluation. In add ition,
on an ongoing basis, supervisors will discuss with their subordinates their performance
and will document as appropriate the supervisor's ongoing communications regarding
officer performance and areas of growth.
316. CDP will hold supervisors of all ranks accountable for conducting timely, accurate, and
complete performance evaluations of their subordinates.
2. Promotions
317. CDP will develop and implement fa ir and consistent promotion practices that comport
with the requirements of this Agreement and result in the promotion of officers who are
effective and professional.
318. In determining whether the officer is likely to be effective and appropriate for the
position to which he or she is being considered for promotion, the appointing authority
will consider the following factors, where relevant:
a. effective use of community and problem-oriented policing strategics;
b. the number and circumstances of uses of force;
c. an officer's service as an FTO or Field Training Sergeant;
d. disciplinary record;
e. problem-solving skills;
f. interpersonal skills;
g. support for departmental integrity measures; and
h. pending disciplinary process.
E. Staffing
319. Within 365 days of the Effective Date, CDP will complete a comprehensive staffing
study to assess the appropriate number of sworn and civil ian personnel to perform the
functions necessary for CDP to fulfill its mission, and satisfy the requirements of this
Agreement. Within 180 days of completion of this study, CDP will develop an
effective, comprehensive Staffing Plan that is consistent with its mission. including
community and problem-oriented policing, and that will allow CDP to meet the
requirements of this Agreement.
320. Among other items, CD P's Staffing Plan will address and provide for each of the
following:
a. personnel deployment to ensure effective community and problem-oriented
policing;
b. a sufficient number of well-trained staff and resources to conduct timely
misconduct investigations;
c. to the extent feasible, Unity of Command; and
d. a sufficient number of supervisors.
321. Upon the Chiefs approval of the Staffing Plan, COP will submit it to the Monitor and
OOJ. The Monitor will assess the Staffing Plan and report to the Parties whether it is
appropriate, effective, and consistent with the requirements of this Agreement. DOJ
independently will review and assess whether the Staffing Plan is appropriate, effective,
and consistent with the requirements of this Agreement. The City and CDP will
employ best efforts to implement the Staffing Plan over the period of time set forth in
the approved plan. The Monitor will report to the Parties whether the City and CDP are
using best efforts to implement the Staffing Plan as required.
A. Training
269. CDP will ensure that all officers receive adequate training to understand: (a) how to
police effectively and safely in accordance with CDP policy; (b) the requirements of
this Agreement, Ohio law, and the Constitution and laws of the United States. CDP
training will reflect CDP's commitment to procedural justice, bias-free policing, and
community policing, and will instill agency expectations that officers police diligently,
and have an und e rstand~ng of and commitment to the constitutional rights of the
individuals they encounter.
1. Training Plan
270. CDP will expand the scope and membership of the Training Review Committee. The
Training Review Committee, headed by the Commander responsible for Training, will
include Training Section staff members, the District training coordinators, union
representatives, and members of the Commission.
271. Within 365 days of the Effective Date, the Training Review Committee wi ll develop a
written training plan for CDP's recruit academy, probationary field training, and inservice
training to ensure that recruits, and officers are trained to effectively and
lawful ly carry out their duties in accordance with CDP policy, the requirements and
goals of this Agreement, Ohio law, and the Constitution and laws of the United States.
The plan will:
a. identify training priorities and broad training goals;
b. require at least 960 hours of recruit training;
c. fulfill all of the in-service training required by this Agreement, which will
require at least 40 hours of in-service training annually;
d. develop instructional strategies that incorporate active learning methods such
as problem-solving and scenario-based activities, based on current theories of
learning; and
e. establish the frequency and subject areas f r recruit and in-service training.
272. The Training Plan need not apply to personnel in the Communication Control Section.
273. Upon the Chiefs approval of the training plan, CDP will submit the training plan and
schedule of all training required by this Agreement to the Monitor and DOJ. The
Monitor will review the training plan and provide the Parties with written comments
within 30 days of receipt thereof. DOJ will have 30 days from receipt of the Monitor's
comments on the training plan to determine whether the training plan is consistent with
the requirements of this Agreement and to provide comments. Both the Monitor and
DOJ will comment specifically on whether the proposed training is adequate in
quantity, scope and type. If the Monitor or DOJ objects to any aspect of the training
plan and schedule, they wi ll note their objections to all Parties in writing. CDP will
have 15 days to resolve any objections to its training plan and schedule. If after this 15
day period has run, the Monitor or DOJ maintains its objection, then the Monitor will
have an additional 15 days to resolve the objection. If either party disagrees with the
Monitor's resolution of the objection, either party may ask the Court to resolve the
matter. The training plan and schedule wi ll be implemented once any objections have
been resolved.
274. The Training Review Committee will annually review and update CDP's training plan.
To inform this update, the Training Review Committee will conduct a needs
assessment, taking into consideration: trends in misconduct complaints; problematic
uses of force; analysis of officer safety issues; input from members at all levels of CDP;
input from members of' the community, including community concerns; court decisions;
research reflecting the latest in law enforcement trends; individual District needs; and
any changes to Ohio or federal law, and to CDP policy. The Training Review
Committee's needs assessment also will identify trends and document officer reaction
lo and satisfaction with the training they received and officer learning as a result of
training, including the extent to which officers are applying the knowledge and skills
acquired in training to their jobs.
275. CDP's Commander responsible for training will continue to be responsible for
overseeing and coordinating all CDP training, including recruit academy; probationary
field training; in-service training, including firearms and other use of force training;
roll-call training; supervisory training; and all elective training.
276. CDP will designate a single training coordinator in each District. The Commander
responsible for training will establish and maintain communications with each District
training coordinator to ensure that all officers complete training as required and that
documentation of training is provided to the Commander responsible for training.
277. Within 180 days of the Effective Date, CDP will develop recruit academy and
in-service curricula that comport with CDP's training plan and that comprehensively
address the requirements of this Agreement.
278. Unless otherwise noted, the training required under this Agreement, including training
on all policies revised or developed pursuant to this Agreement, will be delivered
within two years of the Effective Date. Any training provided to CDP officers
beginning in January 2015 may be considered to fulfill training requirements under this
Agreement for individual officers, if appropriate.
279. For all other substantive updates or revisions to policy or procedure, CDP wi ll ensure
and document that all relevant CDP personnel have received and read the policy or
procedure. Notification of each revision or update wi II include the rationale for the
policy changes and the difference between the old and updated policy. Training
beyond roll-call may be necessary for many policy updates and revisions to ensure
officers understand and can perform their duties pursuant to the policy.
280. The Commander responsible for training will review all training curricula, lesson plans,
and procedures for consistency, quality, accuracy, currency, completeness, and
compliance with applicable law and CDP policy, and ensure that they effectively teach
CDP personnel to understand and fo llow CDP policies. The Commander responsible
for training will ensure that a variety of adult learning techniques, scenario-based
training, and problem-solving practices, in addition to traditional lecture formats, arc
incorporated into all training. The Commander responsible for training also will ensure
that all curricula, lesson plans, instructor's qualifications, and testing materials are
reviewed by the Training Review Committee and, where appropriate, persons external
to CDP with expertise in the relevant lesson areas.
281. CDP will ensure that instructors arc qualified and use only curricula and lesson plans
that have been approved by the Commander responsible for training. CDP will actively
seek out and retain qualified instructors from outside CDP to supplement the skills of
its in-house training staff and adjunct instructors. As appropriate, CDP will incorporate
experts and guest speakers, including judges, prosecutors, crime victims, and
community members, to participate in relevant courses.
2. Field Training Program
282. Within 270 days of the Effective Date, CDP will revise, as necessary, its field training
program for graduates of the police academy to comport with CDP's training plan and
this Agreement. The field training program will fo llow academy training and wi ll
continue to be at least 26 weeks.
283. The field training program will incorporate community and problem-oriented policing
principles, and problem-based learning methods.
284. Within 270 days of the Effective Date, CDP will review and revise as necessary its
field Training Officer ("FTO") participation policy to establish and implement a
program that effectively attracts the best FTO candidates. CDP's policies and
procedures on field training will delineate the criteria and methodology for selecting
FTOs and field training sergeants. The City will work with the unions to allow only
highly qualified officers to serve as FTOs and Field Training Sergeants. Taking into
account the collective bargaining agreements with the unions, CDP will revise its
eligi bi lity criteria to select FTOs and Field Training Sergeants based on their written
applications, performance evaluations, previous performance as police officers, and
complaint and disciplinary histories.
285. CDP will ensure that all new FTOs and Field Training Sergeants receive in itial and inservice
training that is adequate in quality, quantity, scope, and type, and that addresses
management and supervision; community-oriented policing; effective problem solving
techniques; and field communication. If current FTOs and Field Training Sergeants
have received initial training that is sufficient to fulfill the requirements of this
Agreement, they will not have to repeat the initial training. FTOs and Field Training
Sergeants will receive the required in-service training at least every three years. FTOs
and Field training Sergeants will be trained on any substantive changes to FTO policies
and practices during the interim period. FTOs and Field Training Sergeants will be
required to maintain, and demonstrate on a regular basis, their proficiency in managing
recruits and subordinates, practicing and teaching community and problem-oriented
policing, and solving problems effoctively. CDP will maintain current documentation
of FTOs' evaluations and training.
286. Within 270 days of the Effective Date, CDP will create a mechanism for recruits to
provide confidential feedback regarding the quality of their field training, including the
extent to which their field training was consistent with what they learned in the
academy, and suggestions for changes to academy trai ning based upon their experience
in the FTO program. CDP will document its response, including the rationale behind
any responsive action taken or decision to take no action.
287. CDP's Training Review Committee will, on an annual basis, analyze all aspects of
CDP's FTO program and consider emerging national policing practices in this area.
Based on this research and analysis, the Training Review Committee will recommend,
and CDP will institute, appropriate changes to policies, procedures, and training related
to its FTO program.
3. Documentation of Training
288. CDP will document all training provided to or received by CDP officers, whether
required or otherwise. Officers will sign an acknowledgement of attendance or
digitally acknowledge completion of each training course (whether provided th.rough
CDP or outside sources) as well as completion of annual training requirements and
training on any new or substantially revised policies. These acknowledgements will be
maintained in a format that allows for analysis by training type, training date, trajning
source, and by individual officer name.
289. Within 540 days of the Effective Date, CDP will develop and implement a system that
will allow the Training Section to electronically track, maintain, and produce complete
and accmate records of current curricula, lesson plans, training delivered, and other
training materials in a centralized electronic file system.
290. CDP will develop and implement accountability measures, including disciplinary and
non-disciplinary corrective action, to ensure that all offi cers successfully complete all
required training programs in a timely manner.
B. Equipment and Resources
291. With the goal of ensuring that CDP is provided with the resources, equipment, and
updated technology necessary to implement the terms of this Agreement and to allow
officers to perform their jobs safely, effectively, and efficiently, the City will
implement the paragraphs below.
292. Within 365 days of the Effective Date, CDP will complete a comprehensive equipment
and resource study to assess its current needs and priorities to perform the functions
necessary for CDP to fulfill its mission and satisfy the requirements of this Agreement.
Within six months of completion of this study, CDP wi ll develop an effective,
comprehensive Equipment and Resource Plan that is consistent with its mission and
that will allow it to satisfy the requirements of this Agreement.
293. Among other items, CDP's Equipment and Resource Plan will provide for necessary
equipment including, at least the following:
a. an adequate number of computers;
b. an adequate number of operable and safe zone cars;
c. zone cars with reliable, functioning computers that provide officers with upto-
date technology, including:
i. a mobile computer-aided dispatch system that allows officers and
supervisors to access real time information received from call-takers
and dispatchers;
ii. the ability to access CDP's records management system; and
iii. access to law enforcement databases that allow officers to learn basic
information about the civi lians with whom they interact and the call
history associated with the locations to which they are responding, as
well as warrant and driver's license checks, and information
concerning restraining orders; and
d. zone cars equipped with first-aid kits that would allow police officers to
perform life-saving measures, and equipment necessary to decontaminate
persons exposed to OC spray.
This plan also wi ll ensure that CDP:
e. properly mai ntains and seeks to continuously improve upon existing
equipment and technology; and
f. is appropriately identifying equipment needs and seeking to utilize, as
appropriate, emerging technologies.
294. CDP will actively seek input and feedback from the Commission, patrol officers, and
supervisors regarding resource allocation, equipment needs, and technological
improvements.
295. Upon the Chiers approval of the Equipment and Resource Plan, CDP wi ll submit it to
the Monitor and DOJ. The Monitor will assess the Equipment and Resource Plan and
report to the Parties whether it is appropriate, effective, and consistent with the
requ irements of this Agreement. DOJ may independently review and assess whether
the Equipment and Resource Plan is appropriate, effective, and consistent with the
requirements of this Agreement. The City and CDP will employ best efforts to
implement the Equipment and Resource Plan over the period of time set forth in the
approved plan. The Monitor will report to the Parties whether the City and CDP arc
using best efforts to implement the Equipment and Resource Plan as required.
296. Within 365 days of the Effective Date, CDP will develop or revise, as appropriate, and
implement an effective, centralized records management system that will enhance
crime analysis, improve responsiveness and transparency, allow for effective and
efficient data collection, promote infonnation sharing within CDP and throughout the
law enforcement community, aid in developing crime-fighting solutions, and assist
CDP in effectively deploying its personnel.
297. Within 180 days of the Effective Date, CDP will utilize a department-wide e-mail
system to improve communication and information sharing among all department
personnel, including command staff, supervisors, and patrol officers. Patrol officers
will not have access to information regarding al legations of misconduct.
298. CDP will employ information technology professionals who are trained to conduct
crime and intelligence analysis, who are capable of troubleshooting and maintaining
information technology systems and who can identify and suggest appropriate
technological advancements.
299. CDP will implement an effective employee assistance program that provides officers
ready access to the mental health and support resources necessary to facilitate effective
and constitutional policing.
C. Recruitment and Hiring
300. To maintain high-level, quality service, ensure officer safety and accountability, and
promote constitutional, effective policing, CDP will review and revise as necessary its
recruitment and hiring program to ensure that CDP successfully attracts and hires a
diverse group of qualified individuals.
301. The Mayor will work with the City Council to develop an ordinance to place a Charter
Amendment on the ballot that would give the appointing authority greater flexibility in
the selection of candidates from the certified eligibility list for the CDP.
302. Within 180 days of the Effective Date, CDP will develop a recruitment pol icy and a
strategic recruitment plan that includes clear goals, objectives, and action steps for
attracting qualified applicants from a broad cross-section of the community. The
recruitment plan will establish and clearly identify the goals of CD P's recruitment
efforts and the duties of officers and staff implementing the plan. CDP will regul arly
review its recruitment and hiring procedures and the effects of those procedures to
ensure that those, and other requirements, reflect the needs of the job and do not create
artificial or unnecessary barr.iers to selection. The recruitment plan will be provided to
the Monitor and DOJ.
303. The City will implement the recruitment plan within 60 days of it being approved by
the Monitor.
304. CDP's recruitment plan will include specific strategies for attracting a diverse group of
applicants, including officers who are familiar with the different neighborhoods of
Cleveland, who possess strategic thinking and problem-solving skills, emotional
maturity, interpersonal skills, and the ability to collaborate with a diverse cross-section
of the community.
305. In developing and implementing its recruitment plan, CDP will consult with the
Commission and other community stakeholders on strategies to attract a diverse pool of
applicants. CDP will create and maintain sustained relationships with community
stakeholders to enhance recruitment efforts.
306. CDP will continue to utilize an objective system for hiring and selecting recruits. The
system wi ll continue to employ minimum qualification for candidates and an objective
process for selecting recruits that employs reliable and valid selection criteria that
comport with the Charter and anti-discrimination laws.
307. CDP wi ll report mmually to the public its recruiting activities and outcomes, including
the number of applicants, interviewees, and selectees, broken down by gender, race,
ethnicity, and national origin. the extent to which CDP has been able to recruit qualified
applicants, and a discussion of any challenges to recruiting high-quality applicants.
308. CDP will continue to require all candidates for sworn personnel positions, including
new recruits and lateral hires, to undergo a psychological and medical examination to
determine their fitness for employment. CDP will continue to maintain a drug testing
program that provides for reliable and valid pre-service testing for new officers and
random testing for existing officers. The program will continue to be designed to detect
the use of illegal substances, including steroids.
309. CDP will conduct thorough, objecti ve, and timely background investigations of
candidates for sworn positions in accordance with federal anti-discrimination laws.
CDP's suitability determination will include assessing a candidate's criminal history,
employment hi story, use of controlled substances, and ability lo work with diverse
communities. CDP also will determine, to the extent possible, whether the candidate
has been named in a civil action in either Cuyahoga County and/or in the County where
the officer lives.
310. As part of the hiring process, consistent with applicable law, CDP will request to
review personnel files from candidates' previous employment and, where possible, will
speak wi th the candidate's previous supervisor{s). This review, and any salient
information obtained, will be documented in the candidate's file.
311. If a candidate has previous law enforcement experience, CDP will complete a thorough,
objective, and timely pre-employment investigation that includes requesting a
candidate's history of using lethal and less lethal force, use of force training records,
and complaint history. This review, and any salient information obtained from this
review, will be documented in the candidate's file.
D. Performance Evaluations and Promotions
312. CDP will ensure that officers who police professional ly and effectively arc recognized
through the performance evaluation process. and that officers who lead professionally
and effectively are identi fied and receive appropriate consideration for promotion.
CDP will further ensure that poor performance or policing that otherwise undermines
public safety and community trust is reflected in offi cer evaluations so that CDP can
identify and effectively respond.
1. Performance Evaluations
313. CDP will develop and implement fair and consistent practices to accurately evaluate
officer performance in areas related to integrity, community policing, and critical police
functions, on both an ongoing and annual basis.
314. As part of this program, within 18 months of the Effective Date, CDP, working with
human resources and the police unions as necessary, will continue to utilize a
formalized system documenting the annual performance evaluations of each offi cer by
the officer's direct supervisor. The annual performance evaluation will be augmented to
include an assessment of:
a. community engagement and communication with the public as appropriate to
assignment;
b. use of community and problem-oriented policing and problem-solving
strategies as appropriate to assignment;
c. de-escalation strategies;
d. techniques for dealing with individuals in crisis;
e. civilian commendations and complaints;
f. disciplinary actions;
g. compliance with policy;
h. safety (e.g., officer safety standards and vehicle operations);
i. training;
j. report writing; and
k. decision-making skills.
315. As part of the annual performance review process, supervisors will meet with the
employee whose performance is being evaluated to discuss the evaluation. In add ition,
on an ongoing basis, supervisors will discuss with their subordinates their performance
and will document as appropriate the supervisor's ongoing communications regarding
officer performance and areas of growth.
316. CDP will hold supervisors of all ranks accountable for conducting timely, accurate, and
complete performance evaluations of their subordinates.
2. Promotions
317. CDP will develop and implement fa ir and consistent promotion practices that comport
with the requirements of this Agreement and result in the promotion of officers who are
effective and professional.
318. In determining whether the officer is likely to be effective and appropriate for the
position to which he or she is being considered for promotion, the appointing authority
will consider the following factors, where relevant:
a. effective use of community and problem-oriented policing strategics;
b. the number and circumstances of uses of force;
c. an officer's service as an FTO or Field Training Sergeant;
d. disciplinary record;
e. problem-solving skills;
f. interpersonal skills;
g. support for departmental integrity measures; and
h. pending disciplinary process.
E. Staffing
319. Within 365 days of the Effective Date, CDP will complete a comprehensive staffing
study to assess the appropriate number of sworn and civil ian personnel to perform the
functions necessary for CDP to fulfill its mission, and satisfy the requirements of this
Agreement. Within 180 days of completion of this study, CDP will develop an
effective, comprehensive Staffing Plan that is consistent with its mission. including
community and problem-oriented policing, and that will allow CDP to meet the
requirements of this Agreement.
320. Among other items, CD P's Staffing Plan will address and provide for each of the
following:
a. personnel deployment to ensure effective community and problem-oriented
policing;
b. a sufficient number of well-trained staff and resources to conduct timely
misconduct investigations;
c. to the extent feasible, Unity of Command; and
d. a sufficient number of supervisors.
321. Upon the Chiefs approval of the Staffing Plan, COP will submit it to the Monitor and
OOJ. The Monitor will assess the Staffing Plan and report to the Parties whether it is
appropriate, effective, and consistent with the requirements of this Agreement. DOJ
independently will review and assess whether the Staffing Plan is appropriate, effective,
and consistent with the requirements of this Agreement. The City and CDP will
employ best efforts to implement the Staffing Plan over the period of time set forth in
the approved plan. The Monitor will report to the Parties whether the City and CDP are
using best efforts to implement the Staffing Plan as required.
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
by admin » Wed Jun 24, 2015 9:21 am
XII. SUPERVISION
A. Duties, and Training of First Line Supervisors
322. CDP will ensure that first line supervisors provide close and effective supervision of
officers. This close and effective supervision includes responding to, investigating, and
documenting force as required by this Agreement; ensuring that officers are working
actively to engage the community with the goal of increasing public trust; monitoring,
commanding, and contro lling incidents and calls for service; reviewing arrest report s
for compliance with law and this Agreement; identifying training and professional
development needs; and providing leadership, counseling, redirection, and support to
officers as needed.
323. Within 365 days of the Effective Date, CDP will develop and implement mandatory
supervisory training for all new and current supervisors. This training for new and
current supervisors may be different, but both will be adequate in quality, quantity,
type, and scope, and will include the following topics:
a. techniques for effectively guiding and directing officers and promoting
effective and constitutional police practices;
b. de-escalating conflict;
c. evaluating written reports, including identification of canned or conclusory
language that is not accompanied by specific facts;
d. investigating officer uses of force;
e. building community partnerships and guiding officers on this requirement;
f. understanding supervisory tools such as the Officer Intervention Program and
body worn cameras;
g. responding to and investigating allegations of officer misconduct;
h. evaluating officer performance;
i. consistent disciplinary sanction and non-punitive corrective action;
j. monitoring use of force to ensure consistency with policies; and
k. legal updates.
324. Thereafter all sworn supervisors will receive adequate in-service management training,
which may include updates and lessons learned related to the topics covered in the
supervisor training and other areas covered by this Agreement.
325. CDP will hold supervisors directly accountable for the quality and effectiveness of their
supervision, including whether supervisors identify and effectively respond to
misconduct and ensure that officers effectively engage with the community.
B. Officer Intervention Program
326. Within 365 days of the Efiective Date, CPD will create a plan to modify its Officer
Intervention Program ("OlP") to enhance its effectiveness as a management tool to
promote supervisory awareness and proactive identification of potentially problematic
behavior among officers.
327. CDP supervisors will regularly use OlP data to evaluate the performance of CDP
officers across all ranks, units, and shifts. Non~medical CDP supervisors will not have
access to confidential medical or mental health information or treatment plans. CDP
supervisors will be trained to interpret OIP data; understand and utilize the range of
non-disciplinary corrective action they can take to modify officers' behavior and
improve performance; manage risk and liability; promote constitutional policing; and
address underlying stressors to promote officer well-being. The intent of OTP is to
intervene before discipline is required.
328. The OJP will include a computerized relational database that will be used to collect,
maintain, integrate, and retrieve data department-wide and for each officer regarding:
a. all uses of force;
b. all ECW applications and accidental discharges involving a subject;
c. all injuries and deaths to persons in custody;
d. all critical firearm discharges;
e. incidents involving the reportable pointing of a firearm at a person;
f. the number of OC spray applications;
g. canine bites;
h. vehicle pursuits and traffic collisions involving CDP equipment;
i. civilian complaints, whether filed with CDP, OPS, or the Mayor's office;
j. judicial proceedings where an officer is the subject of a protective or
restraining order, other than a temporary restraining order dealing solely with
financial matters. Officers will be required to report to their supervisors if
they become the subject of a protective or restraining order, other than a
temporary restraining order dealing solely with financial matters;
k. failures to record incidents with CDP's body worn cameras that are required
to be recorded under CDP's body worn camera policy;
I. instances in which CDP is informed that a court has made a negative
credibility determination regarding a CDP officer, or that a motion was
granted on the grounds of a constitutional violation by a CDP officer;
m. all disciplinary action taken against officers;
n. all documented non-disciplinary corrective action required of officers;
o. sick leave usage, especially in concert with regular days off and holidays; and
p. all criminal proceedings initiated against an officer, and all civil lawsuits
served upon the City and/or its officers or agents. resulting from the actions of
CDP officers.
329. CDP will set threshold levels for each OTP indicator that will trigger a formal review,
and the thresholds will allow for peer-group comparisons between officers with similar
assignments and duties. The Monitor and DOJ will review and approve the OTP
threshold levels.
330. CDP will implement rolling thresholds so that, once a review of a particular officer has
been triggered as a result of a specific criteria that resulted in an intervention, each
ubsequent event involving that same criteria will trigger a review for a specified period
of time.
331. CDP will collect and, at least quarterly, analyze OIP information related to supervi sor,
District, squad, and unit trends.
332. OIP will include appropriate identifying information for each involved employee (i.e.,
name, badge number, shift, and supervisor) and, where appropriate, each involved
civilian (e.g., race, ethnicity, national origin, and gender).
333. CDP will develop and implement a comprehensive protocol for using the updated OlP
information that wil l include data storage, data retrieval, reporting, data analysis,
panern identification, supervi·sory use, supervisory/departmental intervention,
documentation, audits, access to the system, and confidentiality of personally
identifiable information, med ical and mental health records and treatment plans.
334. Supervisors will review OIP data other than confidentia·l medical or mental health
records and treatment plans, for all officers under their direct command at least
monthly, and whenever an employee first comes under their supervision. At least
quarterly, supervisors will review broader, pattern-based reports.
335. Interventions in response to threshold triggers wi ll be timely implemented and designed
to assist officers in avoiding potentially problematic behavior. All interventions will be
documented in writing and entered into OIP. Supervisors will review the progress and
evaluate the effectiveness ol' thc intervention strategy except for those interventions that
relate to confidential medical and mental health treatment plans.
336. CDP will enter information into OLP in a timely, accurate, and complete manner, and
will securely and confidentially store all data. CDP will maintain all officer specific
information in OIP for at least five years following the officer's separation from CDP,
unless prohibited by law. lnformation necessary for aggregate statistical analyses will
be maintained indefinitely. CDP will provide in-service training to all employees,
including officers, supervisors, and commanders, regarding the updated OIP within 180
days of the system improvements specified in this section to ensure proper
understanding and use of the system. CDP supervisors will be trained to use OJP as
designed to help improve the performance of officers under their command.
Commanders and supervisors will be trained in evaluating and making appropriate
comparisons in order to identify any significant individual or group patterns.
C. Body Worn Cameras
337. CDP's use of body worn cameras is not required by this Agreement. If CDP chooses to
use body worn cameras, CDP will provide clear guidance and training on their use, and
will implement protocols for testing equipment and preservation of recordings to foster
transparency, increase accountability, and build tmst, while protecting the privacy
rights of individuals.
338. Supervisors will review recordings related to any incident involving at least a Level 2
or 3 use of force; injuries to officers; and in conjunction with any other supervisory
investigation.
339. Supervisors will conduct adequate random and directed audits of body worn camera
recordings created by officers under their command to confirm compliance with CDP
policy and to identify areas where additional training or guidance is needed.
Supervisors will incorporate the knowledge gained from this review into their ongoing
evaluation and supervision of officers.
340. Ofiiccrs will be subject to the disciplinary process for intentional or otherwise
unjustified failure to activate body worn cameras in violation of CDP policy.
A. Duties, and Training of First Line Supervisors
322. CDP will ensure that first line supervisors provide close and effective supervision of
officers. This close and effective supervision includes responding to, investigating, and
documenting force as required by this Agreement; ensuring that officers are working
actively to engage the community with the goal of increasing public trust; monitoring,
commanding, and contro lling incidents and calls for service; reviewing arrest report s
for compliance with law and this Agreement; identifying training and professional
development needs; and providing leadership, counseling, redirection, and support to
officers as needed.
323. Within 365 days of the Effective Date, CDP will develop and implement mandatory
supervisory training for all new and current supervisors. This training for new and
current supervisors may be different, but both will be adequate in quality, quantity,
type, and scope, and will include the following topics:
a. techniques for effectively guiding and directing officers and promoting
effective and constitutional police practices;
b. de-escalating conflict;
c. evaluating written reports, including identification of canned or conclusory
language that is not accompanied by specific facts;
d. investigating officer uses of force;
e. building community partnerships and guiding officers on this requirement;
f. understanding supervisory tools such as the Officer Intervention Program and
body worn cameras;
g. responding to and investigating allegations of officer misconduct;
h. evaluating officer performance;
i. consistent disciplinary sanction and non-punitive corrective action;
j. monitoring use of force to ensure consistency with policies; and
k. legal updates.
324. Thereafter all sworn supervisors will receive adequate in-service management training,
which may include updates and lessons learned related to the topics covered in the
supervisor training and other areas covered by this Agreement.
325. CDP will hold supervisors directly accountable for the quality and effectiveness of their
supervision, including whether supervisors identify and effectively respond to
misconduct and ensure that officers effectively engage with the community.
B. Officer Intervention Program
326. Within 365 days of the Efiective Date, CPD will create a plan to modify its Officer
Intervention Program ("OlP") to enhance its effectiveness as a management tool to
promote supervisory awareness and proactive identification of potentially problematic
behavior among officers.
327. CDP supervisors will regularly use OlP data to evaluate the performance of CDP
officers across all ranks, units, and shifts. Non~medical CDP supervisors will not have
access to confidential medical or mental health information or treatment plans. CDP
supervisors will be trained to interpret OIP data; understand and utilize the range of
non-disciplinary corrective action they can take to modify officers' behavior and
improve performance; manage risk and liability; promote constitutional policing; and
address underlying stressors to promote officer well-being. The intent of OTP is to
intervene before discipline is required.
328. The OJP will include a computerized relational database that will be used to collect,
maintain, integrate, and retrieve data department-wide and for each officer regarding:
a. all uses of force;
b. all ECW applications and accidental discharges involving a subject;
c. all injuries and deaths to persons in custody;
d. all critical firearm discharges;
e. incidents involving the reportable pointing of a firearm at a person;
f. the number of OC spray applications;
g. canine bites;
h. vehicle pursuits and traffic collisions involving CDP equipment;
i. civilian complaints, whether filed with CDP, OPS, or the Mayor's office;
j. judicial proceedings where an officer is the subject of a protective or
restraining order, other than a temporary restraining order dealing solely with
financial matters. Officers will be required to report to their supervisors if
they become the subject of a protective or restraining order, other than a
temporary restraining order dealing solely with financial matters;
k. failures to record incidents with CDP's body worn cameras that are required
to be recorded under CDP's body worn camera policy;
I. instances in which CDP is informed that a court has made a negative
credibility determination regarding a CDP officer, or that a motion was
granted on the grounds of a constitutional violation by a CDP officer;
m. all disciplinary action taken against officers;
n. all documented non-disciplinary corrective action required of officers;
o. sick leave usage, especially in concert with regular days off and holidays; and
p. all criminal proceedings initiated against an officer, and all civil lawsuits
served upon the City and/or its officers or agents. resulting from the actions of
CDP officers.
329. CDP will set threshold levels for each OTP indicator that will trigger a formal review,
and the thresholds will allow for peer-group comparisons between officers with similar
assignments and duties. The Monitor and DOJ will review and approve the OTP
threshold levels.
330. CDP will implement rolling thresholds so that, once a review of a particular officer has
been triggered as a result of a specific criteria that resulted in an intervention, each
ubsequent event involving that same criteria will trigger a review for a specified period
of time.
331. CDP will collect and, at least quarterly, analyze OIP information related to supervi sor,
District, squad, and unit trends.
332. OIP will include appropriate identifying information for each involved employee (i.e.,
name, badge number, shift, and supervisor) and, where appropriate, each involved
civilian (e.g., race, ethnicity, national origin, and gender).
333. CDP will develop and implement a comprehensive protocol for using the updated OlP
information that wil l include data storage, data retrieval, reporting, data analysis,
panern identification, supervi·sory use, supervisory/departmental intervention,
documentation, audits, access to the system, and confidentiality of personally
identifiable information, med ical and mental health records and treatment plans.
334. Supervisors will review OIP data other than confidentia·l medical or mental health
records and treatment plans, for all officers under their direct command at least
monthly, and whenever an employee first comes under their supervision. At least
quarterly, supervisors will review broader, pattern-based reports.
335. Interventions in response to threshold triggers wi ll be timely implemented and designed
to assist officers in avoiding potentially problematic behavior. All interventions will be
documented in writing and entered into OIP. Supervisors will review the progress and
evaluate the effectiveness ol' thc intervention strategy except for those interventions that
relate to confidential medical and mental health treatment plans.
336. CDP will enter information into OLP in a timely, accurate, and complete manner, and
will securely and confidentially store all data. CDP will maintain all officer specific
information in OIP for at least five years following the officer's separation from CDP,
unless prohibited by law. lnformation necessary for aggregate statistical analyses will
be maintained indefinitely. CDP will provide in-service training to all employees,
including officers, supervisors, and commanders, regarding the updated OIP within 180
days of the system improvements specified in this section to ensure proper
understanding and use of the system. CDP supervisors will be trained to use OJP as
designed to help improve the performance of officers under their command.
Commanders and supervisors will be trained in evaluating and making appropriate
comparisons in order to identify any significant individual or group patterns.
C. Body Worn Cameras
337. CDP's use of body worn cameras is not required by this Agreement. If CDP chooses to
use body worn cameras, CDP will provide clear guidance and training on their use, and
will implement protocols for testing equipment and preservation of recordings to foster
transparency, increase accountability, and build tmst, while protecting the privacy
rights of individuals.
338. Supervisors will review recordings related to any incident involving at least a Level 2
or 3 use of force; injuries to officers; and in conjunction with any other supervisory
investigation.
339. Supervisors will conduct adequate random and directed audits of body worn camera
recordings created by officers under their command to confirm compliance with CDP
policy and to identify areas where additional training or guidance is needed.
Supervisors will incorporate the knowledge gained from this review into their ongoing
evaluation and supervision of officers.
340. Ofiiccrs will be subject to the disciplinary process for intentional or otherwise
unjustified failure to activate body worn cameras in violation of CDP policy.
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
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XIII. POLICIES
341. To maintain high quality service, ensure officer safety and accountability, and promote
constitutional, effective policing, CDP will ensure that its policies and procedures
refl ect and express CDP's commitment to building community trust, utilizing
communi ty and problem-oriented policing, ensuring bias-free policing, and
incorporating the concept of procedural justice.
342. As needed, CDP wi ll develop, revise, and implement policies and procedures to fu lly
incorporate the terms of this Agreement and comply with applicable law. CDP will
ensure that its policies and procedures are plainly written, logically organized, and use
terms that are clearly defined. Unless otherwise noted, CDP will develop all policies
and procedures pursuant to this Agreement within 365 days of the Effective Date.
343. CDP will ensure that officers from all varying ranks and units have a meaningful
opportunity to review and comment on new or existing policies and procedures.
344. Prior to submission to the Monitor and DOJ, CDP will provide policies related to biasfree
policing, use of fo rce, search and seizure, and data collection and retention to the
Commission for review and comment. The Commission will provide any comments to
CDP within 15 days of submission. The CDP wi ll consider, discuss with, and timely
respond to the Commission's concerns. Where the Commission's concerns are
unresolved, CDP will provide the Commission's comments to the DOJ and the Monitor
along with the policy when it is submitted for approval.
345. CDP will submit all policies, procedures, manuals, and other administrative orders or
directives related to this Agreement to the Monitor and DOJ prior to publication and
implementation. If the Monitor or DOJ objects to the proposed policy, procedure,
manual, or other administrative order or directive because they do not incorporate the
requirements of this Agreement or are inconsistent with this Agreement or law, the
Monitor or DOJ will note this objection in writing to all Parties within 15 business days
of the receipt of the policy, procedure, manual, or directive. CDP will have 15 business
days to resolve any objections to its policies, procedures, manuals, or directives. lf,
after this 15 day period has run, the Monitor or DOJ maintains its objection, then the
Monitor will have an additional 15 business days to resolve the objection. If either
party disagrees with the Monitor's resolution of the objection, either party may ask the
Court to resolve the matter. The policies will not be published or implemented until
any objections have been resolved. The Monitor will determine whether an additional
amount of time is necessary to ensure full and proper review of policies. Factors to
consider in making this determination include: (a) complexity of the policy; (b) extent
of disagreement regarding policy; (c) number of policies provided simultaneously; or
(d) extraordinary circumstances delaying review by the DOJ or the Monitor. In
determining whether these factors warrant additional time for review, the Monitor wi ll
fu lly consider the importance of prompt implementation of policies and wi ll allow
additional time for policy review only where it is clear that additional lime is necessary
to ensure full and proper review. Any extension to the above timelincs by the Monitor
will also toll CDP's deadline for pol icy completion.
346. CDP will post approved policies and procedures on the City's website to ensure public
accessibility. There will be reasonable exceptions for policies, procedures, and
administrative orders that are law enforcement sensitive, such as procedures regarding
undercover officers or operations.
347. The CDP wi ll review each policy or procedure related to this Agreement six months
after it is implemented and annually thereafter, to ensure that the policy or procedure
provides effective direction to CDP personnel and remains consistent with this
Agreement, and current law. The CDP will review and revise policies and procedures
as necessary upon notice of a significant policy deficiency during audits or reviews.
348. CDP wi ll maintain a complete, up-to-date manual of all CDP policies and procedures
that is indexed and maintained in an organized manner using a uniform numbering
system for ease of reference. Officers and employees will have access to the manual, in
hard copy or electronic format. Revisions and updates to CDP policies and procedures
will be incorporated into the manual.
349. CDP will ensure that changes in case law and statutes that are relevant to the work of
CDP are disseminated to appropriate CDP personnel in a timely manner and
incorporated, as needed, into CDP policies, procedures, and training.
341. To maintain high quality service, ensure officer safety and accountability, and promote
constitutional, effective policing, CDP will ensure that its policies and procedures
refl ect and express CDP's commitment to building community trust, utilizing
communi ty and problem-oriented policing, ensuring bias-free policing, and
incorporating the concept of procedural justice.
342. As needed, CDP wi ll develop, revise, and implement policies and procedures to fu lly
incorporate the terms of this Agreement and comply with applicable law. CDP will
ensure that its policies and procedures are plainly written, logically organized, and use
terms that are clearly defined. Unless otherwise noted, CDP will develop all policies
and procedures pursuant to this Agreement within 365 days of the Effective Date.
343. CDP will ensure that officers from all varying ranks and units have a meaningful
opportunity to review and comment on new or existing policies and procedures.
344. Prior to submission to the Monitor and DOJ, CDP will provide policies related to biasfree
policing, use of fo rce, search and seizure, and data collection and retention to the
Commission for review and comment. The Commission will provide any comments to
CDP within 15 days of submission. The CDP wi ll consider, discuss with, and timely
respond to the Commission's concerns. Where the Commission's concerns are
unresolved, CDP will provide the Commission's comments to the DOJ and the Monitor
along with the policy when it is submitted for approval.
345. CDP will submit all policies, procedures, manuals, and other administrative orders or
directives related to this Agreement to the Monitor and DOJ prior to publication and
implementation. If the Monitor or DOJ objects to the proposed policy, procedure,
manual, or other administrative order or directive because they do not incorporate the
requirements of this Agreement or are inconsistent with this Agreement or law, the
Monitor or DOJ will note this objection in writing to all Parties within 15 business days
of the receipt of the policy, procedure, manual, or directive. CDP will have 15 business
days to resolve any objections to its policies, procedures, manuals, or directives. lf,
after this 15 day period has run, the Monitor or DOJ maintains its objection, then the
Monitor will have an additional 15 business days to resolve the objection. If either
party disagrees with the Monitor's resolution of the objection, either party may ask the
Court to resolve the matter. The policies will not be published or implemented until
any objections have been resolved. The Monitor will determine whether an additional
amount of time is necessary to ensure full and proper review of policies. Factors to
consider in making this determination include: (a) complexity of the policy; (b) extent
of disagreement regarding policy; (c) number of policies provided simultaneously; or
(d) extraordinary circumstances delaying review by the DOJ or the Monitor. In
determining whether these factors warrant additional time for review, the Monitor wi ll
fu lly consider the importance of prompt implementation of policies and wi ll allow
additional time for policy review only where it is clear that additional lime is necessary
to ensure full and proper review. Any extension to the above timelincs by the Monitor
will also toll CDP's deadline for pol icy completion.
346. CDP will post approved policies and procedures on the City's website to ensure public
accessibility. There will be reasonable exceptions for policies, procedures, and
administrative orders that are law enforcement sensitive, such as procedures regarding
undercover officers or operations.
347. The CDP wi ll review each policy or procedure related to this Agreement six months
after it is implemented and annually thereafter, to ensure that the policy or procedure
provides effective direction to CDP personnel and remains consistent with this
Agreement, and current law. The CDP will review and revise policies and procedures
as necessary upon notice of a significant policy deficiency during audits or reviews.
348. CDP wi ll maintain a complete, up-to-date manual of all CDP policies and procedures
that is indexed and maintained in an organized manner using a uniform numbering
system for ease of reference. Officers and employees will have access to the manual, in
hard copy or electronic format. Revisions and updates to CDP policies and procedures
will be incorporated into the manual.
349. CDP will ensure that changes in case law and statutes that are relevant to the work of
CDP are disseminated to appropriate CDP personnel in a timely manner and
incorporated, as needed, into CDP policies, procedures, and training.
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
by admin » Wed Jun 24, 2015 9:33 am
XIV. IMPLEMENTATION, ASSESSMENT, OUTCOMES, AND ENFORCEMENT
A. Role of the Independent Monitor
350. The Parties will jointly select an Independent Monitor ("Monitor") who will assess and
report whether the requirements of this Agreement have been implemented, and
whether this implementation is resulting in constitutional and effective policing,
professional treatment of individuals, and increased community trust of CDP. The
Monitor will work with the Parties to identify and address any barriers to compliance.
351. The Monitor will only have the duties, responsibilities, and authority conferred by this
Agreement. The Monitor will not, and is not intended to, replace or assume the role
and duties of any CDP employee, including the Chief, or any other City official.
Nothing in this Agreement alters the fact that the Mayor of Cleveland retains authority
over the CDP and the Chief of CDP maintains the authority to oversee the operations of
CDP. As an agent of the Court, the Monitor will be subject to the supervision and
orders of the Court, consistent with this Agreement and applicable law.
352. In order to assess and report on CD P's implementation of this Agreement and whether
the goals of this Agreement are being achieved, the Monitor wi ll conduct the reviews
specified in this Agreement, and will review CDP policies, procedures, practices,
training curricula, and programs developed and implemented under this Agreement.
B. Selection and Compensation of the Monitor
353. Within 90 days of the Effective Date, or additional time if agreed to by the Parties, the
City and DOJ will together select a Monitor, acceptable to both Parties, to assess and
report on CDP's implementation of this Agreement. The Parties have agreed to use an
open Request for Information process in selecting the Monitor. This process will be
implemented in a manner consistent with this Agreement, including the requirement
that the Monitor be jointly selected and acceptable to both DOJ and the City. The
Parties' Monitor selection will be subject to the approval of the Court with jurisdiction
over this Agreement. The Monitor will be comprised of individuals of the highest
ethics.
354. If the Parties are unable to agree on a Monitor or an alternative method of selection
within the timeframe agreed to by the Parties, each Party will submit the names of three
candidates, or three groups of candidates, along with resumes and cost proposals, to the
Court, and the Court will select a Monitor from among the qualified
candidates/candidate groups.
355. The Monitor will be appointed for a period of five years from the Effective Date and
will have its appointment extended automatically should the City and CDP not
demonstrate Substantial and Effective Compliance at the end of this five-year period.
The extension of the Monitor beyond seven years will be allowed only if the Court
determines that it is reasonably necessary in order to assess and faci litate Substantial
and Effective Compliance with this Agreement. The Monitor's appointment will
terminate prior to five years if the City has achieved Substantial and Effective
CompIiance for the time specified in paragraph 401.
356. The City will bear all reasonable fees and costs of the Moni tor. DOJ and the City
recognize the importance of ensuring that the fees and costs borne by the City are
reasonable, and accordingly fees and costs will be one factor to be considered in
selecting the Monitor. In the event that any dispute ari.ses regarding the reasonableness
or payment of lhe Monitor's fees and costs, the City, DOJ, and the Monitor will attempt
to resolve such dispute cooperatively prior to seeking the assistance of the Court. If the
City and DOJ agree, and the Court approves, an independent third party with no
financial interest in the case may pay some or all of the fees and costs of the Monitor.
357. The City will provide the Monitor with permanent office space and reasonable office
support such as office furniture, telephones, lntemet access, secure document storage,
and photocopying.
358. The Monitor, at any time after its initial selection, may request to be allowed to h:ire,
employ, or contract with such additional persons or entities as are reasonably necessary
to perform the tasks assigned to the Monitor by this Agreement. Any person or entity
hi red or otherwise retained by the Monitor to assist in furthering any provision of this
Agreement will be subject to the provisions of this Agreement. The Monitor will notify
the City and DOJ in writing if the Monitor wishes to select such additional persons or
entities. The notice will identify and describe the qualifications of the person or entity
to be hired or employed and the monitoring task to be performed. If the City and DOJ
agree with the Monitor's proposal, the Monitor will be authorized to hire or employ
such additional persons or entities. The City and the DOJ have ten business days to
disagree with any such proposal. If the City and DOJ are unable to reach agreement
within ten business days of receiving notice of the disagreement, the Court wi 11 resolve
the dispute.
359. Should any of the Parties to this Agreement determine that the Monitor's individual
members, agents, employees, or independent contractors have exceeded their authority,
or failed to satisfactorily perfonn the duties required by this Agreement, the Party may
petition the Court for such relief as the Court deems appropriate, including replacement
of the Monitor, and/or any individual members, agents, employees, or independent
contractors.
C. Compliance Reviews
360. The Monitor will conduct reviews or audits as necessary to determine whether the City
and CDP have complied with the requirements of this Agreement. Compliance requires
that the City and CDP: (a) have incorporated the requirement into policy; (b) have
trained all relevant personnel as necessary to fulfill their responsibil ities pursuant to the
requi rement; and (c) are carrying out the req uirement in actual practice. Compliance
reviews and audits will contain the elements necessary for reliability and
comprehensiveness. Compliance reviews and audits may be conducted using sampling
and compilation data where appropriate.
D. Biennial Community Survey
361. Within 180 days of the Effective Date, and every two years thereafter, the Monitor will
conduct a reliable, comprehensive, and representative survey of members of the
Cleveland community regarding their experiences with and perceptions of CDP and of
public safety. Analysis of the results of this survey will be included in the outcome
assessments that are described in paragraph 367 and that may be used to demonstrate
sustained compliance with this Agreement.
362. The City and DOJ will endeavor to secure private funding for the biennial community
survey.
363. To conduct the biennial community survey, the Monitor will:
a. develop a baseline of measures on public satisfaction with policing, attitudes
among police personnel, and the quality of police-citizen encounters;
b. design, conduct, and analyze basel ine and subsequent biennial surveys of a
representative sample of City residents, pol ice personnel, and detained
arrestees;
c. review and consider prior law enforcement surveys in Cleveland and other
cities, as well as current or recent concerns in Cleveland, in designing the
survey;
d. observe community meetings and engage in informal conversations with
Cleveland residents, CDP officers and command staff, and other relevant
individuals, including DOJ represent~tives during the pendency of this
Agreement;
e. ensure that the resident and arrestee surveys are designed to capture a
representative sample of Cleveland residents, including members of each
demographic category;
f. conduct the survey in English, Spanish, and other languages, as necessary, to
ensure representation of the entire Cleveland community; and
g. fo rmally discuss the survey methodology with CDP supervisors and DOJ
representatives, throughout the pcndency of this Agreement. and consider
these opinions in the development of the initial survey and in making
improvements to subsequent surveys.
364. CDP and the City agree to cooperate with the design and perfonnance of the survey.
365. The report of the baseline survey and subsequent biennial surveys will be posted to the
City's website, and publicly distributed.
366. CDP will analyze the results of the survey and will use this analysis to modify and
improve CDP policies, procedures, practices, and protocols, as needed.
E. Outcome Measurements
367. In addition to compliance reviews and audits, the Monitor will conduct qualitative and
quantitative assessments to measure whether implementing this Agreement has resulted
in constitutional policing. The measurements relating to use of force; addressing
individuals in crisis; and stop, search, and arrest are not intended to expand the City's
data collection requirements set forth elsewhere in the Agreement. These outcome
assessments will include collecting and analyzing. at least annual ly, the fol lowing
outcome data, trends, and patterns:
a. Use of force measurements, including:
1. number of use-of-force incidents as compared to number of arrests, with
use-of-force incidents broken down by force type, District, type of related
arrest (if any); actual or perceived race, ethnicity, age, and gender of the
subject; and, if indicated at the time force was used, the subject's mental
or medical condition, use of drugs or alcohol, or the presence of a
disability;
2. number of injuries to officers and public, the rate at which officer and
subject injuries decrease or increase overall and by severity of injury;
number of force complaints, disposition of complaints, source of
complaint (internal or external), force type, geographic area, and any
identified demographic category of complainant;
3. the rate at which ECW usage decreases or increases compared to the use
of force overall and by weapon;
4. number of uses of force found to violate policy, broken down by force
type, geographic area, type of arrest; actual or perceived race, ethnjcity,
age, and gender of the subject; and, if indicated at the time force was used,
the subject's mental or medical condition, use of drugs or alcohol, or the
presence of a disability;
5. number of officers who have more than one instance of use of force in
violation of policy;
6. force reviews or investigations indicating a policy, training, or tactical
deficiency; and
7. quality of use of force investigations and reviews; and number and rate of
use of force administrative investigations which are returned for lack of
completeness.
b. Addressing individuals in crisis measurements, including:
1. number of calls for service and incidents that appear to involve an
individual in crisis, broken down by whether specialized CIT offi cers
responded to the calls; and the rate of individuals in crisis directed to the
healthcare system, rather than the judicial system;
2. number of police interactions where force was used on individuals in
crisis, including the type of fo rce used; the reason for the interaction, i.e.,
suspected criminal conduct or a call for assistance; the threat to public
safety, including whether the person was armed and if so, with what; a
description of the type of resistance offered, if any; and a descri ption of
any attempts at de-escalation.
c. Stop. Search, and Arrest measurements, including:
1. total number of investigatory stops, searches and a1Tcsts overall and
broken down by District (understanding that di fferent Districts may have
inherently different demographic compositions), type of arrest, actual or
perceived age, race, gender, and ethnicity of subject, and the rate at which
the encounters resulted in a summons or arrest;
2. data related to the documented reasonable suspicion to stop and probable
cause search or arrest, broken down by the actual or perceived race,
gender, age, and ethnicity of the person(s) stopped/searched/arrested;
3. number of searches that resulted in a finding or contraband, overall and
broken down by District (understanding that different Districts may have
inherently di fferent demographic compositions), type of arrest, and the
actual or perceived age, race, gender, and ethnicity of subject.
d. Bias-Free Policing and Community Engagement measurements, including:
1. number and variety of community partnerships, including partnerships
with youth;
2. homicide clearance rate;
3. number of civilian complaints regarding pol.ice services related to
discrimination and their disposition; and
4. analysis of results of biennial community survey, when available.
e. Recruitment measurements, including:
1. number of qualified recruit applicants;
2. detailed summary of recruitment activities, including development and
leveraging of community partnerships;
3. number and race, ethnicity, gender, and any self-identified disabil ity of
applicants who failed the initial screening and the reasons for their failure;
4. number of applicants with fluency in languages other than English, and the
specific languages spoken;
5. number and race, ethnicity, gender, or self-identified disability of lateral
candidates, and a Iist of their former agencies and years of service;
6. number of applicants with at least two years of col lcgc, a college degree,
or at least two years of military service;
7. pass/fail rate in each phase of the pre-employment process by race,
ethnicity, gender, and self-identified disability of applicants;
8. the average length of time to move applicants through each phase of lhe
pre-employment process and average amount of time to process
applicants; and
9. composition of recruit classes by race, ethnicity, gender, and selfidentified
disability.
f. Training measurements, including:
1. number and percentage of officers provided training pursuant to this
Agreement, broken down by the type of training provided;
2. students' evaluations of the adequacy of training in type and frequency;
3. modifications or improvements to training resulting from the review and
analysis required by this Agreement; and
4. prevalence of training deficiencies as reflected by problematic incidents or
performance trends.
g. Officer assistance and support measurements, including:
1. availability and use of officer assistance and support services; and
2. officer reports or surveys of adequacy of officer assistance and support.
h. Supervision measurements, including supervisors' initial identification of
officer violations and performance problems, and the supervisors' responses
to those violations and problems;
i. Civilian complaints, internal investigations, and discipline, including:
1. number of complaints, and whether any increase or decrease in this
number appears related to access to the complaint process;
2. number of sustained, exonerated, unfounded, not sustained, and
administratively dismissed complaints by type of complaint;
3. number of complaint allegations supported by a preponderance of the
evidence;
4. average length of time to complete investigations by complaint type;
5. number of officers who were subjects of multiple complaints or who had
repeated instances of sustained complaints;
6. arrests of officers for on- and off-duty conduct;
7. criminal prosecutions of officers for on-or off-duty conduct; and
8. other than vehicle accidents not involving a pursuil, number and nature of
civil suits against the City or CDP officers for work related conduct. and
the amount of judgments against or settlements resulting from those civil
suits.
j. Jn conducting these outcome assessments, the Monitor may use any relevant
data collected and maintained by CDP or the City (e.g., crime trend pattern
analysis), provided that the Monitor has determined, and the Parties agree, that
this data is reasonably reliable and complete.
F. Monitoring Plan and Review Methodology
368. Within 90 days of assuming the duties as the Monitor, the Monitor wi ll review and
recommend any changes to the outcome measures detai led above that the Monitor
deems useful in assessing whether implementation of this Agreement is resulling in
constitutional po licing. Recognizing that the above outcome measures have been
negotiated and agreed to by the Parties, the Parties will move the Court to adopt any
recommendations upon which they agree.
369. Within 120 days of assuming the duties as the Monitor, the Monitor will develop a plan
for conducting the compliance reviews and outcome assessments, and will submit this
plan to the Parties for review and approval. This plan will:
a. clearly delineate the requirements of this Agreement to be assessed for
compliance, indicating which requirements will be assessed together;
b. set out a schedule for conducting outcome measure assessments for each outcome
measure at least annually, except where otherwise noted, with the first assessment
occurring within 365 days of the Effective Date; and
c. set out a schedule for conducting a compliance review or audit of each
requirement of this Agreement with in the first two years of this Agreement, and a
compliance review or audit of each requirement at least annually thereafter, unless
the Monitor no longer assesses that requirement as provided in the next
paragraph.
370. Where the Monitor recommends and the Parties agree, the Monitor may refrain from
conducting a compliance review of a requirement previously found to be in compliance
by the Monitor, or where outcome assessments indicate that the outcome intended by
the requirement has been achieved. The City and CDP will be deemed to have
achieved Substantial and Effective Compliance on those requirements and the City's
obligations under those provisions will be deemed to have been met for the purpose of
seeking termination of this Agreement, without considering the one or two year
sustained compliance requirement.
371. At least 90 days prior to the initiation or any outcome measure assessment, compliance
review. or audit, the Monitor will submit a proposed methodology for the assessment,
review, or audit to the Parties. The Parties will submit any comments or concerns
regarding the proposed methodology to the Monitor no later than 45 days prior to the
proposed date of the assessment, review, or audit. The Monitor wi ll modify the
methodology as necessary to address any concerns or will inform the Parties in writing
or the reasons it is not modifying its proposed methodology. Any unresolved disputes
involving the Monitor's methodology may be submitted to the Court for resolution.
G. Monitor Recommendations and Technical Assistance
372. The Monitor may make recommendations to the Parties regarding actions necessary to
ensure timely Substantial and Effective compliance with this Agreement and its
underlying objectives. Such recommendations may include a recommendation to
change, modify, or amend a provision of this Agreement, a recommendation for
additional training in any area related to this Agreement, or a recommendation to seek
technical assistance. In add ition to such recommendations, the Monitor may also, at the
request of DOJ or the City and based on the Monitor's reviews, provide technical
assistance consistent with the Monitor's responsibilities under this Agreement.
373. In the event that Substantial and Effective Compliance with this Agreement requires
technical assistance beyond the scope of the Monitor's duties, DOJ, CDP, and/or the
Monitor will inform the Parties of the need for technical assistance and its relation to
compliance with this Agreement. The Monitor, with assistance from the City, will
arrange for the prompt initiation of the required technical assistance, to be performed
by the Monitor, its agent, independent contractor, or a separate entity. The cost for the
technical assistance will be borne by the City. If any Party disagrees with the need for
the requested technical assistance, the Party will, within IS days of being informed in
writing of the requested technical assistance, inform the Court, which will resolve the
dispute.
H. Comprehensive Reassessment
374. Two years and six months after the Effective Date, the Monitor will conduct a
comprehensive outcome assessment to determine whether and to what extent the
outcomes intended by this /\greement are being achieved, and vvhether any
modifications to this Agreement are necessary for achievement in light of changed
circumstances or unanticipated impact (or lack of impact) of the requ irement. The
Monitoring Plan will provide that this comprehensive outcome assessment wi ll
coincide with an annual outcome assessment as required in paragraph 367. This
assessment also wi II address areas of greatest achievement and the requirements that
appear to have contributed to this success, as well as areas of greatest concern,
including strategies for accelerating Substantial and Effective Compliance. Based upon
this comprehensive assessment, the Monitor will recommend any modifications to this
Agreement necessary to achieve and sustain intended outcomes. Where the Parties
agree with the Monitor's recommendations, the Parties will move the Court to modify
this Agreement accordingly. This provision in no way diminishes the Parties' abil ity to
stipulate to modifications to this Agreement as set out below. Nothing in this
Assessment will enable the Monitor to unilaterally modify the terms of this Agreement.
I. Monitor Reports
375. The Monitor will file with the Court, every six months, written, public reports that
include the following:
a. a description of the work conducted by the Monitor during the reporting
period;
b. a list of each Agreement requirement, indicating which requirements have
been:
1. incorporated into policy;
2. the subject of sufficient training for all relevant CDP officers and
employees; and
3. carried out in actual practice.
c. the methodology and specific findings for each compliance review conducted,
where appropriate, and redacted as necessary for privacy concerns. An
unredacted version will be filed under seal with the Court and provided to the
Parties. The underlying data for each compliance review will not be publicly
available but will be retained by the Monitor and provided to either or both
Parties upon request;
d. for any requirements that were reviewed or audited and found not to have
been implemented, the Monitor's recommendations regard ing necessary steps
to achieve compliance;
e. the methodology and speci fie findings for each outcome assessment
conducted; and
f. a projection of the work to be completed during the upcoming reporting
period and any anticipated challenges or concerns related to compliance with
this Agreement.
376. The Monitor will provide a copy of the six-month reports to the Parties in draft form
within 15 business clays after the end of each reporting period. The Parties will have 15
business days upon receipt of the report to informally comment on the draft report. The
Monitor will consider the Parties' responses and make appropriate changes, if any,
before issuing the report.
J. Coordination with the Police Inspector General
377. In conducting its assessments, reviews, and audits, and in developing its monitoring
plan and review methodologies, lhe Monitor may coordinate and confer with the Police
Inspector General to avoid duplication of effort and expenses.
K. Communication between Monitor, Parties, and Public
378. The Monitor will maintain regular contact with the Parties in order to ensure effective
and timely communication regarding the status of C P's compliance with this
Agreement. To facilitate this communication, the Monitor will conduct monthly
meetings, which will include participation by the Chief, counsel. for the City, CDP's
Consent Decree Implementation Unit (described below), and DOJ. The Monitor also
will meet at least twice each year with the Mayor.
379. The Monitor will hold public meetings with community stakeholders, including the
Commission and the Cleveland City Council, to explain the Monitor's reports and
inform the public about this Agreement's implementation process, as well as to hear
community perspectives of police interactions. The Monitor will notify the Pa1ties
when such meetings are scheduled.
L. Public Statements, Testimony, Records, and Conflicts of Interest
380. Except as required or authorized by the terms of this Agreement or with the Parties
acting together: the Monitor, including any agent, employee, or independent contractor
thereof, will not make any public statements or issue findings with regard to any act or
omission of the City or CDP, or their agents, representatives, or employees; or disclose
non-public information provided to the Monitor pmsuant to this Agreement. Any press
statement made by the Monitor regarding its employment or monitoring activities under
this Agreement first will be approved by DOJ and the City.
381. The Monitor, including any agent, employee, or .independent contractor thereof: may
testify as to its/their observations, findings, and recommendations before the Court with
jurisdiction over this matter. However, the Monitor, including any agent, employee, or
independent contractor thereof, will not testify in any other litigation or investigative or
pre-litigative proceeding with regard to any act or omission of the City, CDP, or any of
their agents, representatives, or employees related to this Agreement or regarding any
matter or subject of which the Monitor may have received knowledge as a result of
his/her performance under this Agreement. This paragraph does not apply to any
proceeding before a court related to performance of contracts or subcontracts for
monitoring this Agreement.
382. Unless such contlict is waived by the Parties, the Monitor will not accept employment
or provide consulting services that would present a conflict of interest with the
Monitor's responsibi lities under this Agreement, incl uding being retained (on a paid or
unpaid basis) by any current or future litigant or claimant, or such litigant's or
claimant's attorney, in connection with a claim or suit against the City or its
departments, officers, agents or employees.
383. The Monitor is not a state or local agency, or an agent thereof, and accordingly, the
records maintained by the Monitor will not be designated as public records subject to
public inspection.
384. The Monitor will not be liable for any claim, lawsuit, or demand arising out of the
Monitor's performance pursuant to this Agreement brought by non-parties to this
Agreement.
M. CDP Consent Decree Implementation Unit
385. The City and CDP agree to hire and retain, or reassign current City employees to form a
unit with the skills and abilities necessary to facilitate compliance with this Agreement.
At a minimum, this unit will coordinate the City's and CD P's compliance and
implementation activities; facilitate the provision of data, documents, materials, and
access to the City's and CDP's personnel to the Monitor and DOJ, as needed; ensure
that all data, documents and records are maintained as provided in this Agreement; and
assist in assign ing implementation and compliance related tasks to CDP personnel, as
directed by the Chief or the Chief's designee.
N. Implementation Assessment and Report
386. The City and CDP agree to collect and maintain all data and records necessary
to: (1) document compliance with this Agreement, including data and records
necessary for the Monitor to conduct rel iable outcome assessments, compliance
reviews, and audits; and (2) to allow CDP or other City entities to perform ongoing
quality assurance in each of the areas addressed by this Agreement.
387. Within 180 days of the Effective Date, the City will file with the Court, wi th a copy to
the Monitor and DOJ, a status report. This report will delineate the steps taken by CDP
during the reporting period to comply with this Agreement; CD P's assessment of the
status of its progress; plans to correct any problems; and responses to any concerns
raised in the Monitor's previous semi-annual report. Following this initial status report,
the City will file a status report every six months thereafter while this Agreement is in
effect.
O. Access and Confidentiality
388. To facilitate its work, the Monitor may conduct on-site visits and assessments without
prior notice to the City and CDP. CDP will notify the Monitor as soon as practicable,
and in any case within 12 hours, of any critical firearms discharge, in-custody death, or
arrest of any officer.
389. The Monitor will have timely, full, and direct access to all Agreement related
individuals, facilities, trainings, meetings, disciplinary hearings, reviews, and the scene
of any occurrence that the Monitor reasonably deems necessary to carry out the duties
assigned to the Monitor by this Agreement. The Monitor will cooperate with the City
and COP to access people, scenes, and facilities in a reasonable manner that, consistent
with the Monitor's responsibilities, minimizes interference with daily operations.
390. The City and CDP will ensure that the Monitor will have full and direct access to all
City and CDP documents and data related to the Agreement that the Monitor
reasonably deems necessary to carry out the duties assigned to the Monitor by this
Agreement, except any documents or data protected by work product or the
attorney-client privilege (together "privilege"). Privilege may not be used to prevent
the Monitor from observing trainings, disciplinary hearings, or reviews, other than
reviews with City lawyers in anticipation of litigation or for litigation. Should the City
and CDP decline to provide the Monitor with access to documents or data based on
privilege, the City and CDP wi ll inform the Monitor and DOJ that it is withholding
documents or data on this basis, and will provide the Monitor and DOJ with a log
describing the documents or data and the basis of the privilege . If DOJ objects to the
City's classification, DOJ may seek resolution of the propriety of the assertion of the
privilege from the Court.
391. DOJ and its consultants and agents will have fu ll and direct access to all City and CDP
staff, employees, facilities, documents, and data related to the Agreement, in
coordination with the Law Depattment of the City of Cleveland, except any documents
or data protected by work product or the attorney-client privilege (together "privilege).
DOJ and its consultants and agents will coordinate with the Law Department of the
City of Cleveland to access invo lved personnel, facilities, and documents in a
reasonable manner that, consistent with DOJ's right to seek enfo rcement of this
Agreement, minimizes interference with daily operations. Should the City or CDP
decline to provide DOJ with access to personnel, documents, or data based on privilege,
the City and CDP wi ll inform DOJ that it is withholding personnel, documents, or data
on this basis, and will provide DOJ with a log describing the documents or data and the
basis for withholding. If DOJ objects to the City's classification, DOJ may seek
resolution of the propriety of the assertion from the Court.
392. While an administrative or criminal investigation into the conduct of an officer or
officers is ongoing, neither the Monitor nor DOJ will ask the subject officer(s) or
witness officer(s) questions related to the conduct that is under investigation.
393. The Monitor and DOJ will provide the City and CDP with reasonable notice of a
request for copies of documents. Upon such request, the City and CDP wi ll provide
copies in a timely manner (electronic, where readily available) of the requested
documents to the Monitor and DOJ, unless withheld as privileged or otherwise withheld
pursuant to law as described above.
394. The Monitor wi ll have access to all records and information relating to criminal
investigations of CDP officers as permitted by law. The Monitor will have access to all
documents in criminal investigation files that have been closed by CDP after the
Effective Date.
395. The Monitor and DOJ will maintain all confidential or non-public information provided
by the City and CDP in a confidential manner. Other than as expressly provided in this
Agreement, this Agreement will not be deemed a waiver of any privilege or right the
City and CDP may assert, including those recognized at common law or created by
statute, rule, or regulation, against any other person or entity with respect to the
disclosure of any document.
P. Court Jurisdiction, Modification of this Agreement, and Enforcement
396. This Agreement will become effective upon entry by the Court.
397. The Court will retain jurisdiction of this action for all purposes until such time as the
City and CDP have achieved Substantial and Effective Compliance with this
Agreement and maintained such compliance for no less than two consecutive years. At
all times, the City and CDP will bear the burden of demonstrating by a preponderance
or the evidence its Substantial and Effective Compliance with this Agreement. DOJ
acknowledges the good faith of the City of Cleveland in trying to address actions that
are needed to promote police integrity and ensure constitutional policing. DOJ,
however, reserves its right to seek enforcement of the provisions of this Agreement if it
determines that the City and CDP have failed to substantially comply with any
provision of this Agreement. DOJ will consult with officials from the City before
instituting enforcement proceedings.
398. The City and DOJ may jointly agree to make changes, modifications, and amendments
to this Agreement, which will be effective if approved by the Court. Such changes,
modifications, and amendments to this Agreement will be encouraged when the Parties
agree, or where the Monitor's reviews, assessments, and/or audits demonstrate that an
Agreement provision as drafted is not furthering the purpose of this Agreement or that
there is a preferable alternative that will ach ieve the same purpose. Where the Parties
or the Monitor are uncertain whether a change to th is Agreement is advisable, the
Parties may agree to suspend the current Agreement requirement for a time period
agreed upon at the outset of the suspension. During this suspension, the Parties may
agree to temporarily utilize an alternative requi rement. The Monitor will assess
whether the suspension of the requirement, and the use of any alternative provision, is
as effective, or more effective al achieving the purpose as was the original/current
Agreement requirement, and the Parties wi ll consider this assessment in determining
whether to jointly stipulate to make the suggested change, modification, or amendment.
399. The Parties agree to defend the provisions of this Agreement including in collective
bargaining. The Parties will notify each other of any court, union, or administrative
challenge to this Agreement. In the event any provision of this Agreement is
challenged in any city or state court, the Parties will seek removal to Federal Court.
400. The City and CDP agree to require compliance with this Agreement by their respective
officers, employees, agencies, assigns, or successors.
Q. Termination of this Agreement
401. This Agreement will terminate when the City has been in Substantial and Effective
Compliance with the search and seizure provisions for one year and with all of the
remaining provisions for two consecutive years. "Substantial and Effective
Compliance" means that the City either has complied with all material requirements of
this Agreement, or has achieved sustained and continuing improvement in
constitutional policing, as demonstrated pursuant to this Agreement's outcome
measures.
402. If the Parties disagree whether the City has been in Substantial and Effective
Compliance with the search and seizure provisions for one year and with all of the
remaining provisions for two consecutive years, the City may seek to terminate this
Agreement. Prior to filing a motion to terminate, the City agrees to notify DOJ in
writing when the City has determined that they are in Substantial and Effective
Compliance with this Agreement and that such compliance has been maintained for the
required time periods. Thereafter, the Parties wiII promptly confer as to the status of
compliance. If, after a reasonable period of consultation and the completion of any
audit or evaluation that DOJ and/or the Monitor may wish to undertake, including on-
site observations, document review, or interviews with the City and CDP's personnel,
the Parties cannot resolve any compliance issues, the City may file a motion to
terminate this Agreement. lf the City moves for termination of this Agreement, DOJ
will have 60 days after the receipt of the City's motion to object to the motion. If DOJ
does not object, the Court may grant the City's motion without a hearing. If DOJ does
object, the Court will hold a hearing on the motion, and the burden will be on the City
to demonstrate by the preponderance of the evidence that it is in Substantial and
Effective Compliance with this Agreement and has maintained such compliance for the
required time periods.
403. This Agreement is enforceable only by the Parties. No person or entity is intended to
be a third-party beneficiary of the provisions of this Agreement for purposes of any
civil, criminal, or administrative action. Accordingly, no person or entity may assert
any claim or right as a beneficiary or protected class under this Agreement.
A. Role of the Independent Monitor
350. The Parties will jointly select an Independent Monitor ("Monitor") who will assess and
report whether the requirements of this Agreement have been implemented, and
whether this implementation is resulting in constitutional and effective policing,
professional treatment of individuals, and increased community trust of CDP. The
Monitor will work with the Parties to identify and address any barriers to compliance.
351. The Monitor will only have the duties, responsibilities, and authority conferred by this
Agreement. The Monitor will not, and is not intended to, replace or assume the role
and duties of any CDP employee, including the Chief, or any other City official.
Nothing in this Agreement alters the fact that the Mayor of Cleveland retains authority
over the CDP and the Chief of CDP maintains the authority to oversee the operations of
CDP. As an agent of the Court, the Monitor will be subject to the supervision and
orders of the Court, consistent with this Agreement and applicable law.
352. In order to assess and report on CD P's implementation of this Agreement and whether
the goals of this Agreement are being achieved, the Monitor wi ll conduct the reviews
specified in this Agreement, and will review CDP policies, procedures, practices,
training curricula, and programs developed and implemented under this Agreement.
B. Selection and Compensation of the Monitor
353. Within 90 days of the Effective Date, or additional time if agreed to by the Parties, the
City and DOJ will together select a Monitor, acceptable to both Parties, to assess and
report on CDP's implementation of this Agreement. The Parties have agreed to use an
open Request for Information process in selecting the Monitor. This process will be
implemented in a manner consistent with this Agreement, including the requirement
that the Monitor be jointly selected and acceptable to both DOJ and the City. The
Parties' Monitor selection will be subject to the approval of the Court with jurisdiction
over this Agreement. The Monitor will be comprised of individuals of the highest
ethics.
354. If the Parties are unable to agree on a Monitor or an alternative method of selection
within the timeframe agreed to by the Parties, each Party will submit the names of three
candidates, or three groups of candidates, along with resumes and cost proposals, to the
Court, and the Court will select a Monitor from among the qualified
candidates/candidate groups.
355. The Monitor will be appointed for a period of five years from the Effective Date and
will have its appointment extended automatically should the City and CDP not
demonstrate Substantial and Effective Compliance at the end of this five-year period.
The extension of the Monitor beyond seven years will be allowed only if the Court
determines that it is reasonably necessary in order to assess and faci litate Substantial
and Effective Compliance with this Agreement. The Monitor's appointment will
terminate prior to five years if the City has achieved Substantial and Effective
CompIiance for the time specified in paragraph 401.
356. The City will bear all reasonable fees and costs of the Moni tor. DOJ and the City
recognize the importance of ensuring that the fees and costs borne by the City are
reasonable, and accordingly fees and costs will be one factor to be considered in
selecting the Monitor. In the event that any dispute ari.ses regarding the reasonableness
or payment of lhe Monitor's fees and costs, the City, DOJ, and the Monitor will attempt
to resolve such dispute cooperatively prior to seeking the assistance of the Court. If the
City and DOJ agree, and the Court approves, an independent third party with no
financial interest in the case may pay some or all of the fees and costs of the Monitor.
357. The City will provide the Monitor with permanent office space and reasonable office
support such as office furniture, telephones, lntemet access, secure document storage,
and photocopying.
358. The Monitor, at any time after its initial selection, may request to be allowed to h:ire,
employ, or contract with such additional persons or entities as are reasonably necessary
to perform the tasks assigned to the Monitor by this Agreement. Any person or entity
hi red or otherwise retained by the Monitor to assist in furthering any provision of this
Agreement will be subject to the provisions of this Agreement. The Monitor will notify
the City and DOJ in writing if the Monitor wishes to select such additional persons or
entities. The notice will identify and describe the qualifications of the person or entity
to be hired or employed and the monitoring task to be performed. If the City and DOJ
agree with the Monitor's proposal, the Monitor will be authorized to hire or employ
such additional persons or entities. The City and the DOJ have ten business days to
disagree with any such proposal. If the City and DOJ are unable to reach agreement
within ten business days of receiving notice of the disagreement, the Court wi 11 resolve
the dispute.
359. Should any of the Parties to this Agreement determine that the Monitor's individual
members, agents, employees, or independent contractors have exceeded their authority,
or failed to satisfactorily perfonn the duties required by this Agreement, the Party may
petition the Court for such relief as the Court deems appropriate, including replacement
of the Monitor, and/or any individual members, agents, employees, or independent
contractors.
C. Compliance Reviews
360. The Monitor will conduct reviews or audits as necessary to determine whether the City
and CDP have complied with the requirements of this Agreement. Compliance requires
that the City and CDP: (a) have incorporated the requirement into policy; (b) have
trained all relevant personnel as necessary to fulfill their responsibil ities pursuant to the
requi rement; and (c) are carrying out the req uirement in actual practice. Compliance
reviews and audits will contain the elements necessary for reliability and
comprehensiveness. Compliance reviews and audits may be conducted using sampling
and compilation data where appropriate.
D. Biennial Community Survey
361. Within 180 days of the Effective Date, and every two years thereafter, the Monitor will
conduct a reliable, comprehensive, and representative survey of members of the
Cleveland community regarding their experiences with and perceptions of CDP and of
public safety. Analysis of the results of this survey will be included in the outcome
assessments that are described in paragraph 367 and that may be used to demonstrate
sustained compliance with this Agreement.
362. The City and DOJ will endeavor to secure private funding for the biennial community
survey.
363. To conduct the biennial community survey, the Monitor will:
a. develop a baseline of measures on public satisfaction with policing, attitudes
among police personnel, and the quality of police-citizen encounters;
b. design, conduct, and analyze basel ine and subsequent biennial surveys of a
representative sample of City residents, pol ice personnel, and detained
arrestees;
c. review and consider prior law enforcement surveys in Cleveland and other
cities, as well as current or recent concerns in Cleveland, in designing the
survey;
d. observe community meetings and engage in informal conversations with
Cleveland residents, CDP officers and command staff, and other relevant
individuals, including DOJ represent~tives during the pendency of this
Agreement;
e. ensure that the resident and arrestee surveys are designed to capture a
representative sample of Cleveland residents, including members of each
demographic category;
f. conduct the survey in English, Spanish, and other languages, as necessary, to
ensure representation of the entire Cleveland community; and
g. fo rmally discuss the survey methodology with CDP supervisors and DOJ
representatives, throughout the pcndency of this Agreement. and consider
these opinions in the development of the initial survey and in making
improvements to subsequent surveys.
364. CDP and the City agree to cooperate with the design and perfonnance of the survey.
365. The report of the baseline survey and subsequent biennial surveys will be posted to the
City's website, and publicly distributed.
366. CDP will analyze the results of the survey and will use this analysis to modify and
improve CDP policies, procedures, practices, and protocols, as needed.
E. Outcome Measurements
367. In addition to compliance reviews and audits, the Monitor will conduct qualitative and
quantitative assessments to measure whether implementing this Agreement has resulted
in constitutional policing. The measurements relating to use of force; addressing
individuals in crisis; and stop, search, and arrest are not intended to expand the City's
data collection requirements set forth elsewhere in the Agreement. These outcome
assessments will include collecting and analyzing. at least annual ly, the fol lowing
outcome data, trends, and patterns:
a. Use of force measurements, including:
1. number of use-of-force incidents as compared to number of arrests, with
use-of-force incidents broken down by force type, District, type of related
arrest (if any); actual or perceived race, ethnicity, age, and gender of the
subject; and, if indicated at the time force was used, the subject's mental
or medical condition, use of drugs or alcohol, or the presence of a
disability;
2. number of injuries to officers and public, the rate at which officer and
subject injuries decrease or increase overall and by severity of injury;
number of force complaints, disposition of complaints, source of
complaint (internal or external), force type, geographic area, and any
identified demographic category of complainant;
3. the rate at which ECW usage decreases or increases compared to the use
of force overall and by weapon;
4. number of uses of force found to violate policy, broken down by force
type, geographic area, type of arrest; actual or perceived race, ethnjcity,
age, and gender of the subject; and, if indicated at the time force was used,
the subject's mental or medical condition, use of drugs or alcohol, or the
presence of a disability;
5. number of officers who have more than one instance of use of force in
violation of policy;
6. force reviews or investigations indicating a policy, training, or tactical
deficiency; and
7. quality of use of force investigations and reviews; and number and rate of
use of force administrative investigations which are returned for lack of
completeness.
b. Addressing individuals in crisis measurements, including:
1. number of calls for service and incidents that appear to involve an
individual in crisis, broken down by whether specialized CIT offi cers
responded to the calls; and the rate of individuals in crisis directed to the
healthcare system, rather than the judicial system;
2. number of police interactions where force was used on individuals in
crisis, including the type of fo rce used; the reason for the interaction, i.e.,
suspected criminal conduct or a call for assistance; the threat to public
safety, including whether the person was armed and if so, with what; a
description of the type of resistance offered, if any; and a descri ption of
any attempts at de-escalation.
c. Stop. Search, and Arrest measurements, including:
1. total number of investigatory stops, searches and a1Tcsts overall and
broken down by District (understanding that di fferent Districts may have
inherently different demographic compositions), type of arrest, actual or
perceived age, race, gender, and ethnicity of subject, and the rate at which
the encounters resulted in a summons or arrest;
2. data related to the documented reasonable suspicion to stop and probable
cause search or arrest, broken down by the actual or perceived race,
gender, age, and ethnicity of the person(s) stopped/searched/arrested;
3. number of searches that resulted in a finding or contraband, overall and
broken down by District (understanding that different Districts may have
inherently di fferent demographic compositions), type of arrest, and the
actual or perceived age, race, gender, and ethnicity of subject.
d. Bias-Free Policing and Community Engagement measurements, including:
1. number and variety of community partnerships, including partnerships
with youth;
2. homicide clearance rate;
3. number of civilian complaints regarding pol.ice services related to
discrimination and their disposition; and
4. analysis of results of biennial community survey, when available.
e. Recruitment measurements, including:
1. number of qualified recruit applicants;
2. detailed summary of recruitment activities, including development and
leveraging of community partnerships;
3. number and race, ethnicity, gender, and any self-identified disabil ity of
applicants who failed the initial screening and the reasons for their failure;
4. number of applicants with fluency in languages other than English, and the
specific languages spoken;
5. number and race, ethnicity, gender, or self-identified disability of lateral
candidates, and a Iist of their former agencies and years of service;
6. number of applicants with at least two years of col lcgc, a college degree,
or at least two years of military service;
7. pass/fail rate in each phase of the pre-employment process by race,
ethnicity, gender, and self-identified disability of applicants;
8. the average length of time to move applicants through each phase of lhe
pre-employment process and average amount of time to process
applicants; and
9. composition of recruit classes by race, ethnicity, gender, and selfidentified
disability.
f. Training measurements, including:
1. number and percentage of officers provided training pursuant to this
Agreement, broken down by the type of training provided;
2. students' evaluations of the adequacy of training in type and frequency;
3. modifications or improvements to training resulting from the review and
analysis required by this Agreement; and
4. prevalence of training deficiencies as reflected by problematic incidents or
performance trends.
g. Officer assistance and support measurements, including:
1. availability and use of officer assistance and support services; and
2. officer reports or surveys of adequacy of officer assistance and support.
h. Supervision measurements, including supervisors' initial identification of
officer violations and performance problems, and the supervisors' responses
to those violations and problems;
i. Civilian complaints, internal investigations, and discipline, including:
1. number of complaints, and whether any increase or decrease in this
number appears related to access to the complaint process;
2. number of sustained, exonerated, unfounded, not sustained, and
administratively dismissed complaints by type of complaint;
3. number of complaint allegations supported by a preponderance of the
evidence;
4. average length of time to complete investigations by complaint type;
5. number of officers who were subjects of multiple complaints or who had
repeated instances of sustained complaints;
6. arrests of officers for on- and off-duty conduct;
7. criminal prosecutions of officers for on-or off-duty conduct; and
8. other than vehicle accidents not involving a pursuil, number and nature of
civil suits against the City or CDP officers for work related conduct. and
the amount of judgments against or settlements resulting from those civil
suits.
j. Jn conducting these outcome assessments, the Monitor may use any relevant
data collected and maintained by CDP or the City (e.g., crime trend pattern
analysis), provided that the Monitor has determined, and the Parties agree, that
this data is reasonably reliable and complete.
F. Monitoring Plan and Review Methodology
368. Within 90 days of assuming the duties as the Monitor, the Monitor wi ll review and
recommend any changes to the outcome measures detai led above that the Monitor
deems useful in assessing whether implementation of this Agreement is resulling in
constitutional po licing. Recognizing that the above outcome measures have been
negotiated and agreed to by the Parties, the Parties will move the Court to adopt any
recommendations upon which they agree.
369. Within 120 days of assuming the duties as the Monitor, the Monitor will develop a plan
for conducting the compliance reviews and outcome assessments, and will submit this
plan to the Parties for review and approval. This plan will:
a. clearly delineate the requirements of this Agreement to be assessed for
compliance, indicating which requirements will be assessed together;
b. set out a schedule for conducting outcome measure assessments for each outcome
measure at least annually, except where otherwise noted, with the first assessment
occurring within 365 days of the Effective Date; and
c. set out a schedule for conducting a compliance review or audit of each
requirement of this Agreement with in the first two years of this Agreement, and a
compliance review or audit of each requirement at least annually thereafter, unless
the Monitor no longer assesses that requirement as provided in the next
paragraph.
370. Where the Monitor recommends and the Parties agree, the Monitor may refrain from
conducting a compliance review of a requirement previously found to be in compliance
by the Monitor, or where outcome assessments indicate that the outcome intended by
the requirement has been achieved. The City and CDP will be deemed to have
achieved Substantial and Effective Compliance on those requirements and the City's
obligations under those provisions will be deemed to have been met for the purpose of
seeking termination of this Agreement, without considering the one or two year
sustained compliance requirement.
371. At least 90 days prior to the initiation or any outcome measure assessment, compliance
review. or audit, the Monitor will submit a proposed methodology for the assessment,
review, or audit to the Parties. The Parties will submit any comments or concerns
regarding the proposed methodology to the Monitor no later than 45 days prior to the
proposed date of the assessment, review, or audit. The Monitor wi ll modify the
methodology as necessary to address any concerns or will inform the Parties in writing
or the reasons it is not modifying its proposed methodology. Any unresolved disputes
involving the Monitor's methodology may be submitted to the Court for resolution.
G. Monitor Recommendations and Technical Assistance
372. The Monitor may make recommendations to the Parties regarding actions necessary to
ensure timely Substantial and Effective compliance with this Agreement and its
underlying objectives. Such recommendations may include a recommendation to
change, modify, or amend a provision of this Agreement, a recommendation for
additional training in any area related to this Agreement, or a recommendation to seek
technical assistance. In add ition to such recommendations, the Monitor may also, at the
request of DOJ or the City and based on the Monitor's reviews, provide technical
assistance consistent with the Monitor's responsibilities under this Agreement.
373. In the event that Substantial and Effective Compliance with this Agreement requires
technical assistance beyond the scope of the Monitor's duties, DOJ, CDP, and/or the
Monitor will inform the Parties of the need for technical assistance and its relation to
compliance with this Agreement. The Monitor, with assistance from the City, will
arrange for the prompt initiation of the required technical assistance, to be performed
by the Monitor, its agent, independent contractor, or a separate entity. The cost for the
technical assistance will be borne by the City. If any Party disagrees with the need for
the requested technical assistance, the Party will, within IS days of being informed in
writing of the requested technical assistance, inform the Court, which will resolve the
dispute.
H. Comprehensive Reassessment
374. Two years and six months after the Effective Date, the Monitor will conduct a
comprehensive outcome assessment to determine whether and to what extent the
outcomes intended by this /\greement are being achieved, and vvhether any
modifications to this Agreement are necessary for achievement in light of changed
circumstances or unanticipated impact (or lack of impact) of the requ irement. The
Monitoring Plan will provide that this comprehensive outcome assessment wi ll
coincide with an annual outcome assessment as required in paragraph 367. This
assessment also wi II address areas of greatest achievement and the requirements that
appear to have contributed to this success, as well as areas of greatest concern,
including strategies for accelerating Substantial and Effective Compliance. Based upon
this comprehensive assessment, the Monitor will recommend any modifications to this
Agreement necessary to achieve and sustain intended outcomes. Where the Parties
agree with the Monitor's recommendations, the Parties will move the Court to modify
this Agreement accordingly. This provision in no way diminishes the Parties' abil ity to
stipulate to modifications to this Agreement as set out below. Nothing in this
Assessment will enable the Monitor to unilaterally modify the terms of this Agreement.
I. Monitor Reports
375. The Monitor will file with the Court, every six months, written, public reports that
include the following:
a. a description of the work conducted by the Monitor during the reporting
period;
b. a list of each Agreement requirement, indicating which requirements have
been:
1. incorporated into policy;
2. the subject of sufficient training for all relevant CDP officers and
employees; and
3. carried out in actual practice.
c. the methodology and specific findings for each compliance review conducted,
where appropriate, and redacted as necessary for privacy concerns. An
unredacted version will be filed under seal with the Court and provided to the
Parties. The underlying data for each compliance review will not be publicly
available but will be retained by the Monitor and provided to either or both
Parties upon request;
d. for any requirements that were reviewed or audited and found not to have
been implemented, the Monitor's recommendations regard ing necessary steps
to achieve compliance;
e. the methodology and speci fie findings for each outcome assessment
conducted; and
f. a projection of the work to be completed during the upcoming reporting
period and any anticipated challenges or concerns related to compliance with
this Agreement.
376. The Monitor will provide a copy of the six-month reports to the Parties in draft form
within 15 business clays after the end of each reporting period. The Parties will have 15
business days upon receipt of the report to informally comment on the draft report. The
Monitor will consider the Parties' responses and make appropriate changes, if any,
before issuing the report.
J. Coordination with the Police Inspector General
377. In conducting its assessments, reviews, and audits, and in developing its monitoring
plan and review methodologies, lhe Monitor may coordinate and confer with the Police
Inspector General to avoid duplication of effort and expenses.
K. Communication between Monitor, Parties, and Public
378. The Monitor will maintain regular contact with the Parties in order to ensure effective
and timely communication regarding the status of C P's compliance with this
Agreement. To facilitate this communication, the Monitor will conduct monthly
meetings, which will include participation by the Chief, counsel. for the City, CDP's
Consent Decree Implementation Unit (described below), and DOJ. The Monitor also
will meet at least twice each year with the Mayor.
379. The Monitor will hold public meetings with community stakeholders, including the
Commission and the Cleveland City Council, to explain the Monitor's reports and
inform the public about this Agreement's implementation process, as well as to hear
community perspectives of police interactions. The Monitor will notify the Pa1ties
when such meetings are scheduled.
L. Public Statements, Testimony, Records, and Conflicts of Interest
380. Except as required or authorized by the terms of this Agreement or with the Parties
acting together: the Monitor, including any agent, employee, or independent contractor
thereof, will not make any public statements or issue findings with regard to any act or
omission of the City or CDP, or their agents, representatives, or employees; or disclose
non-public information provided to the Monitor pmsuant to this Agreement. Any press
statement made by the Monitor regarding its employment or monitoring activities under
this Agreement first will be approved by DOJ and the City.
381. The Monitor, including any agent, employee, or .independent contractor thereof: may
testify as to its/their observations, findings, and recommendations before the Court with
jurisdiction over this matter. However, the Monitor, including any agent, employee, or
independent contractor thereof, will not testify in any other litigation or investigative or
pre-litigative proceeding with regard to any act or omission of the City, CDP, or any of
their agents, representatives, or employees related to this Agreement or regarding any
matter or subject of which the Monitor may have received knowledge as a result of
his/her performance under this Agreement. This paragraph does not apply to any
proceeding before a court related to performance of contracts or subcontracts for
monitoring this Agreement.
382. Unless such contlict is waived by the Parties, the Monitor will not accept employment
or provide consulting services that would present a conflict of interest with the
Monitor's responsibi lities under this Agreement, incl uding being retained (on a paid or
unpaid basis) by any current or future litigant or claimant, or such litigant's or
claimant's attorney, in connection with a claim or suit against the City or its
departments, officers, agents or employees.
383. The Monitor is not a state or local agency, or an agent thereof, and accordingly, the
records maintained by the Monitor will not be designated as public records subject to
public inspection.
384. The Monitor will not be liable for any claim, lawsuit, or demand arising out of the
Monitor's performance pursuant to this Agreement brought by non-parties to this
Agreement.
M. CDP Consent Decree Implementation Unit
385. The City and CDP agree to hire and retain, or reassign current City employees to form a
unit with the skills and abilities necessary to facilitate compliance with this Agreement.
At a minimum, this unit will coordinate the City's and CD P's compliance and
implementation activities; facilitate the provision of data, documents, materials, and
access to the City's and CDP's personnel to the Monitor and DOJ, as needed; ensure
that all data, documents and records are maintained as provided in this Agreement; and
assist in assign ing implementation and compliance related tasks to CDP personnel, as
directed by the Chief or the Chief's designee.
N. Implementation Assessment and Report
386. The City and CDP agree to collect and maintain all data and records necessary
to: (1) document compliance with this Agreement, including data and records
necessary for the Monitor to conduct rel iable outcome assessments, compliance
reviews, and audits; and (2) to allow CDP or other City entities to perform ongoing
quality assurance in each of the areas addressed by this Agreement.
387. Within 180 days of the Effective Date, the City will file with the Court, wi th a copy to
the Monitor and DOJ, a status report. This report will delineate the steps taken by CDP
during the reporting period to comply with this Agreement; CD P's assessment of the
status of its progress; plans to correct any problems; and responses to any concerns
raised in the Monitor's previous semi-annual report. Following this initial status report,
the City will file a status report every six months thereafter while this Agreement is in
effect.
O. Access and Confidentiality
388. To facilitate its work, the Monitor may conduct on-site visits and assessments without
prior notice to the City and CDP. CDP will notify the Monitor as soon as practicable,
and in any case within 12 hours, of any critical firearms discharge, in-custody death, or
arrest of any officer.
389. The Monitor will have timely, full, and direct access to all Agreement related
individuals, facilities, trainings, meetings, disciplinary hearings, reviews, and the scene
of any occurrence that the Monitor reasonably deems necessary to carry out the duties
assigned to the Monitor by this Agreement. The Monitor will cooperate with the City
and COP to access people, scenes, and facilities in a reasonable manner that, consistent
with the Monitor's responsibilities, minimizes interference with daily operations.
390. The City and CDP will ensure that the Monitor will have full and direct access to all
City and CDP documents and data related to the Agreement that the Monitor
reasonably deems necessary to carry out the duties assigned to the Monitor by this
Agreement, except any documents or data protected by work product or the
attorney-client privilege (together "privilege"). Privilege may not be used to prevent
the Monitor from observing trainings, disciplinary hearings, or reviews, other than
reviews with City lawyers in anticipation of litigation or for litigation. Should the City
and CDP decline to provide the Monitor with access to documents or data based on
privilege, the City and CDP wi ll inform the Monitor and DOJ that it is withholding
documents or data on this basis, and will provide the Monitor and DOJ with a log
describing the documents or data and the basis of the privilege . If DOJ objects to the
City's classification, DOJ may seek resolution of the propriety of the assertion of the
privilege from the Court.
391. DOJ and its consultants and agents will have fu ll and direct access to all City and CDP
staff, employees, facilities, documents, and data related to the Agreement, in
coordination with the Law Depattment of the City of Cleveland, except any documents
or data protected by work product or the attorney-client privilege (together "privilege).
DOJ and its consultants and agents will coordinate with the Law Department of the
City of Cleveland to access invo lved personnel, facilities, and documents in a
reasonable manner that, consistent with DOJ's right to seek enfo rcement of this
Agreement, minimizes interference with daily operations. Should the City or CDP
decline to provide DOJ with access to personnel, documents, or data based on privilege,
the City and CDP wi ll inform DOJ that it is withholding personnel, documents, or data
on this basis, and will provide DOJ with a log describing the documents or data and the
basis for withholding. If DOJ objects to the City's classification, DOJ may seek
resolution of the propriety of the assertion from the Court.
392. While an administrative or criminal investigation into the conduct of an officer or
officers is ongoing, neither the Monitor nor DOJ will ask the subject officer(s) or
witness officer(s) questions related to the conduct that is under investigation.
393. The Monitor and DOJ will provide the City and CDP with reasonable notice of a
request for copies of documents. Upon such request, the City and CDP wi ll provide
copies in a timely manner (electronic, where readily available) of the requested
documents to the Monitor and DOJ, unless withheld as privileged or otherwise withheld
pursuant to law as described above.
394. The Monitor wi ll have access to all records and information relating to criminal
investigations of CDP officers as permitted by law. The Monitor will have access to all
documents in criminal investigation files that have been closed by CDP after the
Effective Date.
395. The Monitor and DOJ will maintain all confidential or non-public information provided
by the City and CDP in a confidential manner. Other than as expressly provided in this
Agreement, this Agreement will not be deemed a waiver of any privilege or right the
City and CDP may assert, including those recognized at common law or created by
statute, rule, or regulation, against any other person or entity with respect to the
disclosure of any document.
P. Court Jurisdiction, Modification of this Agreement, and Enforcement
396. This Agreement will become effective upon entry by the Court.
397. The Court will retain jurisdiction of this action for all purposes until such time as the
City and CDP have achieved Substantial and Effective Compliance with this
Agreement and maintained such compliance for no less than two consecutive years. At
all times, the City and CDP will bear the burden of demonstrating by a preponderance
or the evidence its Substantial and Effective Compliance with this Agreement. DOJ
acknowledges the good faith of the City of Cleveland in trying to address actions that
are needed to promote police integrity and ensure constitutional policing. DOJ,
however, reserves its right to seek enforcement of the provisions of this Agreement if it
determines that the City and CDP have failed to substantially comply with any
provision of this Agreement. DOJ will consult with officials from the City before
instituting enforcement proceedings.
398. The City and DOJ may jointly agree to make changes, modifications, and amendments
to this Agreement, which will be effective if approved by the Court. Such changes,
modifications, and amendments to this Agreement will be encouraged when the Parties
agree, or where the Monitor's reviews, assessments, and/or audits demonstrate that an
Agreement provision as drafted is not furthering the purpose of this Agreement or that
there is a preferable alternative that will ach ieve the same purpose. Where the Parties
or the Monitor are uncertain whether a change to th is Agreement is advisable, the
Parties may agree to suspend the current Agreement requirement for a time period
agreed upon at the outset of the suspension. During this suspension, the Parties may
agree to temporarily utilize an alternative requi rement. The Monitor will assess
whether the suspension of the requirement, and the use of any alternative provision, is
as effective, or more effective al achieving the purpose as was the original/current
Agreement requirement, and the Parties wi ll consider this assessment in determining
whether to jointly stipulate to make the suggested change, modification, or amendment.
399. The Parties agree to defend the provisions of this Agreement including in collective
bargaining. The Parties will notify each other of any court, union, or administrative
challenge to this Agreement. In the event any provision of this Agreement is
challenged in any city or state court, the Parties will seek removal to Federal Court.
400. The City and CDP agree to require compliance with this Agreement by their respective
officers, employees, agencies, assigns, or successors.
Q. Termination of this Agreement
401. This Agreement will terminate when the City has been in Substantial and Effective
Compliance with the search and seizure provisions for one year and with all of the
remaining provisions for two consecutive years. "Substantial and Effective
Compliance" means that the City either has complied with all material requirements of
this Agreement, or has achieved sustained and continuing improvement in
constitutional policing, as demonstrated pursuant to this Agreement's outcome
measures.
402. If the Parties disagree whether the City has been in Substantial and Effective
Compliance with the search and seizure provisions for one year and with all of the
remaining provisions for two consecutive years, the City may seek to terminate this
Agreement. Prior to filing a motion to terminate, the City agrees to notify DOJ in
writing when the City has determined that they are in Substantial and Effective
Compliance with this Agreement and that such compliance has been maintained for the
required time periods. Thereafter, the Parties wiII promptly confer as to the status of
compliance. If, after a reasonable period of consultation and the completion of any
audit or evaluation that DOJ and/or the Monitor may wish to undertake, including on-
site observations, document review, or interviews with the City and CDP's personnel,
the Parties cannot resolve any compliance issues, the City may file a motion to
terminate this Agreement. lf the City moves for termination of this Agreement, DOJ
will have 60 days after the receipt of the City's motion to object to the motion. If DOJ
does not object, the Court may grant the City's motion without a hearing. If DOJ does
object, the Court will hold a hearing on the motion, and the burden will be on the City
to demonstrate by the preponderance of the evidence that it is in Substantial and
Effective Compliance with this Agreement and has maintained such compliance for the
required time periods.
403. This Agreement is enforceable only by the Parties. No person or entity is intended to
be a third-party beneficiary of the provisions of this Agreement for purposes of any
civil, criminal, or administrative action. Accordingly, no person or entity may assert
any claim or right as a beneficiary or protected class under this Agreement.
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Re: DOJ Reaches Agreement to Reform Cleveland Police Brutali
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XV. DEFINITIONS AND ABBREVIATIONS
404. "Active physical resistance" means the subject's physical actions are intended to
prevent an officer from placing the subject in custody and taking control, but are not
directed at harming the officer. Examples include: breaking the officer's grip or hiding
from detection. Verbal statements alone do not constitute active resistance.
405. "Aggressive physical resistance" means the subject poses a threat of harm to the offi cer
or others, such as when a subject attempts to attack or does attack an officer; exhibits
combative behavior (e.g., lunging toward the offi cer, striking the officer with hands,
fists, kicks, or any weapon).
406. "Arrest" is the taking of one person into cusfody by another. To constitute arrest there
must be an actual restraint of the person. The restraint may be imposed by force or may
result from the submission of the person arrested to the custody of the one arresting
him. An arrest is a restraint of greater scope or duration than an investigatory stop or
detention. An arrest is lawful when supported by probable cause.
407. Bias-free policing means policing that is accomplished without the selective
enforcement or non-enfo rcement of the law, including the selection or rejection of
paiiicular policing tactics or strategics, based on the subject's membership in a
demographic category.
408. "Canine apprehens·ion" means any time a canjne is deployed and plays a clear role in
the capture of a person. The mere presence of a canine at the scene of an arrest or use of
a canine so lely to track a subject will not count as a canine apprehension.
409. "CDP'' refers to the Cleveland Division of Police and its agents, offi cers, supervisors,
and employees (both sworn and unsworn).
410. "Chief'' means the Chief of Police of the Cleveland Division of Police or his or her
properly designated Acting Chief.
411. "CIT" means crisis intervention trained.
412. "City'' means the City of Cleveland, including its agents, offi cers, and employees.
413. "Crisis Intervention Program" is a first responder model of police-based crisis
intervention that involves a dynamic collaboration of community, health care, and
advocacy partnerships committed to improving the way law enforcement and the
community respond to individuals in crisis.
414. "Community and problem-oriented policing" is a policing philosophy that promotes
and relies on collaborative partnerships between law enforcement agencies and the
individuals and organizations they serve to develop solutions to problems, increase trust
in police, and improve the effectiveness of policing efforts.
415. "Complainant" means any person who makes a complaint against CDP or an officer or
employee of CDP.
416. "Court" will refer to the United States District Judge for the Northern District of Ohio
presiding over this case.
417. "Critical firearm discharge" means a discharge of a firearm by a CDP officer, including
accidental discharges; discharges at animals, other than to euthanize an animal under
controlled circumstances; and discharges at persons where no one is struck, with the
exception of recreational activities, range, discharges into a weapons clearing trap, and
training discharges that do not result in a person being struck.
418. "Days" means calendar days unless otherwise modified.
419. "Demographic category" means race, ethnicity, national origin. age, gender, gender
expression or identity, sexual orientation, disabi lity, religion, or limited English
proficiency.
420. "Department of Justice" or "DOJ" refers jointly to the United States Department of
Justice's Civil Rights Division and the United States Attorney's Office for the Northern
District of Ohio.
421. "Developmental disability" is a condition that begins during the developmental period
and that negatively affects the trajectory of the individual's physical, intel lectual, and/or
emotional development. A developmental disabi lity is often a lifelong condition that
results in substantial functional limitations in areas such as self-care, mobility, sclfdirection
and capacity for independent living. It can also be characterized by problems
with both intellectual functioning or intel ligence, which include the ability to learn,
reason, problem solve, and other ski lls; and adaptive behavior, which includes everyday
social and life skills.
422. "Discipline" or "disciplinary action" means a personnel action for violation of an
established law, regulation, rule, administrative rule, or CDP policy, includi ng a verbal
reprimand, written reprimand, suspension, or dismissal.
423. "District" refers to one of the service areas of CDP, which together cover the entire
geographic area of the City of Cleveland. Each District is led by a District Commander.
424. "ECW" means Electronic Control Weapon, a weapon, including those manufactured by
TASER International, designed primarily to discharge electrical charges into a subject
that will cause involuntary muscle contractions and override the subject's voluntary
motor responses.
425. "ECW application" means the contact and delivery of an electrical impulse to a subject
with an Electronic Control Weapon.
426. "Effective Date" means the day this Agreement is approved and entered as an order of
the Court.
427. "Firearm" means any instrument capable of discharging a bullet or shot, including a
pistol, revolver, rifle or shotgun. Bean bag shot gtms used as such are not firearms for
the purposes of this Agreement.
428. "Implement" or "implementation" means the putting into place of a policy or
proced ure, including the appropriate training of all relevant personnel) and the
consistent and verified performance of that policy or procedure in actual practice
through the regular use of audit tools.
429. "Including" means "including, but not limited to."
430. "lnvestigatory stop" or "investigatory detention" means a temporary restraint where the
subject of the stop or detention reasonably believes that she or he is not free to leave
within the meaning of Terry v. Ohio. An investigatory stop or detention may be a
pedestrian, vehicle, or bicycle stop.
431. "Individual in crisis" means a person in a mental health crisis or who appears to be
significantly under the influence of opioids or PCP.
432. "Less lethal force" means a force application not li kely to cause death or serious
physical injury. Use of less lethal force can nonetheless result in death or serious
physical injury.
433. ''Lethal force" means any use of force likely to cause death or serious physical injury,
including the critical discharge of a firearm, or strike to the head, neck, or throat with a
hard object.
434. "Mental health crisis'' means an incident in which someone with an actual or perceived
mental illness or developmental disability is experiencing intense feelings of personal
distress (e.g., anxiety, depression, anger, fear, panic, hopelessness), obvious changes in
functioning (e.g., neglect of personal hygiene, unusual behavior) or catastrophic life
events (e.g., disruptions in personal relationships, support systems, or living
anangements; loss of autonomy or parental rights; victimization; natural disasters),
which may, but not necessarily, result in an upward trajectory of intensity culminating
in thoughts or acts that are dangerous to his- or herself and/or others.
435. "Mental Health community" includes individuals and professionals from the mental
health, alcohol and drug addition, developmentally disabled, and chi ld and adolescent
development communities.
436. "Mental Health provider" includes professionals from the mental health, alcohol and
drug addiction, developmentally disabled, and child and adolescent development
communities, who have the appropriate training and education in their respective fields
and who are currently licensed in the State of Ohio to deliver the services he or she has
undertaken to provide.
437. "Mental illness" is a medical condition that disrupts an individual's thinking,
perception, mood, or abili ty to relate to others such that daily functioning and coping
with the ordinary demands of life arc diminished. Mental illness includes, but is not
limited to, serious mental illnesses such as major depression, schizophrenia, bipolar
disorder, obsessive compulsive disorder ("OCD"), panic disorder, posttraumatic stress
disorder ("PTSD"), and borderline personality disorder. Mental illness includes
individuals with dual diagnosis of mental illness and another condition, such as drug
and/or alcohol addiction.
438. "Misconduct" means any improper conduct by an officer, including an alleged violation
of CDP policy, procedure, regulations, orders, or other standards of conduct required of
City employees including the improper use of force. Solely for purposes of this
Agreement, misconduct does not include minor infractions, such as uniform violations,
routine motor vehicle accidents, or violations unrelated to the terms of this Agreement.
439. "Mobile Computer-Aided Dispatch System" is a computerized method of dispatching
police officers on a service call. It can also be used to send messages to the dispatcher
and store and retrieve data (i.e., rad io logs, fie ld interviews, schedules, etc.).
440. "Monitor'' means a team of people who will be jointly selected to monitor and report on
the implementation of this Agreement.
441. "Neck hold" refers to one of the following types of holds: ( I) carotid restraint hold; (2)
a lateral vascular neck constraint; or (3) a hold with a knee or other object to a subj ect's
neck.
442. "Non-disciplinary corrective action" refers to action other than discipline taken to
enable or encourage an officer to improve his or her performance.
443. "OC Spray application" means the deployment of Oleoresin Capsicum Spray on a
known subj ect. It does not include the deployment of OC Spray to clear a room when
there are no visible subjects.
444. "Office of Professional Standards" or "OPS'' means the City agency responsible for the
intake and investigation of civilian complaints of police misconduct.
445. "OIP" means the Officer Intervention Program.
446. "Passive resistance" means non-compliance with officer commands that is non-violent
and does not pose an immediate threat to the officer or the public. Bracing, tensing,
linking arms. or verba lly signaling an intention to avoid or prevent being taken into
custody constitute passive resistance.
447. "Personnel" means all CDP employees.
448. "Police officer" or "officer" means any sworn law enforcement agent employed by or
volunteering for CDP, including supervisors and reserve officers.
449. "Policies and procedures" means written regulations or directives, regardless of the
name of the regulation or directive, describing the duties, functions, and obligations of
CDP personnel, and providing specific direction on how to fulfill those duties,
functions, or obligations. These include general orders, special orders, policies,
procedures, and standard operating procedures.
450. " Procedural justice" refers to a concept involving four central principles designed to
build public confidence in the police: 1) treating people with dignity and respect; 2)
giving individuals a chance to be heard during encounters; 3) making decisions fairly
and transparently, based on facts; and 4) conveying goodwill and trustworthiness.
451. "Reasonable force" means force that complies with the Fourth Amendment's
requirement of objective reasonableness under Graham v. Connor.
452. "Records Management System" means an agency-wide system that provides for the
storage, retrieval, retention, manipulation, archiving, and viewing of information,
records documents, or files pertaining to law enforcement operations.
453. "Seizure" occurs when an officer's words or actions convey to a reasonable person that
he or she is not free to leave.
454. "Serious physical injury" means injury that creates a probabil ity of death, or which
causes significant serious permanent or protracted disfigurement, or which causes a
significant petmanent or protracted loss or impairment of the function of any body part
or organ.
455. "Specialized unit" means a designated law enforcement component with specialized
training, skills, and mission.
456. "Substantial and Effective Compliance" means that the City either has complied with
all material requirements of this Agreement, or has achieved sustained and continuing
improvement in constitutional policing, as demonstrated pursuant to this Agreement's
outcome measures.
457. "Supervisor" means sworn CDP personnel at the rank of sergeant or above (or anyone
acting in those capacities) and non-sworn CDP personnel with oversight responsibility
for other personnel.
458. "Unity of Command" means that all officers arc assigned to a consistent, clearly
identified first-line supervisor and that first-line supervisors are assigned to work the
same days and hours as the officers they are assigned to supervise.
459. "Use of force'' means any physical coercion used by an officer in performance of
official duties that is a Level I, 2, or 3 use of force.
460. "Use of force involving potential criminal conduct" means force that a reasonable and
trained supervisor would conclude could result in criminal charges due to the apparent
circumstances of the use of force.
461. "Use of Force Report" means a written report documenting all force at Level I or
above.
462. "Will" or "Shall" or "agrees to" means that the provision imposes a mandatory duty.
Respectfully submitted this 26th day of May, 2015.
For Plaintiff UNITED STATES OF AMERJCA:
STEVEN M. DETTELBACH
United States Attorney
Northern District of Ohio
CAROLE S. RENDON
First Assistant U.S. Attorney
Northern District of Ohio
MICHELLE HEYER
HEATHER TONSiNG VOLOSIN
Assistant U.S. Attorneys
Northern District of Ohio
United States Court I louse
80 l West Superior Avenue
Cleveland, Ohio 44113-1852
Tel. (216) 622-3600
Email: Carole.Rendon@usdoj.gov
Email: Michelle.Heyer@usdoj.gov
Email: Heather.Tonsing.Volosin@usdoj.gov
VANITA GUPTA
Principal Deputy Assistant Attorney General
Civil Rights Division
MARK KAPPELHOFF
Deputy Assistant Attorney General
Civil Rights Division
JUDY C. PRESTON
Acting Chief
Special Litigation Section
EMILY A. GUNSTON
Special Counsel
RASHIDA OGLETREE
T. JACK MORSE
Trial Attorneys
United States Department of Justice
Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
Tel. (202) 514-6255; Fax. (202) 514-4883
Email: Emily.Gunston@usdoj.gov
Email: Rashida.Oglctree@usdoj.gov
Email: Jack.Morse@usdoj .gov
For Defendant CITY OF CLEVELAND:
FRANK G. JACKSON
Mayor
BARBARA A. LANGHENRY
Director of Law
GARY S. SINGLETARY
Chief Counsel
JOSEPH F. SCOTT
Chief Assistant Director of Law
601 Lakes ide A venue, Room 106
Cleveland. Ohio 44114
404. "Active physical resistance" means the subject's physical actions are intended to
prevent an officer from placing the subject in custody and taking control, but are not
directed at harming the officer. Examples include: breaking the officer's grip or hiding
from detection. Verbal statements alone do not constitute active resistance.
405. "Aggressive physical resistance" means the subject poses a threat of harm to the offi cer
or others, such as when a subject attempts to attack or does attack an officer; exhibits
combative behavior (e.g., lunging toward the offi cer, striking the officer with hands,
fists, kicks, or any weapon).
406. "Arrest" is the taking of one person into cusfody by another. To constitute arrest there
must be an actual restraint of the person. The restraint may be imposed by force or may
result from the submission of the person arrested to the custody of the one arresting
him. An arrest is a restraint of greater scope or duration than an investigatory stop or
detention. An arrest is lawful when supported by probable cause.
407. Bias-free policing means policing that is accomplished without the selective
enforcement or non-enfo rcement of the law, including the selection or rejection of
paiiicular policing tactics or strategics, based on the subject's membership in a
demographic category.
408. "Canine apprehens·ion" means any time a canjne is deployed and plays a clear role in
the capture of a person. The mere presence of a canine at the scene of an arrest or use of
a canine so lely to track a subject will not count as a canine apprehension.
409. "CDP'' refers to the Cleveland Division of Police and its agents, offi cers, supervisors,
and employees (both sworn and unsworn).
410. "Chief'' means the Chief of Police of the Cleveland Division of Police or his or her
properly designated Acting Chief.
411. "CIT" means crisis intervention trained.
412. "City'' means the City of Cleveland, including its agents, offi cers, and employees.
413. "Crisis Intervention Program" is a first responder model of police-based crisis
intervention that involves a dynamic collaboration of community, health care, and
advocacy partnerships committed to improving the way law enforcement and the
community respond to individuals in crisis.
414. "Community and problem-oriented policing" is a policing philosophy that promotes
and relies on collaborative partnerships between law enforcement agencies and the
individuals and organizations they serve to develop solutions to problems, increase trust
in police, and improve the effectiveness of policing efforts.
415. "Complainant" means any person who makes a complaint against CDP or an officer or
employee of CDP.
416. "Court" will refer to the United States District Judge for the Northern District of Ohio
presiding over this case.
417. "Critical firearm discharge" means a discharge of a firearm by a CDP officer, including
accidental discharges; discharges at animals, other than to euthanize an animal under
controlled circumstances; and discharges at persons where no one is struck, with the
exception of recreational activities, range, discharges into a weapons clearing trap, and
training discharges that do not result in a person being struck.
418. "Days" means calendar days unless otherwise modified.
419. "Demographic category" means race, ethnicity, national origin. age, gender, gender
expression or identity, sexual orientation, disabi lity, religion, or limited English
proficiency.
420. "Department of Justice" or "DOJ" refers jointly to the United States Department of
Justice's Civil Rights Division and the United States Attorney's Office for the Northern
District of Ohio.
421. "Developmental disability" is a condition that begins during the developmental period
and that negatively affects the trajectory of the individual's physical, intel lectual, and/or
emotional development. A developmental disabi lity is often a lifelong condition that
results in substantial functional limitations in areas such as self-care, mobility, sclfdirection
and capacity for independent living. It can also be characterized by problems
with both intellectual functioning or intel ligence, which include the ability to learn,
reason, problem solve, and other ski lls; and adaptive behavior, which includes everyday
social and life skills.
422. "Discipline" or "disciplinary action" means a personnel action for violation of an
established law, regulation, rule, administrative rule, or CDP policy, includi ng a verbal
reprimand, written reprimand, suspension, or dismissal.
423. "District" refers to one of the service areas of CDP, which together cover the entire
geographic area of the City of Cleveland. Each District is led by a District Commander.
424. "ECW" means Electronic Control Weapon, a weapon, including those manufactured by
TASER International, designed primarily to discharge electrical charges into a subject
that will cause involuntary muscle contractions and override the subject's voluntary
motor responses.
425. "ECW application" means the contact and delivery of an electrical impulse to a subject
with an Electronic Control Weapon.
426. "Effective Date" means the day this Agreement is approved and entered as an order of
the Court.
427. "Firearm" means any instrument capable of discharging a bullet or shot, including a
pistol, revolver, rifle or shotgun. Bean bag shot gtms used as such are not firearms for
the purposes of this Agreement.
428. "Implement" or "implementation" means the putting into place of a policy or
proced ure, including the appropriate training of all relevant personnel) and the
consistent and verified performance of that policy or procedure in actual practice
through the regular use of audit tools.
429. "Including" means "including, but not limited to."
430. "lnvestigatory stop" or "investigatory detention" means a temporary restraint where the
subject of the stop or detention reasonably believes that she or he is not free to leave
within the meaning of Terry v. Ohio. An investigatory stop or detention may be a
pedestrian, vehicle, or bicycle stop.
431. "Individual in crisis" means a person in a mental health crisis or who appears to be
significantly under the influence of opioids or PCP.
432. "Less lethal force" means a force application not li kely to cause death or serious
physical injury. Use of less lethal force can nonetheless result in death or serious
physical injury.
433. ''Lethal force" means any use of force likely to cause death or serious physical injury,
including the critical discharge of a firearm, or strike to the head, neck, or throat with a
hard object.
434. "Mental health crisis'' means an incident in which someone with an actual or perceived
mental illness or developmental disability is experiencing intense feelings of personal
distress (e.g., anxiety, depression, anger, fear, panic, hopelessness), obvious changes in
functioning (e.g., neglect of personal hygiene, unusual behavior) or catastrophic life
events (e.g., disruptions in personal relationships, support systems, or living
anangements; loss of autonomy or parental rights; victimization; natural disasters),
which may, but not necessarily, result in an upward trajectory of intensity culminating
in thoughts or acts that are dangerous to his- or herself and/or others.
435. "Mental Health community" includes individuals and professionals from the mental
health, alcohol and drug addition, developmentally disabled, and chi ld and adolescent
development communities.
436. "Mental Health provider" includes professionals from the mental health, alcohol and
drug addiction, developmentally disabled, and child and adolescent development
communities, who have the appropriate training and education in their respective fields
and who are currently licensed in the State of Ohio to deliver the services he or she has
undertaken to provide.
437. "Mental illness" is a medical condition that disrupts an individual's thinking,
perception, mood, or abili ty to relate to others such that daily functioning and coping
with the ordinary demands of life arc diminished. Mental illness includes, but is not
limited to, serious mental illnesses such as major depression, schizophrenia, bipolar
disorder, obsessive compulsive disorder ("OCD"), panic disorder, posttraumatic stress
disorder ("PTSD"), and borderline personality disorder. Mental illness includes
individuals with dual diagnosis of mental illness and another condition, such as drug
and/or alcohol addiction.
438. "Misconduct" means any improper conduct by an officer, including an alleged violation
of CDP policy, procedure, regulations, orders, or other standards of conduct required of
City employees including the improper use of force. Solely for purposes of this
Agreement, misconduct does not include minor infractions, such as uniform violations,
routine motor vehicle accidents, or violations unrelated to the terms of this Agreement.
439. "Mobile Computer-Aided Dispatch System" is a computerized method of dispatching
police officers on a service call. It can also be used to send messages to the dispatcher
and store and retrieve data (i.e., rad io logs, fie ld interviews, schedules, etc.).
440. "Monitor'' means a team of people who will be jointly selected to monitor and report on
the implementation of this Agreement.
441. "Neck hold" refers to one of the following types of holds: ( I) carotid restraint hold; (2)
a lateral vascular neck constraint; or (3) a hold with a knee or other object to a subj ect's
neck.
442. "Non-disciplinary corrective action" refers to action other than discipline taken to
enable or encourage an officer to improve his or her performance.
443. "OC Spray application" means the deployment of Oleoresin Capsicum Spray on a
known subj ect. It does not include the deployment of OC Spray to clear a room when
there are no visible subjects.
444. "Office of Professional Standards" or "OPS'' means the City agency responsible for the
intake and investigation of civilian complaints of police misconduct.
445. "OIP" means the Officer Intervention Program.
446. "Passive resistance" means non-compliance with officer commands that is non-violent
and does not pose an immediate threat to the officer or the public. Bracing, tensing,
linking arms. or verba lly signaling an intention to avoid or prevent being taken into
custody constitute passive resistance.
447. "Personnel" means all CDP employees.
448. "Police officer" or "officer" means any sworn law enforcement agent employed by or
volunteering for CDP, including supervisors and reserve officers.
449. "Policies and procedures" means written regulations or directives, regardless of the
name of the regulation or directive, describing the duties, functions, and obligations of
CDP personnel, and providing specific direction on how to fulfill those duties,
functions, or obligations. These include general orders, special orders, policies,
procedures, and standard operating procedures.
450. " Procedural justice" refers to a concept involving four central principles designed to
build public confidence in the police: 1) treating people with dignity and respect; 2)
giving individuals a chance to be heard during encounters; 3) making decisions fairly
and transparently, based on facts; and 4) conveying goodwill and trustworthiness.
451. "Reasonable force" means force that complies with the Fourth Amendment's
requirement of objective reasonableness under Graham v. Connor.
452. "Records Management System" means an agency-wide system that provides for the
storage, retrieval, retention, manipulation, archiving, and viewing of information,
records documents, or files pertaining to law enforcement operations.
453. "Seizure" occurs when an officer's words or actions convey to a reasonable person that
he or she is not free to leave.
454. "Serious physical injury" means injury that creates a probabil ity of death, or which
causes significant serious permanent or protracted disfigurement, or which causes a
significant petmanent or protracted loss or impairment of the function of any body part
or organ.
455. "Specialized unit" means a designated law enforcement component with specialized
training, skills, and mission.
456. "Substantial and Effective Compliance" means that the City either has complied with
all material requirements of this Agreement, or has achieved sustained and continuing
improvement in constitutional policing, as demonstrated pursuant to this Agreement's
outcome measures.
457. "Supervisor" means sworn CDP personnel at the rank of sergeant or above (or anyone
acting in those capacities) and non-sworn CDP personnel with oversight responsibility
for other personnel.
458. "Unity of Command" means that all officers arc assigned to a consistent, clearly
identified first-line supervisor and that first-line supervisors are assigned to work the
same days and hours as the officers they are assigned to supervise.
459. "Use of force'' means any physical coercion used by an officer in performance of
official duties that is a Level I, 2, or 3 use of force.
460. "Use of force involving potential criminal conduct" means force that a reasonable and
trained supervisor would conclude could result in criminal charges due to the apparent
circumstances of the use of force.
461. "Use of Force Report" means a written report documenting all force at Level I or
above.
462. "Will" or "Shall" or "agrees to" means that the provision imposes a mandatory duty.
Respectfully submitted this 26th day of May, 2015.
For Plaintiff UNITED STATES OF AMERJCA:
STEVEN M. DETTELBACH
United States Attorney
Northern District of Ohio
CAROLE S. RENDON
First Assistant U.S. Attorney
Northern District of Ohio
MICHELLE HEYER
HEATHER TONSiNG VOLOSIN
Assistant U.S. Attorneys
Northern District of Ohio
United States Court I louse
80 l West Superior Avenue
Cleveland, Ohio 44113-1852
Tel. (216) 622-3600
Email: Carole.Rendon@usdoj.gov
Email: Michelle.Heyer@usdoj.gov
Email: Heather.Tonsing.Volosin@usdoj.gov
VANITA GUPTA
Principal Deputy Assistant Attorney General
Civil Rights Division
MARK KAPPELHOFF
Deputy Assistant Attorney General
Civil Rights Division
JUDY C. PRESTON
Acting Chief
Special Litigation Section
EMILY A. GUNSTON
Special Counsel
RASHIDA OGLETREE
T. JACK MORSE
Trial Attorneys
United States Department of Justice
Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
Tel. (202) 514-6255; Fax. (202) 514-4883
Email: Emily.Gunston@usdoj.gov
Email: Rashida.Oglctree@usdoj.gov
Email: Jack.Morse@usdoj .gov
For Defendant CITY OF CLEVELAND:
FRANK G. JACKSON
Mayor
BARBARA A. LANGHENRY
Director of Law
GARY S. SINGLETARY
Chief Counsel
JOSEPH F. SCOTT
Chief Assistant Director of Law
601 Lakes ide A venue, Room 106
Cleveland. Ohio 44114
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