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.