UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

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CASE NO.:
JUDGE:

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v.

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CITY OF CLEVELAND,
Defendant.

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SETTLEMENT AGREEMENT

TA BLE OF CONTENTS

I.

INTRODUCTION .............................................................................................................. I

II.

BACKGROUND ................................ ................................................................................ I

lll.

COMMUNITY ENGAGEMENT AND BUILDING TRUST ........................................... 4
A. Co1nmunity Police Con1mission ................................................................................... 4
B. District Policing Committees ........ ................................................................................ 7

JV.

COMMUNITY AND PROBLEM-ORIENTED POLICING ............................... .............. 8

Y.

BIAS-FREE POLICING ............................................................................................ ....... I 0

VI.

USE OF FORCE ............................................................................................................... 12

A. Use of Force Principles .............................................................................. ................. 12
B. Use of Force Policies .................. ................................. .............. ................................. 14
I. Firearn1s ......... ......................................................... ... ................ ....... .................... 15

2. Electronic Control Weapons ........................................... ...... ~.. ............................. 16

3. Oleoresin Capsicum Spray ("OC Spray") ............................................................. l 8
C. Use of Force Training ............................................................ ........ ............................. 19

D. Use of Force Reporting Policy and Use of Force Reports .......................................... 20
E. Use of Force Investigations ........................................................................................ 22
l. Investigations of Level 1 Uses of Force .............. ................................................. 22

2. Investigations of Level 2 Uses of Force .............. ................................................. 23
3. Force Investigation Team and Investigations of Level 3 Uses of Force ............... 27

F. Force Review Board .................. ............................................................ ........ ............. 31

vrr.

CRISIS INTERVENTJON ................................................................................................ 34
A. Mental Health Response Advisory Committee........................................................... 34
B. Crisis Intervention Coordinator ......................................................................... ......... 35

C. Crisis Intervention Training .................. ...................................................................... 35

D. Specialized Crisis Intervention Trained Officers ........................ ......................... ....... 36
E. Crisis Intervention Policies and Procedures .................... ............................... ............ 38
VIII.

SEARCHES AND SEIZURES ...................................................................................... ... 39

IX.

ACCOUNTABILITY ................................................. ...................................................... 43
A. Internally Discovered Misconduct ................ .............................................................. 43

B. Reporting Misconduct and Preventing Retaliation ..................................................... 46
C. Investigation of Civilian Complaints .................................................................... .. .... 47
1. The Office of Professional Standards ......... ... ....................................................... 4 7

2. Filing and Tracking of Civilian Complaints .. .. ...... .................... .... ... .................... 49

3. Classification of Civi lian Complaints ..................... .............................................. 51
4. Investigation of Civilian Complaints .............. ...................................................... 52
5. Communication with the Complainant ................................................................. 54
D. Police Review Board .................................................................... .. ....................... ...... 54

E. Disciplinary Hearings ............................ ..................................................................... 56
F. Discipline ............. .. ........................................................... .................................... ...... 57
X.

TRANSPARENCY AND OVERS IGHT .................................................. ,...................... 58
A. Police Inspector General ............................................ ................................................. 58
B. Data Collection and Analysis ...................................................................................... 59

XL

OFFICER ASSISTANCE AND SUP.PORT ................... .................................................. 63
A. Training .............................................................................................. ......................... 63
I.

l~rai ning

Plan ..... .................................................................................................... 63

2. Field Training Program ......................................................................................... 66
3. Documentation of "fraining ................................................................................... 67
B. Equ ipment and Resources .................. ................................................ ......................... 67

II

C. Recruitment and Hiring ............................................................................................... 70
0. Performance Evaluations and Promotions .................................................................. 71

I. Performance Evaluations ...................................................................................... 72
2. Promotions ............................................................................................................ 73
E. Staffing ........................................................................................................................ 73
Xll .

SUPERVISION ................................................................................................................. 74
A. Duties, and Training of First Line Supervisors ........................................................... 74
B. Officer Intervention Program ...................................................................... ................ 75
C. Body Worn Cameras .......... ......... ............................................. ........ .................... ....... 78

XIJI.

POLICIES .............................................................................. ........................................... 78

XIV.

IMPLEME TATTON, ASSESSMENT, OUTCOMES, AND ENFORCEMENT .......... 80
A. Role of the Independent Monitor .......................................................................... ...... 80

B. Selection and Compensation of the Monitor .............................................................. 81
C. Compliance Reviews ..................................................................... ............................. 82
D. Biennial Community Survey ................................................. ...................................... 83
E. Outcome Measurements.............................................................................................. 84
F. Monitoring Plan and Review Methodology ................................................................ 88
G. Monitor Recommendations and Technical Assistance ............................................... 89
H. Con1prehensive Reassessment .................................. .................................................. 90
l.

Monitor Reports ......... ....................................... ... ...... ............................... .................. 90

.J. Coordination with the Police Inspector General ......................................................... 91

K. Communication between Monitor, Parties, and Pub Iic .............................................. 9 1
L. Public Statements, Testimony, Records, and Conflicts of Interest.. ........................... 92
M. CDP Consent Decree Implementation Unit ................................................................ 93
N. Implementation Assessment and Report ..... ................................................................ 93

111

0. Access and Confidentiality ........ ................................................................................. 94
P. Court Jurisdiction, Modification of this Agreement, and Enforcement. ..................... 95

Q. Termination of this Agreement ................................................... ........ ....................... . 96
XV.

DEFTNJTJONS AND ABBREVIATIONS ....................................................................... 97

lV

I.

INTRODUCTION
The United States of America and the City of Cleveland (collectively " Parties'') are

committed to ensuring that police services in Cleveland are delivered in a manner that is
constitutional, effective, and consistent with community values, while preserving officer and
public safety. To further these goals, the Cleveland Division of Police ("CDP") and the
Cleveland community must have a strong relationship that is built on mutual trust and respect.
The provisions of this Agreement are designed to bolster this relationship and ensure that it
endures. The Constitution requires the City to prevent excessive force, to ensure that searches
and seizures arc reasonable, and to ensure that police services are deli vered free fro m bias.
These precepts also are fund amental to a strong community-police relationship. To further these
goals, the City has agreed to provide clear guidance to offi cers; increase accountability; provide
for civilian participation in and oversight of the police; provide officers with needed support,

training, and equipment; and increase transparency. The Parties acknowledge that nothing in this
Agreement alters the fact that the City of Cleveland is a governmental entity organized under the
laws of Ohio and governed in accordance with its Municipal Charter (''Charter"). This
Agreement does not alter the Cleveland Charter provisions regarding contro l and supervision or
the police force. The Mayor of Cleveland and Director of Public Safety retain their authority
over CDP and the Chief of CDP retains authority to oversee the operations of CDP.
For these reasons, and noting the general principle that settlements are to be encouraged,
particularly settlements between government entities, the Parties agree to implement this
Agreement under the following terms and conditions.

II.

BACKGROUND
1.

On March 14, 20 13, at the request of the Mayor of Cleveland and others, the United
States Department of Justice ("DOJ") announced the beginning ol'its investigation into
CDP's policies and practices to determine whether CDP engages in a pattern or practice
of the use of excessive force in violation of the Fom1h Amendment of the United States
Constitution and the Violent Cri me Control and Law Enforcement Act of 1994, 42
U.S.C. ~ 14141 ("Section14141").

2.

As part of its investigation, DO.I, in consultation with expc11s in police practices,

conducted a comprehensive assessment of officers' use of fo rce and CDP's policies,
procedures, training, systems of accountability, and community engagement. The
investigation included multi-day onsite tours of CDP's facilities, District command
stations, and ride-alongs with officers in every police District; interviews with
Cleveland officials, CDP's command staff, members of CD P's specialized units,
supervisors, and police officers; an extensive review of documents; and numerous
meetings with residents, community groups, members of religious communities, the
Office of Professional Standards, the Civilian Police Review Board, and other
stakeholders.
3.

The City and CDP cooperated during the investigation and provided access to
documen~s,

faciliti es, and personnel. Many members of Cleveland 's diverse

communities, including community advocates, religious leaders, and members of
CDP's patrol offi cer and management unions, took an acti ve interest in the
investigati on and played a critical role in providing information and faci litating a
thorough investigation.
4.

On December 4, 2014, the Department of Justice publicly announced that it had
reasonable cause to believe that CDP engages in a pattern or practice of using excessive
force. DOJ announced that it had reasonable cause to believe that, although most force
used by CDP officers was reasonable, a signifi cant amount of deadly and less lethal
force was excessive and constituted an ongoing risk to the public and to CDP officers.
DO.I also determined that systemic deficiencies contribute to the pattern or practice of
excessive force. These defi ciencies relate to operational and structural areas of CDP,
including its accountability systems, resource deployment, community policing efforts,
policies, and officer support, training, equipment, and supervision. Although DOJ did
not specifically investigate CDP's search, seizure, and a!1'est practices, DOJ's force
review revealed Fourth Amendment concerns in those areas as well.

5.

The City agrees that DOJ"s findings raise issues of importance to the City and the
community that should be addressed. To that end, and simultaneous with the release of
DOJ' s findings, the Parties issued a Joint Statement of Principles agreeing to begin
negotiations with the intention of reaching a court-enforceable settlement agreement, to
include the appointment of an outside independent monitor to ensure compliance with

2

the terms of this Agreement. In agreeing to address these important issues, the City is
not agreeing with the findings.
6.

Constitutional policing and effective policing are interdependent, and rely on a strong
partnership between the police department and the communities that it serves. To
ensure that the reforms embodied in this Agreement are responsive to community and
offi cer concerns, the Parties consulted extcns.ively with community leaders, police
officers, advocates, residents, and other concerned individuals who offered meaningful
recommendations and insights on reform. This Agreement rc llects the broad input
received by the Parties from the diverse communities that make up the City of
Cleveland. The Parties are committed to ongoing engagement with community
stakeholders to foster continued participation and long-term sustainabi lity of the
reforms created by thi s Agreement.

7.

This Agreement was reached as a result of the authority granted to the Department of
Justice under Section 1414 1 to seek declaratory or equitable relief to remedy a pattern
or practice of conduct by law enforcement officers that deprives individuals of rights,
privileges, or immunities secured by the Constitution or federal law.

8.

This Agreement is not intended to limit the lawful authority of the Mayor of Cleveland
over the CDP or the lawful authority of the Chief of Police to oversee the operations of
CDP.

9.

The Parties acknowledge the appropriation authori ty of Cleveland City Council under
the Ohio Revised Code and the Cleveland Charter and Codified Ordinances. This
Agreement is not intended to override the lawful authority of the Cleveland City
Council to appropriate funds.

10.

This Agreement is not intended to I imit the lawful authority of CDP officers to use
objectively reasonable force or otherwise fulfill their law enforcement obligations
under the Constitution and laws of the United States and the State of Ohio.

11.

This Agreement will not be construed as an admission or evidence of liability under
any federal, State, or municipal law including 42 U.S.C. § 1983. Nor is the City's
entry into this Agreement an admission by the City, CDP, or its officers and employees
that they have engaged in any unconstitutional, illegal, or otherwise improper activities
or conduct. The Parties acknowled ge the many CDP officers who have continued to

3

work diligently and with integrity despite challenging circumstances.
12.

This Agreement will constitute the entire integrated agreement of the Parties. No prior
drafts or prior or contemporaneous communications, oral or written, will be relevant or
admissible for purposes of determining the meaning of any provisions herein in any
litigation or any other proceeding, except the Department of Justice' s December 4,
20 14 Findings Letter.

13.

This Agreement is binding upon all Parties hereto, by and through their officials,
agents, employees, and successors. If the City establishes or reorganizes a government
agency or entity whose function includes overseeing, regulating, accrediting,
investigating, or otherwise reviewing the operations of CDP or any aspect thereof, the
City agrees to ensure that these functions and entities are consistent with the terms of
this Agreement and wi 11 incorporate the terms of this Agreement into the oversight,
regulatory, accreditation, investigation, or review functions of the government agency
or entity as necessary to ensure consistency.

Ill.
14.

COMMUNITY ENGAGEMENT AND BUILDING TRUST
This Agreement recognizes the impo1ta:nce of community input into the way police
services are delivered. Ongoing community input into the development of reforms, the
establishment of police priorities, and mechanisms to promote community confidence
in CDP will strengthen CDP and the police-community relationship that is necessary to
promote public safety. To promote public trust and confidence in CDP, constitutional
and effective policing, officer and public safety, and the sustainability of reforms, CDP
will create, in accordance with this Agreement, formal and informal mechanisms that
facilitate ongoing communication between CDP and the many Cleveland communities
it serves.
A.

15.

Community Police Commission

To leverage the experience and expertise of the people of Cleveland, and to ensure that
CDP recognizes and operates in a manner consistent with cooperative community
understanding and engagement, the City wi ll establish, within 90 days of the Effective
Date, a Community Police Commission (''Commission") consisting of 13 members
who represent the many and diverse communities in Cleveland. The Commission will
4

have the following mandate:
a. to make recommendations to the Chief of Police and the City, including the
Mayor and the City Council, on pol icies and practices related to community
and problem-oriented policing, bias-free policing, and police transparency;
b. to work with the many communities that make up Cleveland for the purpose
of developing recommendations for police practices that reflect an
understanding of the values and priorities of Cleveland residents; and
c. to report to the City and community as a whole and to provide transparency on
police department reforms.
16.

To ensure diverse representation, within 30 days of the Effective Date, the City wi ll
establish a selection panel made up of representatives from each or the fo llowing:
(a) faith based organizations; (b) civil rights advocates; (c) the busi ness/ph ilanthropic
community; (d) organ izations representing communities of color; (e) advocacy
organi1..ations; (f) youth or student organizations; (g) academia; and (h) individuals with
expertise in the challenges faci ng people with mental illness or the homeless. The
members of this panel will be selected by the Mayor in consultation with DOJ. and with
participation by members of Cleveland City Council as determined by the Council
President. Within 30 days of their appointment, the selection panel will accept
applications for membership on the Commission from individuals who reside or work
in the City of Cleveland. Within 30 days thereafter, in an open public forum, the
selection panel will recommend I 0 persons to be appointed as members of the
Commission for a term of no more than 4 years, ensuring at least I representative from
each of the categories identified above. The persons recommended by the selection
panel shall be appointed as provided in the Charter. Current members of the se lection
panel cannot apply to become members of the Cor;nmission. In add ition, the Cleveland
Patrolmen's Association, the Fraternal Order of Police, and the Black Shield will each
identify one member to be appoi nted as provided in the Charter to serve on the
Commi ssion. Vacancies within the original four year term will be filled in the same
fashion as the original appointments. At the end of four years, a selection panel will be
reconstituted and members of the Commission wi II be selected as described above.
One member of the Commission will be selected by the Commission to attend meetings

5

of, and receive relevant information and reports from the Community Relations Board
of the City of Cleveland, and one member of the Community Relations Board will be
selected by the Community Relations Board to attend meetings of, and receive relevant
information and reports from the Commission. The Commission will meet periodically
with the Chief of Police and provide recommendations and reports to hi m or her, but
remain independent from , the Chief of Police, the Mayor, and the City Council.
17.

The Commi ssion will:
a. within 90 days of appointment, hold public meetings across the City, complete
an assessment of CDP's bias-free policing policies, practices, and training,
and make recommendations;
b. on an ongoing basis, including through its membership on the Training
Review Committee, assist as appropriate in CDP"s development of training
related to bias-free policing and cultural competency;
c. on an ongoing basis, assess CDP's community activities, and make
recommendations for additional strategies for CDP to consider to increase
community engagement with and community confidence in CDP;
d. on an ongoing basis, review CDP's civilian oversight structure to determ ine if
there are changes it recommends for improving CDP's accountability and
transparency; and
e. perform other function as set out in this Agreement.

18.

In addition to the above, the Commission has the authority to:
a. review and comment on CDP's policies and practices related to use of force,
search and seizure, and data collection and retention;
b. review and comment on CD P's implementation of initiatives, programs, and
activities that are intended to support reform; and
c. hold public meetings to discuss the Monitor's reports and to receive
community feedback concerning CDP's compliance with this Agreement.

19.

The City will provide access to all information requested by the Commission related to
its mandate, authority, and duties un less it is law enfo rcement sensiti ve, legally
restricted, or would disclose a personnel action.

20.

At least annually, the Commission will issue repo11s, including any recommendations

6

for improvement, related to each activity that it undertakes. The City will post the
Commission's reports and recommendations to the City's websi te.
21.

The City will consider and timely respond in writing to the Commission's
recommendations for improvements. Those responses also will be posted to the City's
website.

22.

The budget for the Commission 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 appropriations ordinance. The Parties will endeavor to secure private
fund ing for the Commission as appropriate. The Monitor will analyze the
Commission's budget and advise the Parties and the Court as to whether it affords
sufficient independence and resources to meet the terms of this /\greement.
B.

23.

District Policing Committees

Working jointly, the Commission, CDP, and Community Relations Board ("CRB"),
will work with the D.istrict Policing Committees (formerly called District Community
Relations Committees) to fac il itate regular communication and cooperation between
CDP and community leaders at the local level. These Disn·ict Policing Committees
should meet, at a minimum, every quarter.

24.

Working jointly, the Commission, CDP. and CRB will develop a mechan ism to recruit
and expand the membership of the District Policing Committees, each of which should
include a representative cross-section of community members, including, for example,
representatives of social services providers, faith leaders, local business owners, youth,
etc., from that District. Each District Policing Committee also '.Nill include at least one
CDP offi cer from that District. CDP will work with the Commission to select officers
for each District Policing Committee.

25.

CDP will work closely with the District Policing Committees to identi fy strategies to
address crime and safoty issues in their District. In developing appropriate strategies,
the District Policing Committees shou ld consider and address law enfo rcement
priorities and community policing strategies in their District, and should address any
concerns or recommendations about specific CDP policing tactics and initiatives in
their District.

7

26.

At least annually, each District Policing Committee will present its identified strategies,
concerns and recommendations to the Commission. At the same time, an officer who is
a member of the District Policing Committee will present to the Commission CDP's
assessment of ways to address, and barriers to, implementing the strategies, concerns
and recommendations of the Committee.

IV.
27.

COMMUNITY AND PROBLEM-ORIENTED POLICING
CDP will develop and implement a comprehensive and integrated community and
problem-oriented policing model in order to promote and strengthen partnerships
within the community, engage constructively with the community to ensure
collaborative problem-solving, and increase community confidence in CDP. CDP will
consult with the Commission regarding this model as appropriate.

28.

CDP will ensure that its mission statement reflects its commitment to community
oriented policing and will integrate community and problem-oriented policing
principles into its management, policies and procedures, recruitment, training,
personnel evaluations, resource deployment, tactics,, and accountability systems.

29.

CDP will ensure that officers are familiar with the geographic areas they serve,
including their assets, challenges, problems, business, residential and demographic
profiles, and community groups and leaders; engage in problem identification and
solving activities with the community groups and members regarding the community's
priorities; and work

proa~tively

with other city and county departments to address

quality of life issues.
30.

CDP will provide initial and annual in-service community and problem-oriented
policing training that is adequate in quality, quantity, type, and scope, and will
incorporate into its training of all offi cers, including supervisors, commanders, and
executives, community and problem-oriented policing principles, includi ng:
a. methods and strategies to improve publ ic safety and crime prevention through
community engagement;
b. training that promotes the development of new problem-solving partnerships
between the police and community, targeting problem-solving and crime
prevention;

8

c. leadership, ethics, and effective communication and interpersonal skills;
d. commw1ity engagement, including how to establi sh partnerships and acti vely
engage civilians and community organizations, including youth, LG BT,
homeless, and mental health organizat ions and communities;
e. principles of procedural justice and its goals;

f. conflict resolution and verbal de-escalation of conflict; and
g. cultural competency and sensitivicy training.
3 1.

The City and CDP will maintain collaborative partnerships with a broad spectrum of
comm unity groups. CDP representatives will meet, as appropriate, with residential,
business, religious, civic, educational, and other community-based groups in each
District, and with the District Policing Committees, to proactively maintain these
relationships and identify and address community problems and challenges.

32.

CDP will continue to meet with members of the commu11ity in each District on a
monthly basis. CDP will actively solicit participation from a broad cross-section of
community members in each District. Among other things, these community meetings
will be used to identify problems and other areas of concern in the community and
discuss responses and solutions. During these meetings, CDP may discuss, when
appropriate, summaries of relevant aud its and repo11s assessing CDP as well as any
policy changes completed during the preceding quarter.

33.

Within 365 days of the Effective Date, CDP will develop and implement systems to
monitor offi cer outreach to the community. CDP will use this method to analyze,
among other things, whether officers are partnering with a broad cross-section of
community members to develop and implement cooperative strategies that build mutltal
respect and identify and solve problems. The Monitor will review whether the systems
developed by the City are effective.

34.

At least annually, CDP will present the results of this analysis, broken out by District,
in a publicly-available community policing report detailing its community policing
efforts in each District. This report will descri be the problems and solutions identified
in the analysis above. The report also will identify obstacles encountered in community
and problem-oriented policing and recommendations for future improvement. In
developing this report, CDP will consider, as appropriate, available resul ts from the

9

biennial survey. The community policing report will be provided to the Commission,
posted on CDP's website, and a summary of the repo11 will be provided at each District
community meeting following the report's publication.
V.

BIAS-FREE POLICING

35.

CDP will deliver police services with the goal of ensuring that they are equitable,
respectful, and free of unlawful bias, in a manner that promotes broad community
engagement and confidence in CDP. CDP expects all officers to treat all members of
the Cleveland community with courtesy, professionalism, and respect, and not to use
harassing, intimidating, or derogatory language.

36.

CDP will integrate bias-free policing principles into its management, policies and
procedures, job descriptions, recruitment, training, personnel evaluations, resource
deployment, tactics, and

37.

acco ~ntabili ty

systems.

CDP will administer all activities without discrimination on the basis of race, ethnicity,
national origin, religion, gender, disability, age, sexual orientation, or gender identity.

38.

Within 18 months of the Effective Date, CDP will develop a bias-free policing policy
that incorporates, as appropriate, the recommendations developed by the Commission
pursuant to paragraph 17, and that provides clear guidance to officers that biased
policing, including deciding to detain a motorist or pedestrian based solely on racial
stereotypes, is prohibited.

39.

Within 18 months of the Effective Date, with input from the Commission, CDP will
develop training that incorporates the principles of procedural justice and that is
designed to ensure that police services are delivered free from bias. The Monitor will
review the training to assess whether it is adequate in quality, quantity, scope, and type.

40.

The training will be provided to all offi cers and will include:
a. constitutional and other legal requirements related to equal protection and
unlawful discrimination, including the requirements of this Agreement;
b. strategies, such as problem-oriented policing, procedural justice, and
recognizing implicit bias, to avoid conduct that may lead to biased policing or
the perception of biased policing;
c. historical and cultural systems that perpetuate racial and ethnic profiling;

JO

d. identification of racial or ethnic profiling practices, and police practices that
have a disparate impact on certain demographic categories;
e. self-evaluation strategies to identify racial or ethnic profiling;

f.

District-level cultural competency training regarding the histories and culture
of local immigrant and ethnic communities;

g. police and community perspecti ves related to bias-free policing;
h. the protection of civil rights as a central part of the police mission and as
essential to effective policing;
1.

instruction in the data collection protocols required by this Agreement; and

J. methods, strategics, and techniques to reduce misunderstanding, conflict, and

complaints due to perceived bias or discrimination.
41.

Supervisor training will include:
a. how to identify biased police practices when reviewi ng investigatory stop,
arrest, and use of fo rce data;
b. how to respond to a complaint of biased police practices, including conducting
a preliminary investigation of the complaint in order to preserve key evidence
and potential witnesses;
c. how to evaluate complaints of improper pedestrian stops for potential biased
police practices; and
d. engaging the community and developing positive relationships with diverse
community groups.

42.

Offi cers also will receive annual in-service training on bias-free policing that is
adequate in quality, quantity, type, and scope.

43.

To help ensure that police services are delivered in a manner free from bias, CDP will
analyze data pursuant to paragraph 265.

44.

Within 18 months of the Effective Date, the appointing authority will consider
principles of bias-free policing and equal protection in its hiring; unit assignment, as
applicable; promotion; and performance assessment processes, including giving
consideration to an individual's record of bias-related violati ons, as welI as using
interviews or other methods to assess the individual's abi lity to effectively practice
bias-free polici ng.

II

VI.

45.

USE OF FORCE

DOJ acknowledges that CDP recently has made impo11ant changes to some of its force
policies. Building on these improvements, CDP wil l revise, develop, and implement
force policies, training, supervision, and accountability systems with the goal of
ensuring that force is used in accordance with the Constitution and laws of the United
States and the requirements of this Agreement and that any use of unreasonable force is
promptly identified and responded to appropriately. The force policies, trai ning,
supervision, and accountabiIi ty systems wiII be designed with the goa l of ensuring that
officers use techniques other than fo rce to effect compliance with police orders
whenever feasible: use force only when necessary, and in a manner that avoids
unnecessary injury to officers and civilians;

de~esca late

the use of force at the earliest

possible moment; and accurately and completely report all uses of force.
A.
46.

Use of Force Principles

The City will implement the terms of this Agreement with the goa l of ensuring that use
of force by CDP offi cers, regardless of the type of force, tactics, or weapon used, wi11
comply with the following requirements:
a. officers will allow individuals the opportunity to submit to arrest before force
is used wherever possible;
b. officers will use de-escalation techniques whenever possible and appropriate,
before resorting to force and to reduce the need for fo rce. De-escalation
techniques may include verbal persuasion and warnings and tactical deescalation techniques, such as slowing down the pace or an incident, waiting
out subjects, creating distance (and thus the reactionary gap) between the
officer and the threat, and requesting additional resources (e.g. specialized
CIT officers or negotiators). Officers will be trained to consider the
possibility that a subject may be noncompliant due to a medical or mental
condition, physical or hearing impairment, language barrier, drug interaction,
or emotional crisis;
c. if force becomes necessary, officers will be limited to using only the amount
or force objectively reasonable as necessary to control the person.

12

d. in applying force, officers will reduce the level of force as the threat
diminishes;
c. officers normally will not use force against persons who are handcuffed or
otherwise restrained, unless it is objectively reasonable and necessary under
the circumstances lo stop an assault, escape, or as necessary to fulfill other
law enforcement objectives;
f. offi cers wil l not use force against persons who only verbally confro nt them
and do not impede a legitimate law enforcement function:
g. CDP will explicitly prohibit the use of retaliatory force by officers.

Retaliatory force includes, fo r example, force in excess of what is objectively
reasonable to prevent an escape to punish individuals for fl eeing or otherwise
resisting arrest; and force used to punish an individual for di srespecting
officers;
h. officers will not use head strikes with hard objects, except where lethal fo rce
is justified. Officers will be trained that a strike to the head with any impact
weapon could result in death ;
1.

other than to protect an officer's or other person's safety, officers will not use
force to subdue an individual who is not suspected of any criminal conduct;

J.

CDP's policy will expressly provide that using a fi rearm as an impact weapon
is never an authorized tactic. Officers will be trained that use of a !irearm as
an impact weapon could result in death to suspects, bystanders, and
themselves;

k. officers will not use neck holds;

I.

CDP will continue to limit vehicle pursuits to those in which the need to
capture the suspect outweighs the danger to the public. CDP will continue to
limit the number of CDP vehicles that may be involved in a vehicle pursuit;
and

m. immediately following a use or force, officers and, upon arri val, a supervisor
will inspect and observe subjects for injury or complaints of pain resulting
from the use of force, and immediately obtain any necessary medical care. As

13

necessary, officers will provide emergency first aid unti I professional medical
care providers are on scene.
47.

As soon as practical following a use of force, CDP will ensure that the incident is
accurately and properly reported, documented, and investigated. A fundamental goal of
the revised use of fo rce policy will be to account for, review, and investigate every
reportable use of force and reduce any improper uses of force.

48.

CDP will track and analyze officers' uses of force to hold officers accountable for
unreasonable uses of force; to guide training and policy; and to identify poor tactics and
emerging trends.
B.

49.

Use of Force Policies

CDP will develop and implement use of force policies that comply with applicable law
and are adequate to achieve the goals described in paragraph 45. The use of force
po licies will incorporate the use of force principles above, and will specify that the
unreasonable use of force will subject officers to the disciplinary process, possible
criminal prosecution, and/or possible civil liability.

50.

CDP's policies will address the use and deployment of its authorized force techniques,
technologies, and weapons that are available to CDP officers, including standard-issue
weapons that are made available to all officers and weapons that are made available
only to specialized units. The policies will clearly define and describe each force
option and the circumstances under which use of such fo rce is appropriate.

51.

CDP's policies related to specific weapons will include training and certification
requirements that each officer must meet before being permitted to carry and use the
authorized weapon.

52.

No officer will carry any weapon that is not authorized or approved by CDP.

53.

Prior to the use of any approved weapon, the officer, when possible and appropriate,
will communicate to the subject and other officers that the use of the weapon is
imminent, and allow the subject an opportunity to comply.

54.

CDP will implement policies for each of the following weapons using the following
guidelines.

14

1. Firearms

55.

Officers will not unholster and display a firearm unless the circumstances create a
reasonable belief that lethal force may become necessary. CD P's policies will require
and training will teach proper techniques for unholstering, displaying, pointing, and
aiming a firearm, and for determining when it is appropriate. to do so. The Monitor will
review CDP's policies and training to ensure that they comply with this paragraph. If
an officer unholsters a firearm during an incident, interaction, or event that would
otherwi se trigger a reporting or data collection requirement, officers wiII document that
a firearm was unholstered. CDP will annually collect and analyze

56.

thi~

data.

Unholstering a firearm and pointing it at a subject constitutes a Level 1 reportable use
of force and will be reported and investigated as such. The following exceptions to this
reporting requirement will apply:
a. SWAT Team Officers will not be required to report the pointing of a firearm
at a subject as a use of force during the execution of SWAT Team duties;
b. officers who are deputized and assigned to a Federal Task Force will not be
required to report the pointing of a firearm at a subject as a use of force when
conducting federal task fo rce operations during which a supervisor is present.
Reports or forms regarding any such incidents that are otherwise prepared by
a Task Force supervisor will be provided to CDP;
c. officers assigned to the Gang Impact, Narcotics, Homicide, Sex Crimes,
Domestic Violence, and Financial Crimes Units will not be required to report
the pointing of a firearm at a subject as a use of force if done solely while
entering and securing a building in connection with the execution of an arrest
or search warrant and a supervisor prepares a report detai ling the incident.

57.

Officers wi 11 not fire warning shots.

58.

Officers will consider their surroundings before discharging their firearms and will
avoid unnecessary risk to bystanders. victims, and other officers.

59.

Officers will not discharge a firearm from or at a moving vehicle, unless use of lethal
force is justified by something other than the threat from the moving veh icle; officers
will not intentionally place themselves in the path of or reach inside a moving vehicle;
and, where possi ble, officers will attempt to move out of the path of a moving vehicle.
15

60.

CDP annually will provide at least 16 hours of firearms training which will incl ude
pistol , shotgun, and policy training. In consultation with the Monitor, CDP will
develop a plan lo provide appropriate night, reduced light, and stress training for
officers. Officers will successfull y qualify with each firearm they are authorized to use
or carry on-duty at least annually. Officers will be required to qualify using proficiency
standards and will not be permitted to carry any firearm on which they fai led to qualify.
2. Electronic Control Weapons

61.

Officers wi II use Electronic Control Weapons (''ECWs") only where: ( I) grounds for
arrest or detention arc present and the subject is actively or aggressively resisting, and
lesser means would be ineffective; or (2) such fo rce is necessary to protect the officer,
the subject, or another party from immediate physical harm, and lesser means would be
ineffective or have been tried and failed.

62.

Each standard 5-second ECW application is a separate use of fo rce that officers must
individually justify as reasonable. After the first ECW application, the officer will
reevaluate the situation to detennine if subsequent cycles are reasonable. In
determining whether any additional application is reasonable, officers will consider that
a subject may not be able to respond to commands during or immed iately following an
ECW application. Officers will not employ more than three cycles of an ECW against
a subject during a single incident.

63.

Officers will consider lransitioning to alternative control measures if the subj ect does
not respond to ECW applications.

64.

Officers will not use ECWs in drive stun mode solely as a pai n compliance technique.
Officers may use ECWs in drive stun mode only to supplement the probe mode to
complete the incapaci tation ci rcuit, or as a countermeasure to gain separation between
ot1icers and the subj ect so that officers can consider another force option.

65.

Officers wiII determine the reasonableness orECW use based upon all the relevant
circumstances, includ ing the subject's apparent age, size, physical, and mental
condition, and the feas ibility of lesser force options.

66.

Except where lethal force is authorized, officers will not use ECWs where: ( I) a
deployment may cause serious physical injury or death from situational hazards,

16

including falling, losing control of a moving vehicle, or becoming ignited from the
presence of potentially explosive or flammable materials or substances; or (2) the
subject is visibly pregnant, apparently elderly, a child, visibly frai l, has obviously low
body mass, or is in apparent medical crisis.
67.

Officers will not use ECWs on fleeing persons who do not pose a threat of physical
harm to officers, other civilians, or themselves.

68.

Officers will not intentionally target ECWs to a subject's head, neck, or genitalia.

69.

Officers will not normally use ECWs on handcuffed or restrai ned persons. EC Ws will
be used on handcuffed or restrained persons only where the subject is displaying
aggressive physical resistance and lesser means would be ineffective or have been tried
and failed.

70.

Officers will carry ECWs in a weak-side holster to reduce the chances of accidentally
drawing and/or tiring a firearm.

71.

Officers will be trained in and follow protocols developed by CDP, in conjunction with
the City's EMS professionals, on the officer's responsibi lities following ECW use,
including:
a. restrictions on removing ECW probes, including the requirements described in
the next paragraph;
b. understanding the risks of positional asphyxia, and using restraint techniques
that do not impair the subj ect's respiration following a ECW application;
c. monitoring all subjects who have received an ECW application while in pol ice
custody; and
d. inform ing medical personnel of all subjects who have been subjected to
multiple ECW applications, including prolonged applications (more than 15
seconds); or who appear to be under the influence of drugs or exhibiting
symptoms associated with excited delirium; or who were kept in prone
restraints after ECW use.

72.

The City will ensure that all subjects who have been exposed to an ECW application
receive a medical evaluation by emergency medical responders in the fie ld or at a
medical facility. Absent exigent circumstances, probes will be removed from a
subject's sk in only by medical personnel or properly trained officers.

17

73.

In addition to the force reporting requirements outl ined in paragraph 88, officers will
clearly articu late and justify the following regarding their ECW use in a written
narrative:
a. each and every ECW cyc le used on a subject or attempted agai nst a subject;
b. use of the ECW in drive stun mode;
e. ECW application for more than 15 seconds;
d. continuous cycling of an ECW;
e. ECW application on a fl eeing person; and
f.

74.

ECW application by more than one officer.

Oflicers who have been issued ECWs will receive annual ECW certifications, which
will consist of physical competency; weapon retention; CDP policy, including any
policy changes; technology changes; and scenario-based training.

75.

CDP will develop and implement integrity safeguards on the use of ECWs to ensure
compliance with CDP policy. CDP will conduct qua1terly downloads of all ECWs.
CDP will conduct random and directed audits of ECW application data, which will be

provided to the Moni tor for review. The aud its should include a comparison of the
downloaded data to the officer's Use of Force Reports. Discrepancies within the aud it
should be addressed and appropriately investigated.
76.

ECW application data will be tracked and analyzed in CDP's Officer lntcrvention
Program.
3. Oleorcsin Capsicum Spray ("OC Spray")

77.

Officers will apply OC spray only: (I) when such force is reasonable to protect the
officer, the subject, or another party from physical ha1m and lesser means would be
ineffective; or (2) for crowd dispersal or protection and other means would be more
intrusive or less effective.

78.

After one standard OC spray (one second), each subsequent application is a separate
use of force that officers must individually justify as reasonable.

79.

Officers will not normally use OC spray on handcuffed or restrained persons. QC spray
will be used on handcuffed or restrained persons only where the subj ect is displaying
aggressive physical resistance and lesser means would be ineffective or have been tried

18

and failed.
80.

Officers will be trained in and follow protocols developed by CDP in conjunction with
the City's EMS professionals, on the officer' s responsibilities following OC spray use,
including:
a. decontaminating every subject exposed to chemical spray by using cool water
to flush the subject's face and eyes within 20 minutes of gaining control of the
scene. Officers need not decontaminate subjects who were on ly secondarily
exposed to OC spray, for example, when OC spray is used for crowd control,
unless requested by the subject;
b. understanding the risks of positional asphyxia, and using restraint techniques
lhat do not impair the subject's respiration following an OC spray application;
c. requesting medical response or assistance for subjects exposed to OC spray
when they complain of continued effects after having been decontaminated , or
they indicate that they have a pre-existing medical condition (e.g., asthma,
emphysema, bronchitis, heart ailment, etc.) that may be aggravated by OC
spray.

81.

Offi cers will carry only CDP issued OC spray.

82.

CDP wiII maintain documentation of tbc number of OC spray canisters distri butcd to
and utiI ized by each officer.

83.

OC spray application data will be tracked and analyzed in CDP's Officer Intervention
Program.
C.

84.

Use of Force Training

As part of its training requirements in Section XI of this Agreement, within 365 days of
the Effective Date, CDP will provide all current officers use of force training that is
adequate in quality, quantity, scope, and type and that includes:
a. proper use of force decision-making;
b. use of force reporting requirements;
c. the Fourth Amendment and related law;
d. de-escalation techniques, both verbal and tactical, that empower officers to
make arrests without using force and instruction that disengagement, area

19

containment, surveillance, waiting out a subject, summoning reinforcements,
usi ng cover, calling in specialized units, or delaying arrest may be the
appropriate response to a situation, even when the use of force would be
legally justified;
e. role-playing scenarios and interactive exercises that illustrate proper use of
force decision-making, including training on the importance of peer
intervention;
f.

the proper deployment and use of all intermediate weapons or technologies;

g. the risks of prolonged or repeated ECW exposure, including that exposure to
ECWs for longer than 15 seconds (whether due to multiple applications or
continuous cycling) may increase the risk of death or serious physical injury;
h. the increased ri sks ECWs may present to a subject who is pregnant, elderly, a
chi ld, frail, has low body mass, or is in medical crisis;
1.

that when using an ECW the drive stun mode is generally less effective than
the probe mode and, when used repeated ly, may exacerbate the situation;

J. firearms training, as described in paragraph 60;

k. factors to consider in initiating or continuing a vehicle pursuit; and
I.

for supervisors of all ranks, as part of their initial and annual in-service
supervisory training, training in conducting use or force investigations;
strategies for effectively directing officers to minimize uses of fo rce and to
intervene effectively to prevent or stop unreasonable force; and supporting
officers who report unreasonable or unrepo1ted force, or who are retali ated
agajnst for attempting to prevent unreasonable force.

85.

CDP also will provide the use of force training described in paragraph 84 to all new
officers as part of its training Academy.

86.

CDP will provide all officers with annual use of force in-service training that is
adequate in quality, quantity, type, and scope.
D.

87.

Use of Force Reporting Policy and Use of Force Reports

Within 365 days of the Effective Date, CDP will develop and implement a si ngle,
uni form, rcpo1ii ng system pursuant to a Use of Force Reporting policy. CDP uses of

20

force will be di vided into three levels. The three levels for the reporting, investigation,
and review of use of force correspond to the amount of force used and/or the outcome
of the force. This Agreement's categorization of these types of uses of force is based
on the following factors: potential of the technique or weapon to cause injury; degree
of injury caused; degree of pain experienced; degree of disability experienced by the
subject; complaint by the subject; degree of restraint of the subject; impairment of the
functi oning of any organ; duration of force; and physical vulnerabi lity of the subject.
Each level of force will require increasingly rigorous reporting, investigation, and
review. The levels of force are defined as follows:
a. Level 1 is force that is reasonably expected to cause only transient pain and/or
disorientation during its application as a means of gaining compliance,
including pressure point compliance and joint manipulation techniques, but
that is not reasonably expected to cause injury, does not result in an actual
injury, and does not result in a complaint of injury. It does not include
escorting, touching, or handcuffing a person with no or minimal resistance.
Unholstering a firearm and pointing it at a subject is reportable as a Level 1
use of force with the exceptions set forth in paragraph 56.
b. Level 2 is force that causes an injury, could reasonably be expected to cause
an injury, or results in a complaint of an inj ury, but does not rise to the level
of a Level 3 use of force. Level 2 includes the use of an ECW, including
where an ECW is fired at a person but misses; OC Spray application;
weaponless defense techniques (e.g., elbow or closed-fist stri kes, kicks. leg
sweeps, and takedowns); use of an impact weapon, except for a strike to·the
head, neck or face with an impact weapon; and any canine apprehension.
c. Level 3 is force that includes: (1) uses of lethal force; (2) uses of fo rce
resulting in death or serious physical injury; (3) uses of force resulting in
hospital admission; (3) all neck holds; (4) uses of force resulting in a loss of
consciousness; (5) canine bites; (6) more than three appl ications of an ECW
on an individual during a single interaction, regardless of the mode or duration
of the application, and regardless of whether the applications are by the same
or different officers, or an ECW application for longer than 15 seconds,

21

whether continuous or consecutive; and (7) any Level 2 use of force against a
handcuffed subj ect.
88.

All officers using or observing force will report in writing, before the end of their shift,
the use of force in a Use of Force Report. The Use of Force Report will include: (l ) a
detailed account of the incident from the officer's perspective; (2) the reason fo r the
initial pol ice presence; (3) a specific description of the acts that led to the use of force;
(4) the level of resistance encountered; and (5) a complete and accurate description of
every type of force used or observed. The use of force reporting policy will explicitly
prohibit the use of conclusory statements, ''boilerplate," or "canned" language (e.g.,
''furtive movement" or "lighting stance"), without supporting detail.

89.

Officers will be subject to the disciplinary process for material omissions or
mi srepresentations in their l:Jse of Force Reports.

90.

Officers who use or observe force and fa il to report it will be subject to the disciplinary
process, up to and includ ing termination, regardless of whether the force was
reasonable.

9 1.

Officers who use or observe force will notify their supervisors, or ensure that their
supervisors have been notified, as soon as practical following any use of force. An
officer who becomes aware of an allegation of unreasonable or unreported fo rce by
another officer must immediately notify his or her supervisor of that allegation.

92.

Use of Force Reports will be maintained centrally.
E.

93.

Use of Force Investigations

/\supervisor who was involved in a use of force, including by participating in or
ordering the fo rce under investigation, will not investigate the incident or review the
Use of Force Reports for approval or disapproval.
1. Investigations of Level 1 Uses of Force

94.

The direct supervisor of the ofiicer(s) employing a Level I use of force will review and
approve the use of force in writing, return the Use of Force Report to the officer for
revision, or elevate the Level 1 use of force before the end of the supervisor' s shift
followi ng the shift on which the Level 1 force was used. lf the Use of Force Report is
returned to the officer fo r revision, all revisions and additional reviews will be
22

completed within 5 days of the use of force. It is not mandatory for supervisors to
report to the scene of a Level 1 use of force. Supervisors will elevate and investigate
any Level l use of fo rce that appears to have violated policy or was improperly
categorized as a Level I use of force. If a supervisor determines that an oflicer's report
reveals evidence of a use of force involving potential c1:iminal conduct, he or she will
immediately notify Internal Affairs.

2. Investigations of Level 2 Uses of Force
95.

The di rect supervisor of the officer(s) using force, upon notification of a Level 2 use of
force incident or allegation of excessive force, will respond to the location of the
occurrence. Where the force is a Level I but the subject has alleged excessive force,
the supervisor wil l respond to the scene to determ ine whether a Level I or Level 2
investigation should be conducted.

96.

If a CDP supervisor uses a Level 2 use of force, a supervisor of a higher rank will
respond to the location of the occurrence and comply with the requirements of this
section.

97.

For all Level 2 uses of force, the direct supervisor wlll:
a. respond to the scene, examine the subj ect of the force for injury, and interview
the subject for complaints of pain after advising the subject that the interview
pertains only to the use o r force and not to any underlying alleged crime and
that the subject need not answer questions;
b. where appropriate, ensure that the subject receives medical attention from an
appropriate medical provider;
c. obtain an identify ing number that allows CDP to track the use of force;
d. identify and collect all evidence relevant to the use of force and evaluate that
evidence to determine whether the use of force: ( 1) was consistent with CDP
policy; and/or (2) raises any policy, training, tactical, or equipment concerns;
e. ensure that all evidence that could establi sh material facts related to the use of
force, including audio and video recordings, photographs, and other
documentation of injuries or the absence of injuries is collected;

23

f.

ensure that a canvass for civilian witnesses is conducted and interview all
civilian witnesses. Supervisors will either record the interview or encourage
civi lian witnesses to provide and sign a written statement in their own words;

g. ensure that all officers witnessing a use of force incident by another officer
complete a Use of Force Report. Supervisors wil l ensure that all Use of Force
Reports identify all offi cers who were involved in the incident, witnessed the
incident, or were on the scene when it occurred;
h. ensure that involved offi cers arc interviewed separately from one another.
Group interviews will be prohibited. Supervisors will not ask officers or other
witnesses leading questions that suggest legal justifications for the officers'
conduct, where such questions are contrary to appropriate law enforcement
techniques; and
1.

each investigating supervisor will provide a brief written synopsis to their
immediate supervisor, which will be forwarded through the chain of command
to the District Commander by the end of the shift on which the force occurred,
documenting the supervisor's preliminary determination of the
appropriateness or the use of force.

98.

The investigating supervisor will ensure that all Use of Force Reports include the
information required by this Agreement and CDP policy; consider all relevant
evidence, including circumstantial, direct, and physical evidence, as appropriate; and
make credibility determinations, if feas ible. Supervisors will make all reasonable
efforts through the investigation to resolve material inconsistencies between the officer,
subject, and witness statements, as well as inconsistencies between the level of force
claimed by the officer and the subject's injuries, and inconsistencies between multiple
offi cers. CDP will train all investigating supervisors on how to effectively complete
these tasks.

99.

Whenever a supervisor determines that there may have been mi sconduct, the supervisor
will immediately noti fy Internal Affairs and Internal Affairs will determine if it should
respond to the scene and/or conduct or take over the investigation.

100.

Within fi ve days of learni ng of the use of force, each supervisor will complete and
document his/her investigation using a supervisor's Use of r orce Report. Any

24

extension to this deadline must be authorized by a District Commander. This Report
will include the following:
a. the supervisor's narrative description of the incident, including a precise
description of the evidence that either justifies or fai ls to justify the officers'
conduct based on the supervisor's 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 specifically state that fact. In
situations in which witnesses were present but circumstances prevented the
supervisor from determining the identification, phone number, or address of
those witnesses, the report will state the reasons why. The report should also
include all available identi fy ing information for anyone who refused to
provide a statement;
c. the names of all CDP employees who used force or witnessed the use of force;
d. the investigating supervisor's evaluation of the use of fo rce, based on the
supervisor's review of the evidence gathered, including a determination of
whether the offi cers' actions appear to be within CDP policy and consistent
with state and federal law; and an assessment of the incident for policy,
training, tactical or equipment concerns, including whether the use of force
may have been avoided through the use of de-escalation techniques or lesser
force options; and
e. documentation of any non-disciplinary corrective action taken.
I0 1.

Investigatory supervisors will be subject to the disciplinary process for fa iling to
adequately investigate and document a use of force and material omissions or
misrepresentations in the supervisory investigation. An investigatory supervisor's
fai lure to adequately investigate a use of force will be addressed in their perfom1ancc
review.

102.

Upon completion of the supervisor's Use of Force Report, the investigating supervisor
will fo rward the report through their chain of command to the District Commander,
who will review the report to ensure that it is complete and that the fi ndings are

25

supported using the preponderance of the evidence standard . Each level in the chain of
command will review the report within 72 hours of receiving it. Reviewing supervisors
in the chain of command will order additional investigation when it appears that there is
additional relevant evidence that may assist in resolving inconsistencies or improve the
reliability or credibility of the findings.
I OJ.

Where the findin gs of the Use of Fo rce Report are not supported by a preponderance of
the evidence, the investigating supervisor's chain of command will document the
reasons for this determination and will include this documentation as an addendum Lo
the original investigation. The investigating supervisor's superior will counsel the
investigating supervisor regarding the inadequately supported determination and of any
investigative deficiencies that led to it. The District Commander will be responsible for
the accuracy and completeness of Use of Force Reports prepared by supervisors under
their command .

I 04.

Where an investigating supervisor conducts deficient investigations, the supervisor will
receive the appropriate corrective action, including training or demotion, in accordance
with performance evaluation procedures and/or the disciplinary process.

105.

Whenever an investigating supervisor, reviewing supervisor, or District Com mander
finds evidence of a use of fo rce involving potential crim inal conduct by an offi cer, he
or she will suspend the force investigation immediately and notify Internal Affairs.
Internal Affairs will immed iately notify FIT. which will take over both the criminal and
administrative investigation.

106.

When the District Commander finds that the investigation is complete and the fi ndings
are supported by the evidence, the investigation fi le will be promptly fo rwarded to
Internal Affairs. Internal Affairs will review the investigation to ensure that it is
complete and that the findings arc supported by the evidence.

I07.

When Internal Affairs completes its review, it will forward the complete fi le to the
Chief of CDP for disposition.

I08.

At the discretion of the Chief, his or her designee, or Internal Affairs, a use of force
investigation may be assigned or re-assigned for investigation to FIT or to another
supervisor, whether within or outside of the District in which the incident occu1Ted, or
may be returned to the District for further investi gation or analysis. This assignment or

26

re-assignment will be explained in writing.
I 09.

Where, after investigation, a use of force is found to be out of policy, the Chief will
direct and ensure the appropriate disciplinary process. Where the use of fo rce indicates
policy, training, tactical, or equipment concerns, the Chief will ensure also that
necessary training is delivered and that po licy, tactical, or equipment concerns are
resolved.
3. Force Investigation Team and Investigations of Level 3 Uses of Force

11 0.

CDP may refer crim inal investi gations of uses of force to an independent and highly
competent agency outside CDP where appropriate to ensure the fact and/or appearance
of impartiality of investigations.

111 .

The Internal Affairs Unit will include CDP's Force Investigation Team ("FIT"). Each
FIT will be a team comprised of personnel from various units and wil l not be a new unit
to which officers are permanently assigned. The FIT will conduct administrati ve
investigations in all of the following instances and, where appropriate and where not
assigned to an outside agency as permitted above, will conduct criminal investigations
of: (1) all Level 3 uses of fo rce; (2) uses of force involving potential crim inal conduct
by an officer; (3) all instances in which an individual died while in, or as an apparent
result of being in, CDP custody; and (4) any uses of fo rce reassigned to FfT by the
Chief or his or her designee. The FfT will be designed to ensure that these incidents are
investigated fully and fai rly by individuals with appropriate expertise, independence,
and investigative skills to ensure that uses of force that are contrary to law or policy arc
identified; that training, tactical, and equipment deficiencies related to the use of force
are identified; and that investigations are of sufficient quality.

112.

FlT will be comprised of personnel who have specialized training and expertise. The
FIT membership will be tailored to the circumstances of each investigation, but will
normally include one or more FIT detectives, the FIT sergeant, an Office of
Professional Standards investigator, an Internal Affairs investigator, and a Homicide
Unit supervisory officer, who will serve as the Team's leader. OPS investigators will
not pa1tieipate in criminal investigations. At least one member of the flT will be
avai lable at all times to eva luate potential referrals from CDP supervisors.

27

11 3.

Prior to performing FIT duties, FIT members will receive FIT-specific training that is
adequate in quality, quantity, scope, and type, including FIT procedures, including
callout and investigative protocols; the differences between administrative and criminal
investigations and how each should be conducted; investigations of orticer-involved
shootings; investigative equipment and techniques; and proper roles of the following:
on-scene counterparts, such as crime scene technicians; the Monitor; any outside
investigating agency; the prosecutor's office; and OPS. The training also will address
techniques for objective fact-gathering and evaluation and the factors to consider when
evaluating credibility. FIT investigators also will receive annual in-service training that
is adequate in quantity, quality, type, and scope.

11 4.

Within days from the Effective Date, CDP will identify, assign, and train personnel for
the FIT to fulfill the requirements of this Agreement.

11 5.

FIT will respond to the scene of every incident involving a use of fo rce fo r which it is
required to conduct an investigation. The FIT leader will immediately noti fy the
appropriate prosecutor's office. If the City elects to utilize an outside agency to
conduct the criminal investigation, the FlT leader will notify the designated outside
agency to respond to the scene to conduct the criminal investigation.

116.

CDP will develop and implement policies to ensure that, where an outside agency
conducts the criminal investigalion, FIT conducts a concurrent and thorough
administrative investigation.

11 7.

Before using an outside agency to conduct criminal investigations, CDP will develop a
memorandum of understanding with the outside agency to ensure lhat, after an
appropriate prosecutor review, completed crimi nal investigations are provided to FIT
and the Monitor, and that information obtained from or as a result of any compelled
interviews of officers is not provided to criminal investigators. The memorandum of
understanding also will delineate responsibi lities between the two agencies and
establish investigative protocols to ensure, to the extent possible, thorough, objective
and timely administrative and criminal investigations.

118.

FIT will :

28

a. assume control of the use of force investigation upon their arrival, unless an
outside agency is conducting the criminal investigation and control of the
scene by the crim inal investigating body is appropriate;
b. ensure that a canvass for, and interview of, civilian witnesses is conducted by
FlT team members. FIT members will either record the interview or
encourage civilian witnesses to provide and sign written statements in their
own words, but will take information from civilian witnesses who have
pertinent information even if they refuse to be recorded or refuse to complete
or sign a formal statement;
c. arrange for photographing and processing of the scene;
d. ensure that all evidence that could establish material facts related to the use of
force, including audio and video recordings, photographs, and other
documentation of injuries or the absence of injuries is collected;
e. examine the subject for injury, photograph areas of injury or complaint of
injury, interview the subject for complaints of pain after advising the subject
that the interview pertains only to the use of force and not to any underlying
alleged crime and that the subject need not answer questions, and ensure that
the subject receives medical attention from an appropriate med ical provider;;
f. ensure that all officers witnessing the use of force by another officer complete
a use of force report regarding the incident;
g. review all use of force reports to ensure that they include the information
required by CDP policy;
h. consistent with applicable law, interview all officers who witness or arc
otherwise involved in the incident. To the extent possible, officers will be
separated until interviewed. Group interviews will be prohibited. FIT will not
ask officers or other witnesses leading questions that suggest legal
justifications fo r the officers' conduct, when such questions are contrary to
appropriate law enforcement techniques. FIT will record all interviews. FIT
will ensure that all FIT investigation reports identify all offi cers who were
involved in the incident, witnessed the incident, or were on the scene when it
occurred;

29

1.

arrange for body worn camera video downloads;

j.

provide an initial briefing to a training representative at the start of the
investigation to ensure that any training issues that require immediate
attention are identified, and continue to consult as appropriate with the
training representative; and

k. make all reasonable efforts through the investigation to resolve material
inconsistencies between the officer, subject, and witness statements, as well as
inconsistencies between the level of fo rce claimed by the officer and the
subject' s injuries.
11 9.

On at least an annual basis, the Monitor will determine whether the criminal
investigations conducted by the outside agency are consistently objective, timely, and
comprehensive. If the Monitor determines that they are not and the City di sagrees, the
Court will resolve the disagreement. If a determination is made that the investigations
arc not consistently objective, timely, and comprehensive, the memorandum of
understanding will be terminated and the FIT will assume responsibi lity for conducting
all crim inal investigations of uses of fo rce.

120.

Ir the FfT leader determines that a case has the potential to proceed criminally,
compelled interviews of the subject offi cer(s) will be delayed. No other part of the
investigation will be held in abeyance unless specifically authorized by the Chief in
consultation with the agency conducting the criminal investigation and the appropriate
prosecutor's office.

121.

The FIT leader will complete a preliminary report that will be presented to the Chief of
Police or the Chier s designee as soon as possible, but absent exigent circumstances, no
later than 24 hours after learning of the use of force.

122.

With the exception of compelled interviews as described inparngraph 120, FIT will
complete its administrative investigation within 60 days. Any request for an extension
of time must be supported by a writlen j ustification and approved in writing by the
Chief or the Chiers designee. CDP's inability to complete the investigation because it
is awaiting information from an outside agency, such as the medical examiner's office,
will constitute sufficient basis for such an extension for that portion of the
investigation. Within seven days of the conclusion of each use of force investigation,

30

FIT will prepare an investigation report and recommend whether the preponderance of
the evidence establishes that the involved officer(s) violated CDP policy, and whether
any training or policy concerns are presented. FIT's investigative report and
recommendations will be reviewed by the head oflntemaJ Affairs. Within three
business days, the head of Internal /\ffairs will approve or disapprove FTT's
recommendations, or request that FIT conduct additional investi gation. Any request for
additional investigati on and the FIT's response will be documented and maintained in
the investigatory file. Internal Affairs will fo rward the investigative report to the Chief
of Police for review and approval.
123.

CDP will revise the FIT manual to ensure Lhat it is consistent with the force principles
outlined in this Agreement and includes the following:
a. guidance on an appropriate approach when providing Garrity warnings and
protections to offi cers for answering questions regarding thei r uses of force;
b. clear procedures to ensure appropriate separation of criminal and
administrative investigations in the event of compelled subject officer
statements;
c. definitions of all relevant

terms~

d. clear statements of the mission and authority of FIT;
e. procedures for report writing;
f.

procedures for objective fact-gathering and evaluation and the factors to
consider when evaluating credi bility;

g. procedures for collecting and processing evidence;
h. procedures for consul ting with the law department, including ensuring that
administrative investigations are not unnecessarily delayed while a criminal
investigation is pendi ng; and
i.

F.

124.

scene management procedures.

Force Review Board

CDP will develop and implement a Force Review Board ("FRB") to serve as a qual ity
control mechanism for uses of force and force investigations, and to appraise use of
force incidents from a tactics, training, policy, and agency improvement perspective.

31

The FRB will review all FIT investigations, all Level 2 investigations where there was
a determination of force related misconduct, and a sample of Level 2 use of force
investigations. The Force Review Board ("FRB") will be comprised of the Chief of
Police or his or her designee, who will chair the FRB; a supervisor from the training
section; a representative from Office of Professional Standards; and a representative
from Internal Affairs. One representative from each District, to be selected by the
District Commander, will participate in all Force Review Board reviews involving a use
of force in that District. The Chair may include any subject matter experts the Chair
fee ls would be helpful in reviewing particular incidents. The FRB also may consult
with other advisors as necessary.
I 25.

Each member will receive training on legal updates. updates to CDP's policies, and
CDP training curriculum related to the use of fo rce.

I 26.

The Force Review Board will conduct comprehensive and reliable reviews of
investigations within 90 days of submission to the FRB. The scope of the Board' s
review will not be limited to assessing an officer's decision-making at the moment the
officer employed force. Rather, the FRB's review will include the.circumstances
leading up to the use of force, tactical decisions, info1mation sharing and
communication, adequacy of supervision, equipment, training, CDP's medical
response, when applicable, and any commendable actions. The review will include the
actions and inactions of all officers, supervisors, comrnanders, and dispatchers involved
in the incident, as appropriate.

127.

In conducting these reviews, the Force Review Board will :
a. ensure that it is objective and complete and that the findings are supported by
a preponderance of the evidence. Where the findings are not supported by a
preponderance of the evidence, the FRB will document the reasons for this
determination, including the specific evidence or analysis supporting its
conclusions, and fo rward its determination to the Chief of Police;
b. hear the case presentation from the lead investigator, or for supervisory
investigations, the representative from the District where the force occurred;

32

c. review any written or recorded statements from the officer, and discuss the
case as necessary with the investigator or District representative to gain a full
understanding of the facts of the incident;
d. order additional investigation when it appears that there is additional relevant
evidence that may assist in resolving inconsistencies or improve the reliability
or cred ibility of the force investigation;
e. determine whether the inc.ident raises concerns regardi ng policy, training,
equipment, supervision, med ical response by officers on the scene,
communication, or tactics, and refer such incidents to Lhe appropriate unit
within CDP to ensure they are resolved;
f.

recommend non-disciplinary conective action to enable or encourage an
officer to improve his/her performance; and

g. document its findin gs and recommendations in a report within 15 days of each
FRB case presentation.
128.

The FRB wil l assess the quality of the investigations it reviews, including whether
investigations are objective and comprehensive and recommendations are supported by
a preponderance of the evidence. The FRB will identify and document any deficiencies
that indicate a need for corrective action.

129.

Annually, the FRB will examine the data related to use of force provided by the Data
Col.lection and Analysis Coordinator pursuant to paragraph 261, to detect any pattems,
trends, and training deficiencies and make recommendations for correction, as
appropriate. The analysis will be provided to the Monitor. To avoid duplication of
effort in developing the public report required by paragraph 266, this analysis will be
conducted in conjunction with the Data Collection and Ana lysis Coordinator.

130.

The FRB will work with the Data Collection and Analysis Coordinator to develop a
tracking system to ensure that each of its recommendations has been forwarded to the
appropriate personnel. The Chief and his or her designee will ensure that the FRB's
recommendations, including non-disciplinary corrective action, are implemented as
appropriate.

33

VII.
13 1.

CRISIS INTERVENTION

CDP will bui ld upon and improve its Crisis Intervention Program with the goal of: (a)
assisting individuals in crisis; (b) improving the safety of officers, consumers, family
members, and others within the community; (c) providing the foundation necessary to
promote community and statewide solutions to assist individuals with mental illness;
and (d) reduci ng the need for individuals with mental illness to have further
involvement with the criminal justice system. The Crisis Intervention Program will
provide a forum fo r effective problem solving regarding the interaction between the
crim inal justice and mental health care system and create a context for sustainable
change.
A.

132.

Mental Health Response Advisory Committee

Within 180 days of the Effective Date, CDP and the City will ensure that a Mental
Health Response Advisory Committee ("Advisory Committee") is developed to foster
relationships and build support between the police, the community, and mental health
providers and to help identify problems and develop solutions designed to improve
outcomes for individuals in crisis.

133.

The Advisory Committee will include the Crisis Intervention Coord inator and
representation from specialized CIT officers. CDP also will seek representation from
the Cleveland Municipal Court's Mental Health Docket, the Ohio Criminal Justice
Coordinating Center of Excellence. Cuyahoga County's Alcohol, Drug Add iction, and
Mental Health Services Board ("ADAMHS Board''), FrontLine Services, and any other
relevant Cuyahoga County mental health organizations, such as advocacy
organizations, homeless service providers, area hospitals, and interested community
members.

134.

The Advisory Committee will meet regularly and provide guidance to assist COP in
improving, expanding, and sustaining its Crisis Intervention Program.

135.

On an annual basis, the Advisory Committee will conduct an analysis of crisis
intervention incidents to determine whether CDP has enough spec ialized CIT officers,
whether it is deploying those officers effectively, and whether specialized CIT officers,
call-takers, and dispatchers arc appropriately responding to people in crisis, and will

34

recommend appropriate changes to policies, procedures, and training regarding police
contact with individuals in crisis.
136.

The Advisory Committee's reports and recommendations will be provided to the
Commission, will be publicly available, and will be posted on the Ci ty's website.
B.

137.

Crisis Intervention Coordinator

Within I 80 days of the Effective Date, CDP will designate an officer, at the rank of
captain or above, to act as a Crisis Intervention Coordinator to better faci li tate
communication between CDP and members of the mental health community and to
increase the effectiveness of CDP's Crisis Intervention Program.

138.

The Coord inator will develop and maintain partnerships with program stakeholders and
serve as a point of contact for advocates, individuals, fam ilies, caregivers,
professionals, and others associated with the mental health community. The
Coordinator will be available as a resource at all times during normal business hours.

139.

The Coordinator will participate in the Advisory Committee and on a regular basis
solicit feedback from the mental health community and specialized CIT ofli cers, calltakers, and dispatchers regarding the efficacy of CDP's Crisis Intervention Program.

140.

The Coordinator will be responsible for coordinating implementation of the changes
and recommendations made by the Advisory Committee, as appropriate.

141 .

The Coordinator will be responsi ble for ensuring the selection of appropriate candidates
fo r designation as specialized CIT officers. The Coordinator also will be required to
ensure that officers, call-takers, and dispatchers are appropriately responding to CITrelated calls.

142.

The Coordinator will create ways to recognize and honor specialized CIT officers, call takcrs, and dispatchers, where appropri ate.
C.

143.

C risis Intervention Training

CDP will provide training on responding to individuals in crisis to all of its officers and
recruits. Within 365 days of the Effective Date, officers will be provided with at least
eight hours of initial training, and all officers will receive annual in-service training
thereafter. The initial and annual training will be adequate in quality, quantity, type,
and scope, and will include the circumstances in which a specialized CJT officer should
35

be dispatched or consulted and how situations involving individuals in crisis should be
addressed if a specialized CIT officer is not immediately available. All new recrui ts
will receive at least 16 hours of training in the academy that meets these same
requirements.
144.

Within 365 days or the Effective Date, and annually thereafter, all CDP call-takers,
dispatchers, and their supervisors will receive cri sis intervention telecommunicators
training that is adequate to enable them to identify, dispatch, and appropriately respond
to calls for service that involve individuals in crisis. The training will include
identification of individuals in crisis; telephonic suicide intervention; crisis
management, de-escalation and scenario-based exercises; interactions with individuals
with mental illness; information that should be gathered when the call-taker suspects
that the call involves an individual in crisis; and the types of calls that require a
specialized CIT response. Any crisis intervention training that already has been
provided to call-takers, dispatchers, and their supervisors may be considered to fulfill
training requirements under this Agreement for those individuals, if appropriate.
0.

145.

Specialized C risis Intervention Trained Officers

CDP will provide enhanced specialized training in responding to individuals in crisis to
certain officers ("specialized CIT officers"). Specialized CIT officers will continue to
be assigned to the patrol division and will maintain their standard patrol duties, except
when called upon to respond to incidents or call s involving indi vidual s in crisis.

146.

The enhanced training fo r specialized CIT officers will be at lease 40 hours. This
enhanced training will be adequate in quality, scope, and type and will include how to
conduct a field evaluation, suicide intervention, community mental health resources,
common mental health diagnoses, the effects of drug and alcohol abuse, perspectives of
individuals with mental health issues, family members, the rights of persons with
mental illness, civil commitment criteria, crisis de-escalation, and scenario-based
exercises. This training must include on-site visitation to mental health and substance
abuse fac ilities and interaction with indi viduals with mental illness and substance abuse
disorders. Officers who arc designated as specialized CIT officers who already have
received 40 hours of appropriate crisis intervention training may be considered to have

36

fulfilled these training requirements.
147.

Specialized CIT offi cers do not have to receive the initial eight hours of trai ning
provided to all officers, but must receive eight hours of annual in-service crisis
intervention training, which can be the same training provided to all officers, if
appropriate.

148.

Training and designation as a specialized CIT officer will be voluntary. To be eligible
for consideration, offi cers must have at least three years of experience as a CDP officer.
CDP will provide an in-depth assessment of each applicant to determine the appl icant's
fitness to serve as a specialized CIT officer. This assessment will include an
examination of the offi cer's written application, supervisory recommendations,
disciplinary tile, and an in-person interview. Offi cers with a history of complaints of,
or who have been disciplined for, excessive use of force against individuals in crisis
will be presumptively ineligible to be specialized CJT officers.

149.

Supervisors will identify and encourage qual ified officers across all shifts and all
Districts to serve as specialized CJT offi cers.

150.

All Field Training Officers will receive the enhanced specialized crisis intervention
training described in paragraph 146. Despite having received this training, an FTO will
not be designated as a specialized CIT officer unl ess that FTO has volunteered to be a
specialized CIT officer and has been selected by the Coordinator.

15 1.

Specialized CIT officers who arc dispatched to an incident involving an individual in
crisis will have primary responsibility for the scene. If a supervisor has assumed
responsibi lity for the scene, the supervisor will seek the input of a specialized err
officer regarding strategies for reso lving the crisis where it is reasonable fo r them to do
so.

152.

Within 365 days of the Effective Date, the Coordinator will develop an effoctive
specialized crisis intervention plan ("Specialized Crisis Intervention Plan"). The goal
of the Specialized Crisis Intervention Plan will be to ensure that a specialized CIT
offi cer is available to respond to all calls and incidents that appear to involve an
individual in crisis. The Specialized Crisis [ntervention Plan will include an assessment
of the number of offi cers necessary to achieve this goal; identification of gaps in
coverage of particular shifts or Districts and development of mechanisms to fill those

37

gaps; identification of any barriers to ensuring full coverage and steps to overcome
those barriers; and ways to identify qualified officers and to encourage them to apply.
CDP will continually review and revise this plan as barriers to full coverage are
identified and addressed. The Specialized Crisis Intervention Plan will take into
account the seniority provisions of the Collectively Bargaining Agreement and that
CDP may not immediately be able to ensure that a specialized CIT officer is available
to respond to all call s or incidents that appear to involve an individual in crisis. Within
these constraints, the City will use its best efforts to ensure that a specialized CIT
officer responds to all calls and incidents that appear to involve an indi vidual in crisis.
The Monitor will assess the Specialized Crisis Intervention Plan and report to the
Parties whether it is appropriate and effective, and whether the City is using its best
efforts to implement it.
Crisis Intervention Policies and Procedures

E.

153.

The Ohio Criminal Justice Coordinating Center of Excellence currently is conducting a
peer review of the crisis intervention program in Cuyahoga County. The results of the
peer review assessment will be provided to the Advisory Committee, DOJ, and the
Monitor. In developing its policies and procedures and the plan req uired by paragraph

152, the City will consider this assessment and any recommendations contained within
i l.
154.

CDP, with recommendations from the Advisory Committee, wil l revise its policies to
make clear that a crisis intervention response may be necessary even in situations where
there has been an apparent law violation.

155 .

CDP, with recommendations from the Advisory Committee, will revise its current crisis
intervention policy to ensure that specialized CIT offi cers have appropriate discretion to
direct individuals with mental health and substance abuse issues to the healt h care
system, rather than the j udicial system, in those instances where it is appropriate to do
so.

156.

CDP's policies and procedures will make clear that specialized CIT officers, when
available, must be dispatched to all call s or incidents that appear to involve an
individual in c1isis. CDP will track incidents in which a specialized offi cer was not

38

dispatched to such calls. In developing and revising the plan required by paragraph
I 52, CDP will identify any barriers to ensuring that specialized CIT officers were
dispatched to these calls, and will include steps to overcome these barriers.
I57.

CDP will track calls and incidents involving individuals in crisis by gathering, at a
minimum, the foll owing data:
a. date, time, and location of the incident;
b. subject's name, age, gender, race, ethnicity, and address;
c. whether the subject was armed, and the type of weapon;
d. whether the subject is a United States military veteran;
e. name and address of individual call ing fo r service;
f.

the reason for the interaction, i.e., suspected criminal conduct or call for
assistance;

g. nan1e(s) and badge number(s) of the offi cer(s) on the scene;
h. whether a supervisor responded to the scene;
1.

techniques or equipment officers used;

J.

any injuries to offi cers, subject, or others;

k. disposition of the incident (e.g., defuse, arrest, citation, referral); and
I.
158.

brief narrative of the event (only if not included in another document).

CDP must publicly report this outcome data annually and provide it to the Advisory
Committee, aggregated as necessary to protect privacy.

159.

CDP will utilize this outcome data to identify training needs and develop case studies
and teaching scenarios for crisis intervention training as well as primary and in-service
crisis training; to make changes to the crisis training curriculum; to identify safety
issues and trends; to recognize and highlight successful individual officer performance;
to develop new response strategies for repeat calls for service; and to identify systemic
issues that impede CDP's ability to provide an appropriate response to an incident
invo.lving an individual in crisis.

VlJI. SEARCHES AND SEIZURES

160.

CDP will conduct all investigatory stops, searches, and arrests with the goal of ensuring
that they are conducted in accordance with the rights secured and protected by the

39

Constitution and state and federal law. CDP will conduct investigatory stops, searches,
and arrests fairly and respectfully as pa1t of an effecti ve overall crime prevention
strategy that takes into account community values. To achieve this goal, CDP will
revise, develop, and implement search and seizure policies that comply with applicable
law, and include the requirements below.

161.

Officers will not use an individual's gender. race, ethnicity, national origin, or
perceived sexual orientation as a factor, to any extent or degree, in establishing
reasonable suspicion or probable cause, unless such information is part of an actual and
credible description of a specific suspect in an investigation that includes other
identifying factors.

162.

Officers will not conduct investigatory stops when they lack reasonable suspicion.

163.

Officers will not conduct pat down searches without specific and articulable facts to
reasonably suspect that a particular person is armed and dangerous. This docs not
restrict an officer's abi lity to conduct a search incident to arrest or prior to transport.

164.

Where an officer seeks consent for a search, the officer will inform the person of his or
her right to refuse and to revoke consent at any time and document the person's
consent.

165.

CDP officers will not rely solely upon an individual's geographic location, or presence
in a high crime area without any other specific and articulable facts indicating that the
indi vidual has been, is, or is about to engage in criminal activity, as the basis for an
investigatory stop.

166.

Officers will immediately notify a supervisor when effectuating a custodial arrest for
obstructing official business, resisting arrest, or assaulting an officer and no other
substantive violation is alleged. Upon notification, the supervisor will respond to the
scene.

167.

Officers will not use "canned" or conclusory language without supporting detail in
documents or reports documenting investigatory stops, searches, or arrests.

I 68.

Officers will articulate the justification for an investigatory stop, search, or anest in a
specific and clear manner in their reports. CDP will train officers to use specific and
individualized descriptive language in reports when documenting investigatory stops,
searches, and arrests. Supervisors wil l review all documentation of investigatory stops,

40

searches, and arrests for completeness and adherence to law and CDP policy.
169.

CDP supervisors will review each arrest report by officers under their command,
whether or not they involve the seizure of contraband, and will sign off on those reports
to memorialize their review within 24 hours of the arrest, absent exceptional
circumstances. Supervisors wil l review reports and forms for deficiencies including:
a. "canned" or conclusory language without supporting detail, inconsistent
information, insufficient articu lation of the legal basis for the action, or other
indicia that the information in the reports or forms is not conect or complete;
b. arrests followi ng stops that were not supported by reasonable suspicion;
c. arrests that are not supported by probable cause, or are otherwise in violation
of the law or CDP policy; and
d. for every search or arrest involving the recovery of contraband evidence,
whether the circumstances by which the evidence was recovered and/or
probable cause fo r arrest was establ ished are plausible and complete.

170.

Within seven days, CDP supervisors will separately document and report:
(1) investigatory stops and pat-down sea rches that appear unsupported by reasonable
suspicion, or that are otherwise in violation of CDP policy; (2) arrests unsupported by
probable cause or that are in violation of CDP policy; or (3) investigatory stops,
searches, and arrests that, while comporting with law and policy, indicate a need for
corrective action or review of agency pol icy, strategy, tactics, or training.

171.

CDP supervisors will take appropriate action to address all apparent violations or
deficiencies in investigatory stops, searches, and arrests. Appropriate action may
include recommending non-disciplinary corrective action for the involved officer, or
referring the incident for adm inistrative or criminal investigation. The supervisor will
ensure that each violation or deficiency is addressed in the officer's performance
evaluations.

172.

/\command-level official will review, within seven days of their completion, all
supervisory reports of investigatory stops and pat-down searches not suppo1tcd by
reasonable suspicion, all searches and aITests not supported by probable cause, and all
investigatory stops, searches, and arrests that were in violation of CDP policy, or that
indicated a need for co1Tective action or review of agency policy, strategy, tactics, or

41

training. The commander will evaluate the supervisor's assessment and
recommendations and ensure that all appropriate corrective action is taken, including
referri ng the incident to Internal Affairs for investigation, if warranted. The
commander also will take appropri ate non-disciplinary corrective action and/or will
initiate the di sciplinary process against supervisors who fail to conduct complete,
thorough, and accurate reviews of officers' investigatory stops, searches, and arrests.
CDP will take into account the quality and completeness of these supervisory and
commander reviews of officers' investigatory stops, searches, and arrests, in
supervisory and commander perfomiance evaluations.
173.

CDP will provide all ofl:icers with initial training that is adequate in quality, quantity,
scope, and type on investigatory stops, searches, and arrests, including the requirements
of this Agreement. The training will be taught by a qualified instructor wi th significant
experience in Fourth Amendment issues. The training will address the requirements of
Fourth Amendment and related law, CDP policies, and this Agreement, including:
a. the difference among the scope and degree of intrusion associated with
different types of police contacts; the difference between probable cause,
reasonable suspicion, and mere speculation; and the difference between
voluntary consent and the mere acquiescence to police authority;
b. the types of facts and circumstances that may be considered in initiating,
conducting, terminating, and expanding an investigatory stop;
c. the level of permissible intrusion when conducting searches. such as
"pat-downs'' or "fri sks'';
d. the permissible nature and scope of searches incident to an arrest;
e. procedures for executing searches, including handl ing, recording, and taking
custody of seized property and evidence; and
f.

the principles of procedural justice and the effect that differing approaches to
investigatory stops, searches, and arrests can have on community perceptions
of police legitimacy and public safoty.

174.

CDP also will provide officers with annual search and seizure in-service training that is
adequate in quality, quantity, type, and scope.

175.

CDP will incorporate the following elements in its training of officers: (1) if possible,

42

introducing themselves at the initiation of contact with a civillan; (2) stating the reason
for an investigatory stop as soon as practicable; (3) ensuring that an investigatory stop
is no longer than necessary to take appropri ate action; and (4) acting with
professionalism and courtesy throughout the interaction.
IX.
176.

ACCOUNT ABILITY
The City and CDP will ensure that all allegations of officer misconduct, whether
internally discovered or alleged by a civi lian, 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.

177.

Internally Discovered Misconduct

Internal Affairs will cond uct 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
po licies, 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
civil ian head oflnternal Affairs will repo1i directly to the Chief of Police.

l 79.

CDP will 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 ex isting personnel received
training within 365 days prior to the Effective Date that is adequate in quality, quantity,
43

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 admini strative 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, incl uding 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 CDP'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.

44

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.

I 85.

Internal Affairs wil l 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, lntemal A ffairs wi 11 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 fail s 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 offi cers were intervi.ewed, 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 fo r the weapon were current; and

45

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 indi cates a need for additional training, counseling, or other nondisciplinary correcti ve 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 Commi ttee,
the Force Review Board, the Officer Intervention Program, and the Data Collection and
Analysis Coordinator while ensuring that sensitive information is adequately protected.
B.

189.

Reporting Misconduct and Preventing Retaliation

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 Affa irs. 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 all ows officers to confidential ly and anonymously
report potential misconduct by other officers.

l 91.

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.

Offi cers who retaliate against any person who reports or invest igates alleged
misconduct will be subject to the disciplinary process and possible discipl ine, up to and
including termination.

46

•

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 rcfc1Tcd 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 J\ ffairs 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 wil l ensure that OP is led by an administrator with the skills, expertise, and
experience to effectively manage the intake, tracking, timely, and

o ~j ective

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, expe11ise, 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 admini strative 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 civi lian witnesses against officers;
d. using objective evidence to resolve inconsistent statements;
e. the proper application of the preponderance of the evidence standard; and

47

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 investigat ions.

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 confl icts of interest.

199.

OPS will have its own budget, separate from the admini strative 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. investigafr,'.'e 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;

48

c. 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 will work with the police unions, as necessary, to allow civilian
complaints to be subm itted 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 indi viduals 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
fil ing a complaint. The supervisor will provide the individual a copy of the completed

49

complaint form or a blank fom1 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 ofOPS'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 reasonabl y be construed
as discouraging the filing of a complaint, including warnings about the potential
criminal consequences for filing fal se complaints.

208.

Within 180 days of the Effective Date, complaint forms and related informational
materials will 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 dea f or hard of hearing will not be grounds to decline to accept or investigate a
complaint.

209.

The City will ensure that civili an complaints submitted through other ex isting 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 electron ic
numbering and tracking system for all complaints. Upon receipt of a complai nt, 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

50

caseloads for OPS investigators.
2 11.

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
al legation.

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.

2 14.

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 admini stratively dismissed, and
the average length of complaint investigations.
3. Classification of Civilian Complaints

2 16.

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

51

reports.
2 17.

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 fi nding, 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 prelimi nary investigation demonstrates that the
officer does not work for CDP, or where the identity of the offi cer cannot be
detennined despite the best efforts of OPS.
4. Investigation of Civilian Complaints

2 18.

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 complai nt.

220.

OPS investigators will attempt to interview each complainant in person, and where

52

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-offi cer'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 effo11s 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 wanant any further investigation or action.
c. Unfounded: the preponderance of the evidence fa ils to establish whether a
policy violation occuned or did not occur.
d. Not Sustained: the preponderance of the evidence establishes that the alleged
conduct did occur, but did not violate CDP po licies, procedures, or training.
e. Administratively dismissed.

225.

OPS will document in writing the investigation of each complaint, including all

53

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, counseli ng, 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 wil l 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.
e. 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

54

230.

Within 120 days of the Effective Date, in consultation with the Commission, the Mayor
will work with the City Counci l 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.

23 1.

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 wil l take place in
open session.

236.

OPS investigators will attend PRB meetings at which their investigations are bei ng

55

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 fro m 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 Di rector 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 fo r additional training, counseling, or other
con ective measures; and (c) the incident suggests that CDP should revise its policies,
strategics, tactics, or training.
E.

240.

Disciplinary Hearings

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

56

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.

245.

Discipline

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.

[n 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, fam ilial relationships, or sexual orientation;
e. prohi bits 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 will work with the unions to all ow for sustai ned disciplinary find ings to stay in an
officer' s record for ten years.

57

X.

Transparency and Oversight
A.

250.

Police Inspector General

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.

25 1.

The Police Inspector General will work in the Office of the Mayor of the City of
Cleveland, but wi 11 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 Po.lice Inspector General wil l include authority to do the foll owing:
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 al l 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

58

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 fo r 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.

257.

Data Collection and Analysis

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 Jaw, 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.

superv i sor~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

59

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, etlmicity, age, and gender of the subject;
d. the name, shift, and assignment of the orticer(s) who used force;
e. the District where the use of force occurred;
f.

whether the incident occurred during an officer-initi ated 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 disabi lity, if indicated at the time force was used;
h. the subj ect's actions that led to the use of force, including whether the subj ect
was in possession of a weapon;
1.

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 all ow the information to be searched and

60

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 doi ng so;
h. reason for the stop, includ ing a brief description of the facts creating
reasonable suspicion;
1.

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 chargc(s).

26 1.

The Data Analysis and Collection Coordinator will be responsible for the routine
reporting of relevant data to the Chief of Police, FRB, Traini ng 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 wil l 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

61

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 will 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 avai lable.

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
di scrimination, to detennine 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 findin gs in a public report. The FRB 's data
analysis responsibilities are outli ned 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 will 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 pol icing initiati ves,

62

community meeting schedules, budgets, and internal audit reports on its website.
XI.

OFFlCER ASSISTANCE AND SUPPORT
A.

269.

Training

CDP wil l ensure that all offi cers receive adequate training to understand: (a) how to
po lice 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
indi viduals they encounter.
1.

270.

Training Plan

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.

27 1.

Within 365 days of the Effective Date, the Training Review Committee will develop a
written training plan for CDP's recruit academy, probationary fi eld 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. fu lfill 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 theori es of
learning; and
e. establish the frequency and subject areas fo r recruit and in-service training.

63

272.

The Training Plan need not apply to personnel in the Conununication 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 wi ll 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 will note their objections to all Parties in writing. CDP will
have 15 days to resolve any objections to its training plan and sched ule. lf after this I 5
day period has run, the Monitor or DOJ maintains its objection, then the Monitor will
have an add itional I 5 days to resolve the objection. If either party disagrees with the
Monitor's resolution of the objection, either pa11y may ask the Court to resolve the
matter. The training plan and schedule will 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 al I 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 wil l 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 responsi ble 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.

64

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 offi cers 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 20 15 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 will ensure
and document that all relevant CDP personnel have received and read the policy or
procedure. Notification of each revision or update wiII 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 foll ow CDP policies. The Commander responsible
fo r training will ensure that a variety of adult learning techniques, scenario-based
training, and problem-so lving practices, in addition to traditional lecture fo rmats, 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.

28 1.

CDP will ensure that instructors arc qualified and use only curricula and lesson plans
that have been approved by the Commander responsible for trai ning. CDP will actively
seek out and retain qualified instructors from outside CDP to supplement the skills of

65

its in-house training staff and adjunct instructors. As appropriate, CDP will incorporate
experts and guest speakers, includingjudges, prosecutors, crime victims, and
comm unity 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 fi eld training program will follow academy training and will
continue to be at least 26 weeks.

283.

The field training program will incorporate commun ity 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
fi eld Training Officer ("FTO") participation policy to establish and implement a
program that effectively attracts the best FTO candidates. CDP's policies and
procedures on fi eld training will delineate the criteria and methodology fo r 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. Tak ing 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. rTOs
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

66

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 regardi ng the quality of their fi eld training, including the
extent to which their fi eld training was consistent with what they learned in the
academy, and suggestions fo r 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
digital ly 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 fil e 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

67

29 1.

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 function s
necessary for CDP to fulfill its mission and satisfy the requirements of this Agreement.
Within six months of completion of thi s study, CDP will 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 fo r 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

m.

access to law enforcement databases that all ow 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 will ensure that CDP:
e. properly maintains and seeks to continuously improve upon existing
equipment and technology; and

68

f.

is appropriately identifying equipment needs and seeking to utilize, as
appropriate, emerging technologies.

294.

CDP will actively seek input and feedb ack from the Commission, patrol officers, and
supervisors regarding resource allocation, equipment needs, and technological
improvements.

295.

Upon the Chier s approval of the Equipment and Resource Plan, CDP will 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.

69

C.
300.

Recruitment and Hiring

To maintain high-level, quality service, ensure officer safety and accountability, and
promote constitutional, effective po licing, 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.

30 1.

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 fo r
attracting qualified applicants from a broad cross-section of the community. The
recruitment plan will establish and clearly identify the goals of CDP'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 will continue to employ minimum qualification for candidates and an objective
process for selecting recruits that employs reliable and valid selection criteria that

70

comport with the Charter and anti-discrimination laws.
307.

CDP will 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 hi gh-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 fo r existing officers. The program will continue to be designed to detect
the use of illegal substances, including steroids.

309.

CD P will conduct thorough, objecti ve, and timely background investigations of
candidates for sworn positions in accordance with federal anti-discrimination laws.
CDP's suit.ability 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 determi ne, 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.

3 10.

As pa11 of the hiring process, consistent with applicable law, CDP will request to
review personnel files from candidates' prev ious employment and, where possible, will
speak wi th the candidate's previous supervisor{s). This review, and any salient
in format ion obtained, will be documented in the candidate's fil e.

31 1.

If a candidate has previous law enforcement experience, CDP will complete a thorough,
objecti ve, 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 fro m this
review, will be documented in the candidate's file.
D.

3 12.

Performance Evaluations and Promotions

CDP will ensure that offi cers who police professional ly and effectively arc recognized
through the performance evaluation process. and that officers who lead professionally

71

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 refl ected in offi cer evaluations so that CDP can
identify and effectively respond.
J. 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
fo rmalized 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 communi ty and problem-oriented policing and problem-solving
strategies as appropriate to assignment;

315.

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);

1.

training;

J.

report writing; and

k.

decision-making skills.

As part of the annual performance review process, supervisors will meet with the
employee whose perfo rmance 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

72

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 offi cer is likely to be effecti ve 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:

E.
3 19.

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.

Staffing

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 deve lop 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, CDP's Staffing Plan will address and provide fo r each of the
following:
a. personnel deployment to ensure effective com munity and problem-oriented
policing;

73

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.
32 1.

Upon the Chiefs approval of the Staffi ng Plan, COP wil l submit it to the Monitor and
OOJ . The Monitor wil l 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 Staffi ng 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.

XII.

SUPERVISION
A.

322.

Duties, and Training of First Linc Supervisors

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 controlling 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;

74

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;
L

consistent disciplinary sanction and non-punitive con ective action;

J. monitoring use of force to ensure consistency wi th 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 wil l 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.

326.

Officer Intervention Program

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 too l 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.

75

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 offi cer regarding:
a. all uses of force;
b. all ECW applications and accidental discharges involving a subject;
c. all inj uries and deaths to persons in custody;
d. all cri tical firearm discharges;
e. incidents invo lving the reportable po inting 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;
1.

civilian complaints, whether fil ed with CDP, OPS, or the Mayor's ofti ce;

j . judicial proceedings where an offic..:er 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 thei r 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 offi cers;
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 fo rmal review,
and the thresholds will allow for peer-group comparisons between offi cers with similar
assignments and duties. The Monitor and DOJ will review and approve the OTP
threshold levels.

76

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.

33 1.

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.

CD P 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 will 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 thi s section to ensure proper
understanding and use of the system. CDP supervisors will be trained to use OJP as

77

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.

337.

Body Worn Cameras

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 fro m this review into their ongoing
evaluation and supervision of officers.

340.

Officers will be subject to the disciplinary process for intentional or otherwise
unj ustified fai lure to activate body worn cameras in violation of CDP policy.

XIII. POLICIES
34 1.

To maintain high quality service, ensure officer safety and accountability, and promote
constitutional, effective policing, CDP will ensure that its policies and procedures
reflect 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, CD P wi ll develop, revise, and implement policies and procedures to fu lly
incorporate the te1ms 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 pol icies
and procedures pursuant to this Agreement within 365 days of the Effective Date.

78

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 l 5 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 pol icy, procedure,
manual, or other administrati ve 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 wi ll note this objection in writi ng 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 obj ections 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
add itiona l time for po licy review only where it is clear that additional lime is necessary
to ensure fu ll and proper review. Any extension to the above timelincs by the Monitor
will also toll CDP's deadline for pol icy completion.

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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 thi s Agreement six months
after it is implemented and annually thereafter, to ensure that the pol icy 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
wi 11 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.

xrv.

IMPLEMENTATION, ASSESSMENT, OUTCOMES, AND ENFORCEMENT
A.

350.

Role of the Independent Monitor

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.

35 1.

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 assu me 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

80

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.

353.

Selection and Compensation of the Monitor

Within 90 days of the Effective Date, or additional time if agreed to by the Parties, the
City and DOJ wi ll 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
Cou1t, and the Court wi ll 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
wi ll have its appointment extended automatically should the City and CDP not
demonstrate Substantial and Effective Compliance at the end of thi s 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 40 1.

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 arc

81

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 wil l attempt
to resolve such dispute cooperatively prior to seeking the assistance of the Court. If the
City and DO.I 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 perfo rmed. 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 wi11resolve
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
peti tion 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.

360.

Compliance Reviews

The Monitor will conduct reviews or audits as necessary to determine whether the City

82

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 reliabili ty and
comprehensiveness. Compliance reviews and audits may be conducted using sampling
and compilation data where appropriate.

0.
361.

Biennial Community Survey

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 po lice-citizen encounters;
b. design, conduct, and analyze basel ine and subsequent biennial surveys of a
representative sample of City residents, police 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;

83

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.

367.

Outcome Measurements

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 fo rce; 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 fo rce 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 indi<..:ated at the time force was used, the subject's mental
or medical condition, use of drugs or alcohol, or the presence of a
disability;

84

2. number of injuries to offi cers 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), fo rce 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 fo rce in
violation of poJicy;

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 fo rce administrative investigations which are returned for lack of
completeness.
b. Address ing 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:

85

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 pcrson(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:
I. 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 thei r disposition; and
4. analysis of results of biennial community survey, when available.
e. Recnritment measurements, including:
I. number of qualified recruit appli cants;
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 fai lure;
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 collcgc, a college degree,
or at least two years of military service;

86

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:
l. number and percentage of officers provided training pursuant to thi s
Agreement, broken down by the type of training provided;
2. students' evaluations o [ lhe 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. Offi cer assistance and support measurements, including:
l . 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;
1.

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;

87

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.
368.

Monitoring Plan and Review Methodology

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 assum ing 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 wi.11 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 fo r 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.

88

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.

37 1.

/\t 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.
372.

Monitor Recommendations and Technical Assistance

The Monitor may make recommendations to the Parties regarding actions necessary to
ensure timely Substantial and Effecti ve 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 tru s Agreement.

373.

In the event that Substantial and Effecti ve Compliance with this Agreement req uires
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

89

by the Mon itor, 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.

374.

Comprehensive Reassessment

Two years and six months after the Effecti ve Date, the Moni tor 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 wiII 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. Noth ing in this
Assessment will enable the Monitor to unilaterally modify the terms of thi s Agreement.
I.

375.

Monitor Reports

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:
I. incorporated into policy;

90

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
u11redacted version will be fil ed under seal with the Court and provided to the
Pa11ies. 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 fo und 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 compl iance 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.

377.

Coordination with the Police Inspector General

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.

378.

Communication between Monitor, Parties, and Public

The Mon itor will maintain regular contact with the Parties in order to ensure effective
and timely communication regarding the status of CD P's compliance with this
Agreement. To faci litate this communication, the Monitor will conduct monthly
91

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
wi ll 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 Mon itor'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.

380.

Public Statements, Testimony, Records, and Conflicts of Interest

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 empl oyment or monitoring activities under
this Agreement first will be approved by OOJ and the City.

38 1.

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 liti gation 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 cunent or future litigant or claimant, or such litigant 's or

92

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-parti es to this
Agreement.
M.

385.

CDP Consent Decree Implementation Unit

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.

386.

Implementation Assessment and lleport

The City and CDP agree to collect and maintain all data and records necessary
to: ( I) 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 peri od to comply with thi s Agreement; CDP'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. Fo llowing this initial status report,
the City wi ll file a status report every six months thereafter while this Agreement is in
effect.

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O.

388.

Access and Confidentiality

To faci litate 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, fu ll , 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 doct1ments 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 resoluti on of the propriety of the assertion of the
privilege from the Court.

39 1.

DOJ and its consultants and agents wil l 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

94

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 fo r 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 Mon itor 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 thi s
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

95

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 fo r 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 wi ll 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 wi ll notify each other of any court, union, or admin istrative
challenge to this Agreement. In the event any provision of this Agreement is
challenged in any city or state cou rt, 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.

401.

Termination of this Agreement

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

96

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 Substanti al and Effective
Compliance with the search and seizure provisions fo r 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 confe r 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 0 11site observations, document review, or interviews with the City and CDP's personnel,
the Parties cannot resolve any compliance issues, the City may file a moti on 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 0 0 .T 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
Effecti ve Compliance with this Agreement and has maintained such compliance fo r 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 benefi ciary or protected class under this Agreement.

XV.

404.

DEFINITJONS AND ABBREVIATIONS

"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

97

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,
fi sts, 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. /\11 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).

41 0.

·'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.

41 2.

"City'' means the City of Cleveland, including its agents, offi cers, and employees.

41 3.

"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

98

in police, and improve the effectiveness of policing efforts.
4 15.

"Complainant" means any person who makes a complaint against CDP or an officer or
employee of CDP.

416.

"Court" wi ll 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.

4 18.

"Days" means calendar days unless otherwise modified.

41 9.

"Demographic category" means race, ethnicity, national origin. age, gender, gender
expression or identity, sexual orientation, disabi lity, religion, or limited English
proficiency.

420.

"Depa11ment of Justice" or "DOJ" refers jointl y to the United States Department of
Justice's Civil Ri ghts Division and the United States Attorney's Office for the Northern
District of Ohio.

42 1.

"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.

"Discipl ine" 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

99

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 Couti.

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.

43 1.

"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

100

events (e.g., disruptions in personal relationships, support systems, or living
an angements; loss of autonomy or parental rights; victimization; natural disasters),
which may, but not necessarily, result in an upward trajectory of intensity cu lminating
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.

"Menta l 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 fu nctioning 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 umelated to the terms of this Agreement.

439.

"Mobile Computer-Aided Dispatch System" is a computerized method of dispatching
po lice 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)

101

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 c.omplaints 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 C DP 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 prov iding specific direction on how to fulfi ll those duties,
funct ions, 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 fi les pertaining to law enforcement operations.

102

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 inj ury" means injury that creates a probabil ity of death, or which
causes significant serious permanent or protracted disfi gurement, 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.

45 6.

"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 offi cer in perfo rmance of
offi cial 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.

46 1.

"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.

103

For Plaintiff UNITED STATES OF AMERJCA:

v~

STEVEN M. DETT

United States Attorney
Northern District of Ohio

Principal Deputy Assistant Attorney General
Civil Rights Division

CAROLE S. RENDON
First Assistant U.S. Attorney
Northern District of Ohio

MARK KAPPELHOFF
Deputy Assistant Attorney General
Civil Rights Division

MICHELLE HEYER
HEATHER TONS!NG VOLOSIN
Assistant U.S. Attorneys
Northern District of Ohio
United States Court I louse
80 l West Superior Avenue
Cleveland, Ohio 44113-1852
Tel. (2 16) 622-3600
Email: Carole.Rendon@usdoj.gov
Email: Michelle.Heyer@usdoj.gov
Email: Heather.Tonsing.Volosin@usdoj.gov

JUDY C. PRESTON
Acting Chief
Special Litigation Section
EMILY A. GUNSTON
Special Counsel
RASH IDA OGLETREE
T. JACK MORSE
Trial Attorneys
United States Department of Justice
Civi l 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

104

For Defendant CITY OF CLEVELAND:

-Director of Law
GARY S. SINGLETARY

Chief Counsel
JOSEPH F. SCOTT
Chief Assistant Director of Law
60 1 Lakes ide A venue, Room 106
Cleveland. Ohio 44 11 4

105