A. Training
269. CDP will ensure that all officers receive adequate training to understand: (a) how to police effectively and safely in accordance with CDP policy; (b) the requirements of this Agreement, Ohio law, and the Constitution and laws of the United States. CDP training will reflect CDP’s commitment to procedural justice, bias-free policing, and community policing, and will instill agency expectations that officers police diligently, and have an understanding of and commitment to the constitutional rights of the individuals they encounter.
1. Training Plan
270. CDP will expand the scope and membership of the Training Review Committee. The Training Review Committee, headed by the Commander responsible for Training, will include Training Section staff members, the District training coordinators, union representatives, and members of the Commission.
271. Within 365 days of the Effective Date, the Training Review Committee will develop a written training plan for CDP’s recruit academy, probationary field training, and in-service training to ensure that recruits, and officers are trained to effectively and lawfully carry out their duties in accordance with CDP policy, the requirements and goals of this Agreement, Ohio law, and the Constitution and laws of the United States.
The plan will:
a. identify training priorities and broad training goals;
b. require at least 960 hours of recruit training;
c. fulfill all of the in-service training required by this Agreement, which will require at least 40 hours of in-service training annually;
d. develop instructional strategies that incorporate active learning methods such as problem-solving and scenario-based activities, based on current theories of learning; and
e. establish the frequency and subject areas for recruit and in-service training.
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 will comment specifically on whether the proposed training is adequate in quantity, scope and type. If the Monitor or DOJ objects to any aspect of the training plan and schedule, they will note their objections to all Parties in writing. CDP will have 15 days to resolve any objections to its training plan and schedule. lf after this 15 day period has run, the Monitor or DOJ maintains its objection, then the Monitor will have an additional 15 days to resolve the objection. If either party disagrees with the Monitor’s resolution of the objection, either 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 all levels of CDP; input from members of the community, including community concerns; court decisions; research reflecting the latest in law enforcement trends; individual District needs; and any changes to Ohio or federal law, and to CDP policy. The Training Review Committee’s needs assessment also will identify trends and document officer reaction to and satisfaction with the training they received and officer learning as a result of training, including the extent to which officers are applying the knowledge and skills acquired in training to their jobs.
275. CDP’s Commander responsible for training will continue to be responsible for overseeing and coordinating all CDP training, including recruit academy probationary field training; in-service training, including firearms and other use of force training; roll-call training; supervisory training; and all elective training.
276. CDP will designate a single training coordinator in each District. The Commander responsible for training will establish and maintain communications with each District training coordinator to ensure that all officers complete training as required and that documentation of training is provided to the Commander responsible for training.
277. Within 180 days of the Effective Date, CDP will develop recruit academy and in-service curricula that comport with CDP’s training plan and that comprehensively address the requirements of this Agreement.
278. Unless otherwise noted, the training required under this Agreement, including training on all policies revised or developed pursuant to this Agreement, will be delivered within two years of the Effective Date. Any training provided to CDP officers beginning in January 2015 may be considered to fulfill training requirements under this Agreement for individual officers, if appropriate.
279. For all other substantive updates or revisions to policy or procedure, CDP will ensure and document that all relevant CDP personnel have received and read the policy or procedure. Notification of each revision or update will 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 follow CDP policies. The Commander responsible for training will ensure that a variety of adult learning techniques, scenario-based training, and problem-solving practices, in addition to traditional lecture formats, are incorporated into all training. The Commander responsible for training also will ensure that all curricula, lesson plans, instructor’s qualifications, and testing materials are reviewed by the Training Review Committee and, where appropriate, persons external to CDP with expertise in the relevant lesson areas.
281. CDP will ensure that instructors are qualified and use only curricula and lesson plans that have been approved by the Commander responsible for training. CDP will actively seek out and retain qualified instructors from outside CDP to supplement the skills of its in-house training staff and adjunct instructors. As appropriate, CDP will incorporate experts and guest speakers, including judges, prosecutors, crime victims, and community members, to participate in relevant courses.
2. Field Training Program
282. Within 270 days of the Effective Date, CDP will revise, as necessary, its field training program for graduates of the police academy to comport with CDP’s training plan and this Agreement. The field training program will follow academy training and will continue to be at least 26 weeks.
283. The field training program will incorporate community and problem-oriented policing principles, and problem-based learning methods.
284. Within 270 days of the Effective Date, CDP will review and revise as necessary its field Training Officer (“FTO”) participation policy to establish and implement a program that effectively attracts the best FTO candidates. CDP’s policies and procedures on field training will delineate the criteria and methodology for selecting FTOs and field training sergeants. The City will work with the unions to allow only highly qualified officers to serve as FTOs and Field Training Sergeants. Taking into account the collective bargaining agreements with the unions, CDP will revise its eligibility 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 initial and in-service training that is adequate in quality, quantity, scope, and type, and that addresses management and supervision; community-oriented policing; effective problem solving techniques; and field communication. If current FTOs and Field Training Sergeants have received initial training that is sufficient to fulfill the requirements of this Agreement, they will not have to repeat the initial training. FTOs and Field Training Sergeants will receive the required in-service training at least every three years. FTOs and Field training Sergeants will be trained on any substantive changes to FTO policies and practices during the interim period. FTOs and Field Training Sergeants will be required to maintain, and demonstrate on a regular basis, their proficiency in managing recruits and subordinates, practicing and teaching community and problem-oriented policing, and solving problems effoctively. CDP will maintain current documentation of FTOs’ evaluations and training.
286. Within 270 days of the Effective Date, CDP will create a mechanism for recruits to provide confidential feedback regardi ng the quality of their fi eld training, including the extent to which their field training was consistent with what they learned in the academy, and suggestions fo r changes to academy training based upon their experience in the FTO program. CDP will document its response, including the rationale behind any responsive action taken or decision to take no action.
287. CDP’s Training Review Committee will, on an annual basis, analyze all aspects of CDP’s FTO program and consider emerging national policing practices in this area. Based on this research and analysis, the Training Review Committee will recommend, and CDP will institute, appropriate changes to policies, procedures, and training related to its FTO program.
3. Documentation of Training
288. CDP will document all training provided to or received by CDP officers, whether required or otherwise. Officers will sign an acknowledgement of attendance or digitally acknowledge completion of each training course (whether provided through 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, training 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 accurate records of current curricula, lesson plans, training delivered, and other training materials in a centralized electronic file system.
290. CDP will develop and implement accountability measures, including disciplinary and non-disciplinary corrective action, to ensure that all officers successfully complete all required training programs in a timely manner.
B. Equipment and Resources
291. With the goal of ensuring that CDP is provided with the resources, equipment, and updated technology necessary to implement the terms of this Agreement and to allow officers to perform their jobs safely, effectively, and efficiently, the City will implement the paragraphs below.
292. Within 365 days of the Effective Date, CDP will complete a comprehensive equipment and resource study to assess its current needs and priorities to perform the functions necessary for CDP to fulfill its mission and satisfy the requirements of this Agreement. Within six months of completion of this study, CDP 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 for necessary equipment including, at least the following:
a. an adequate number of computers;
b. an adequate number of operable and safe zone cars;
c. zone cars with reliable, functioning computers that provide officers with upto-date technology, including:
i. a mobile computer-aided dispatch system that allows officers and supervisors to access real time information received from call-takers and dispatchers;
ii. the ability to access CDP’s records management system; and
iii. access to law enforcement databases that allow officers to learn basic information about the civilians 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
f. is appropriately identifying equipment needs and seeking to utilize, as appropriate, emerging technologies.
294. CDP will actively seek input and feedback from the Commission, patrol officers, and supervisors regarding resource allocation, equipment needs, and technological improvements.
295. Upon the Chiefs 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 requirements 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 are 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 allegations of misconduct.
298. CDP will employ information technology professionals who are trained to conduct crime and intelligence analysis, who are capable of troubleshooting and maintaining information technology systems and who can identify and suggest appropriate technological advancements.
299. CDP will implement an effective employee assistance program that provides officers ready access to the mental health and support resources necessary to facilitate effective and constitutional policing.
C. Recruitment and Hiring
300. To maintain high-level, quality service, ensure officer safety and accountability, and promote constitutional, effective policing, CDP will review and revise as necessary its recruitment and hiring program to ensure that CDP successfully attracts and hires a diverse group of qualified individuals.
301. The Mayor will work with the City Council to develop an ordinance to place a Charter Amendment on the ballot that would give the appointing authority greater flexibility in the selection of candidates from the certified eligibility list for the CDP.
302. Within 180 days of the Effective Date, CDP will develop a recruitment policy and a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross-section of the community. The recruitment plan will establish and clearly identify the goals of CDP’s recruitment efforts and the duties of officers and staff implementing the plan. CDP will regularly 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 barriers 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 comport with the Charter and anti-discrimination laws.
307. CDP will report annually to the public its recruiting activities and outcomes, including the number of applicants, interviewees, and selectees, broken down by gender, race, ethnicity, and national origin. the extent to which CDP has been able to recruit qualified applicants, and a discussion of any challenges to recruiting high-quality applicants.
308. CDP will continue to require all candidates for sworn personnel positions, including new recruits and lateral hires, to undergo a psychological and medical examination to determine their fitness for employment. CDP will continue to maintain a drug testing program that provides for reliable and valid pre-service testing for new officers and random testing for existing officers. The program will continue to be designed to detect the use of illegal substances, including steroids.
309. CDP will conduct thorough, objective, and timely background investigations of candidates for sworn positions in accordance with federal anti-discrimination laws. CDP’s suitability determination will include assessing a candidate’s criminal history, employment history, use of controlled substances, and ability to work with diverse communities. CDP also will determine, to the extent possible, whether the candidate has been named in a civil action in either Cuyahoga County and/or in the County where the officer lives.
310. As part of the hiring process, consistent with applicable law, CDP will request to review personnel files from candidates’ previous employment and, where possible, will speak with the candidate’s previous supervisor{s). This review, and any salient in formation obtained, will be documented in the candidate’s file.
311. If a candidate has previous law enforcement experience, CDP will complete a thorough, objective, and timely pre-employment investigation that includes requesting a candidate’s history of using lethal and less lethal force, use of force training records, and complaint history. This review, and any salient information obtained from this review, will be documented in the candidate’s file.
D. Performance Evaluations and Promotions
312. CDP will ensure that officers who police professionally and effectively arc recognized through the performance evaluation process. and that officers who lead professionally and effectively are identified and receive appropriate consideration for promotion. CDP will further ensure that poor performance or policing that otherwise undermines public safety and community trust is reflected in officer evaluations so that CDP can identify and effectively respond.
1. Performance Evaluations
313. CDP will develop and implement fair and consistent practices to accurately evaluate officer performance in areas related to integrity, community policing, and critical police functions, on both an ongoing and annual basis.
314. As part of this program, within 18 months of the Effective Date, CDP, working with human resources and the police unions as necessary, will continue to utilize a formalized system documenting the annual performance evaluations of each officer by the officer’s direct supervisor. The annual performance evaluation will be augmented to include an assessment of:
a. community engagement and communication with the public as appropriate to assignment;
b. use of community and problem-oriented policing and problem-solving strategies as appropriate to assignment;
c. de-escalation strategies;
d. techniques for dealing with individuals in crisis;
e. civilian commendations and complaints;
f. disciplinary actions;
g. compliance with policy;
h. safety (e.g., officer safety standards and vehicle operations);
i. training;
j. report writing; and
k. decision-making skills.
315. As part of the annual performance review process, supervisors will meet with the employee whose performance is being evaluated to discuss the evaluation. In addition, on an ongoing basis, supervisors will discuss with their subordinates their performance and will document as appropriate the supervisor’s ongoing communications regarding officer performance and areas of growth.
316. CDP will hold supervisors of all ranks accountable for conducting timely, accurate, and complete performance evaluations of their subordinates.
2. Promotions
317. CDP will develop and implement fa ir and consistent promotion practices that comport with the requirements of this Agreement and result in the promotion of officers who are effective and professional.
318. In determining whether the officer is likely to be effective and appropriate for the position to which he or she is being considered for promotion, the appointing authority will consider the following factors, where relevant:
a. effective use of community and problem-oriented policing strategics;
b. the number and circumstances of uses of force;
c. an officer’s service as an FTO or Field Training Sergeant;
d. disciplinary record;
e. problem-solving skills;
f. interpersonal skills;
g. support for departmental integrity measures; and
h. pending disciplinary process.
E. Staffing
319. Within 365 days of the Effective Date, CDP will complete a comprehensive staffing study to assess the appropriate number of sworn and civilian personnel to perform the functions necessary for CDP to fulfill its mission, and satisfy the requirements of this Agreement. Within 180 days of completion of this study, CDP will develop an effective, comprehensive Staffing Plan that is consistent with its mission. including community and problem-oriented policing, and that will allow CDP to meet the requirements of this Agreement.
320. Among other items, CDP’s Staffing Plan will address and provide for each of the following:
a. personnel deployment to ensure effective community and problem-oriented policing;
b. a sufficient number of well-trained staff and resources to conduct timely misconduct investigations;
c. to the extent feasible, Unity of Command; and
d. a sufficient number of supervisors.
321. Upon the Chiefs approval of the Staffing Plan, COP will submit it to the Monitor and DOJ. The Monitor will assess the Staffing Plan and report to the Parties whether it is appropriate, effective, and consistent with the requirements of this Agreement. DOJ independently will review and assess whether the Staffing Plan is appropriate, effective, and consistent with the requirements of this Agreement. The City and CDP will employ best efforts to implement the Staffing Plan over the period of time set forth in the approved plan. The Monitor will report to the Parties whether the City and CDP are using best efforts to implement the Staffing Plan as required.