Author: bishopchui

A. Duties, and Training of First Line Supervisors

322. CDP will ensure that first line supervisors provide close and effective supervision of officers. This close and effective supervision includes responding to, investigating, and documenting force as required by this Agreement; ensuring that officers are working actively to engage the community with the goal of increasing public trust; monitoring, commanding, and controlling incidents and calls for service; reviewing arrest reports for compliance with law and this Agreement; identifying training and professional development needs; and providing leadership, counseling, redirection, and support to officers as needed.

323. Within 365 days of the Effective Date, CDP will develop and implement mandatory supervisory training for all new and current supervisors. This training for new and current supervisors may be different, but both will be adequate in quality, quantity, type, and scope, and will include the following topics:

a. techniques for effectively guiding and directing officers and promoting effective and constitutional police practices;

b. de-escalating conflict;

c. evaluating written reports, including identification of canned or conclusory language that is not accompanied by specific facts;

d. investigating officer uses of force;

e. building community partnerships and guiding officers on this requirement; f. understanding supervisory tools such as the Officer Intervention Program and body worn cameras;

g. responding to and investigating allegations of officer misconduct;

h. evaluating officer performance;

i. consistent disciplinary sanction and non-punitive corrective action;

j. monitoring use of force to ensure consistency with policies; and

k. legal updates.

324. Thereafter all sworn supervisors will receive adequate in-service management training, which may include updates and lessons learned related to the topics covered in the supervisor training and other areas covered by this Agreement.

325. CDP will hold supervisors directly accountable for the quality and effectiveness of their supervision, including whether supervisors identify and effectively respond to misconduct and ensure that officers effectively engage with the community.

B. Officer Intervention Program

326. Within 365 days of the Efiective Date, CPD will create a plan to modify its Officer Intervention Program (“OlP”) to enhance its effectiveness as a management tool to promote supervisory awareness and proactive identification of potentially problematic behavior among officers.

327. CDP supervisors will regularly use OIP 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 OIP is to intervene before discipline is required.

328. The OIP will include a computerized relational database that will be used to collect, maintain, integrate, and retrieve data department-wide and for each officer regarding:

a. all uses of force;

b. all ECW applications and accidental discharges involving a subject;

c. all injuries and deaths to persons in custody;

d. all critical firearm discharges;

e. incidents involving the reportable pointing of a firearm at a person;

f. the number of OC spray applications;

g. canine bites;

h. vehicle pursuits and traffic collisions involving CDP equipment;

i. civilian complaints, whether filled with CDP, OPS, or the Mayor’s office;

j. judicial proceedings where an officer is the subject of a protective or restraining order, other than a temporary restraining order dealing solely with financial matters. Officers will be required to report to their supervisors if they become the subject of a protective or restraining order, other than a temporary restraining order dealing solely with financial matters;

k. failures to record incidents with CDP’s body worn cameras that are required to be recorded under CDP’s body worn camera policy;

l. instances in which CDP is informed that a court has made a negative credibility determination regarding a CDP officer, or that a motion was granted on the grounds of a constitutional violation by a CDP officer;

m. all disciplinary action taken against officers;

n. all documented non-disciplinary corrective action required of officers;

o. sick leave usage, especially in concert with regular days off and holidays; and

p. all criminal proceedings initiated against an officer, and all civil lawsuits served upon the City and/or its officers or agents. resulting from the actions of CDP officers.

329. CDP will set threshold levels for each OIP indicator that will trigger a formal review, and the thresholds will allow for peer-group comparisons between officers with similar assignments and duties. The Monitor and DOJ will review and approve the OIP threshold levels.

330. CDP will implement rolling thresholds so that, once a review of a particular officer has been triggered as a result of a specific criteria that resulted in an intervention, each subsequent event involving that same criteria will trigger a review for a specified period of time.

331. CDP will collect and, at least quarterly, analyze OIP information related to supervisor, District, squad, and unit trends.

332. OIP will include appropriate identifying information for each involved employee (i.e., name, badge number, shift, and supervisor) and, where appropriate, each involved civilian (e.g., race, ethnicity, national origin, and gender).

333. CDP will develop and implement a comprehensive protocol for using the updated OIP information that will include data storage, data retrieval, reporting, data analysis, pattern identification, supervisory use, supervisory/departmental intervention, documentation, audits, access to the system, and confidentiality of personally identifiable information, medical and mental health records and treatment plans.

334. Supervisors will review OIP data other than confidential 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 of the intervention strategy except for those interventions that relate to confidential medical and mental health treatment plans.

336. CDP will enter information into OIP 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. Information necessary for aggregate statistical analyses will be maintained indefinitely. CDP will provide in-service training to all employees, including officers, supervisors, and commanders, regarding the updated OIP within 180 days of the system improvements specified in this section to ensure proper understanding and use of the system. CDP supervisors will be trained to use OIP as designed to help improve the performance of officers under their command. Commanders and supervisors will be trained in evaluating and making appropriate comparisons in order to identify any significant individual or group patterns.

C. Body Worn Cameras

337. CDP’s use of body worn cameras is not required by this Agreement. If CDP chooses to use body worn cameras, CDP will provide clear guidance and training on their use, and will implement protocols for testing equipment and preservation of recordings to foster transparency, increase accountability, and build trust, while protecting the privacy rights of individuals.

338. Supervisors will review recordings related to any incident involving at least a Level 2 or 3 use of force; injuries to officers; and in conjunction with any other supervisory investigation.

339. Supervisors will conduct adequate random and directed audits of body worn camera recordings created by officers under their command to confirm compliance with CDP policy and to identify areas where additional training or guidance is needed. Supervisors will incorporate the knowledge gained from this review into their ongoing evaluation and supervision of officers.

340. Officers will be subject to the disciplinary process for intentional or otherwise unjustified failure to activate body worn cameras in violation of CDP policy.

341. 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 community and problem-oriented policing, ensuring bias-free policing, and incorporating the concept of procedural justice.

342. As needed, CDP will develop, revise, and implement policies and procedures to fully incorporate the terms of this Agreement and comply with applicable law. CDP will ensure that its policies and procedures are plainly written, logically organized, and use terms that are clearly defined. Unless otherwise noted, CDP will develop all policies and procedures pursuant to this Agreement within 365 days of the Effective Date.

343. CDP will ensure that officers from all varying ranks and units have a meaningful opportunity to review and comment on new or existing policies and procedures.

344. Prior to submission to the Monitor and DOJ, CDP will provide policies related to bias-free policing, use of force, search and seizure, and data collection and retention to the Commission for review and comment. The Commission will provide any comments to CDP within l5 days of submission. The CDP will consider, discuss with, and timely respond to the Commission’s concerns. Where the Commission’s concerns are unresolved, CDP will provide the Commission’s comments to the DOJ and the Monitor along with the policy when it is submitted for approval.

345. CDP will submit all policies, procedures, manuals, and other administrative orders or directives related to this Agreement to the Monitor and DOJ prior to publication and implementation. If the Monitor or DOJ objects to the proposed policy, procedure, manual, or other administrative order or directive because they do not incorporate the requirements of this Agreement or are inconsistent with this Agreement or law, the Monitor or DOJ will note this objection in writing to all Parties within 15 business days of the receipt of the policy, procedure, manual, or directive. CDP will have 15 business days to resolve any objections to its policies, procedures, manuals, or directives. If, after this 15 day period has run, the Monitor or DOJ maintains its objection, then the Monitor will have an additional 15 business days to resolve the objection. If either party disagrees with the Monitor’s resolution of the objection, either party may ask the Court to resolve the matter. The policies will not be published or implemented until any objections have been resolved. The Monitor will determine whether an additional amount of time is necessary to ensure full and proper review of policies. Factors to consider in making this determination include: (a) complexity of the policy; (b) extent of disagreement regarding policy; (c) number of policies provided simultaneously; or (d) extraordinary circumstances delaying review by the DOJ or the Monitor. In determining whether these factors warrant additional time for review, the Monitor will fully consider the importance of prompt implementation of policies and will allow additional time for policy review only where it is clear that additional time is necessary to ensure full and proper review. Any extension to the above timelines by the Monitor will also toll CDP’s deadline for policy completion.

346. CDP will post approved policies and procedures on the City’s website to ensure public accessibility. There will be reasonable exceptions for policies, procedures, and administrative orders that are law enforcement sensitive, such as procedures regarding undercover officers or operations.

347. The CDP will review each policy or procedure related to this Agreement six months after it is implemented and annually thereafter, to ensure that the policy or procedure provides effective direction to CDP personnel and remains consistent with this Agreement, and current law. The CDP will review and revise policies and procedures as necessary upon notice of a significant policy deficiency during audits or reviews.

348. CDP will maintain a complete, up-to-date manual of all CDP policies and procedures that is indexed and maintained in an organized manner using a uniform numbering system for ease of reference. Officers and employees will have access to the manual, in hard copy or electronic format. Revisions and updates to CDP policies and procedures will be incorporated into the manual.

349. CDP will ensure that changes in case law and statutes that are relevant to the work of CDP are disseminated to appropriate CDP personnel in a timely manner and incorporated, as needed, into CDP policies, procedures, and training.