X. TRANSPARENCY AND OVERSIGHT

A.   Police Inspector General

250. The City will hire an individual or individuals with significant experience in law enforcement practices and civil rights law to serve as a Police Inspector General. The City will seek the Commission’s input in developing the minimum qualifications and experience for an Inspector General. The Police Inspector General will be appointed by the Mayor into the classified service of the City.

251. The Police Inspector General will work in the Office of the Mayor of the City of Cleveland, but will report to the Chief of CDP.

252. The Police Inspector General will not be a current or former employee of CDP.

253. The duties of the Police Inspector General will include authority to do the following: a. review CDP policies and practices to determine compliance with state and federal law, effectiveness, consistency with principles of bias-free and community policing and procedural justice; whether they promote public and officer safety, and whether they are achieving the goals of this Agreement; b. audit compliance with policies and procedures;

c. conduct investigations;

d. analyze trends;

e. develop specific recommendations for reform concerning policies, procedures, practices, training, and equipment to improve police services and accountability;

f. analyze investigations conducted by OPS to determine whether they are timely, complete, thorough, and whether recommended dispositions are supported by the preponderance of the evidence;

g. collect and analyze all sustained findings and the discipline imposed, including the use of mitigating and aggravating factors, to assess disciplinary trends and to determine whether discipline is consistently applied, fair, and based on the nature of the allegation; and

h. make reports and recommendations for reform publicly available.

254. The Police Inspector General also will have authority to conduct investigations, analyze trends, and make reports and recommendations, as appropriate, at the request of the Chief of CDP or the Mayor. The Commission may recommend to the Chief of CDP, the Director of Public Safety, or the Mayor additional areas of inquiry for the Inspector General.

255. The budget for the Inspector General will be visible as a separate line item in the budget proposal that is submitted annually pursuant to the Charter to the Cleveland City Council with the appropriation ordinance. The Monitor will analyze the Inspector General’s budget and advise the Parties whether it affords sufficient independence and resources to meet the terms of this Agreement. The Monitor will include this assessment in its reports.

256. The Police Inspector General will have access to all documents and data necessary to perfotm the above functions, including any raw data collected by the Data Collection and Analysis coordinator.

B. Data Collection and Analysis

257. CDP will collect and maintain all data and records necessary to accurately evaluate its use of force practices and search and seizure practices and facilitate transparency and, as permitted by law, broad public access to information related to CDP’s decision making and activities. To achieve this outcome, CDP will designate an individual or individuals as the “Data Collection and Analysis Coordinator”. The Data Collection and Analysis Coordinator will have the responsibilities below.

258. The Data Analysis and Collection Coordinator will ensure the collection and tracking of all documents related to uses of force and allegations of misconduct and related materials, including:

a. officers’ use of force reports;

b. supervisor’s use of force investigations;

c. force investigations by the Force Investigation Team;

d. force investigations by the Office of Professional Standards; e. force reviews conducted by the Force Review Board;

f. investigations conducted by Internal Affairs; and

g. all supporting documentation and materials, including relevant ECW downloads, supporting audio-visual recordings, including witness and officer interviews, and any relevant camera downloads, including from body worn cameras.

259. The Data Analysis and Collection Coordinator will ensure the creation and maintenance of a reliable and accurate electronic system to track all data derived from force-related documents, including:

a. the type(s) of force used;

b. whether an officer unholstered a firearm;

c. the actual or perceived race, ethnicity, age, and gender of the subject;

d. the name, shift, and assignment of the officer(s) who used force;

e. the District where the use of force occurred;

f. whether the incident occurred during an officer-initiated contact or a call for service;

g. the subject’s perceived mental or medical condition, use of drugs or alcohol, or the presence of a disability, if indicated at the time force was used; h. the subject’s actions that led to the use of force, including whether the subject was in possession of a weapon;

i. whether the subject was handcuffed or otherwise restrained during the use of force;

j· any injuries sustained by the officer or the subject or complaints of injury, and whether the officer or subject received medical services;

k. whether the subject was charged with an offense, and, if so, which offense(s); l. for deadly force incidents, the number of shots fired by each involved officer, the accuracy of the shots, and whether the subject was armed or unarmed; and m. the length of time between the use of force and the completion of each step of the force investigation and review.

260. The Data Collection and Analysis Coordinator will ensure the creation and maintenance of a reliable and accurate electronic system to track data on all vehicle stops, investigatory stops, and searches, whether or not they result in an arrest or issuance of a summons or citation. This system will allow the information to be searched and summarized electronically. Data is not required to be collected for social contacts and encounters that are voluntary and consensual. CDP’s stop and search data collection system will be subject to review and approval by the Monitor and DOJ, and will require officers to document the following:

a. the officer’s name and badge number;

b. date and time of the stop;

c. location of the stop;

d. duration of the stop;

e. subject(s)’s actual or perceived race, ethnicity, age, and gender; f. if a vehicle stop, the presence and number of any passengers; g. if a vehicle stop, whether the driver or any passenger was required to exit the vehicle, and the reason for doing so;

h. reason for the stop, including a brief description of the facts creating reasonable suspicion;

i. whether any individual was asked to consent to a search and whether such consent was given;

j. whether a pat-down, frisk, or other non-consensual search was performed on any individual or vehicle, including a brief description of the facts justifying the action;

k. a full description of any contraband or evidence seized from any individual or vehicle; and

l. disposition of the investigatory stop, including whether a citation or summons was issued to, or an arrest made of any individual, including the charge(s).

261. The Data Analysis and Collection Coordinator will be responsible for the routine reporting of relevant data to the Chief of Police, FRB, Training Review Committee, OPS, the Commission, and the Police lnspector General.

262. The Data Analysis and Collection Coordinator will be responsible for the annual assessment of forms and data collection systems to improve the accuracy and reliability of data collection. This assessment will be provided to the Monitor.

263. Within 365 days of the Effective Date, the Data Collection and Analysis Coordinator will develop a protocol to accurately analyze the data collected and allow for the assessments required below. This protocol will be subject to the review and approval of the Monitor and DOJ.

264. Within 90 days of development of the protocol, and annually therealler, CDP will conduct an assessment and issue a report summarizing its investigatory stop, search, and arrest data. The report will identify significant trends in compliance with the Fourth Amendment of the Constitution, identify which practices are most effective and efficient in increasing public safety and community confidence in CDP, and the steps taken to connect problems and build on successes. The report will be publicly available.

265. Within 150 days of development of the protocol, and annually thereafter, CDP will conduct an assessment and issue a report of all activities, including use of force, arrests, motor vehicle and investigatory stops, and misconduct complaints alleging discrimination, to determine whether CDP’s activities are applied or administered in a way that discriminates 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 are most effective and efficient 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, including the force-related data listed above, to determine trends; identify and correct deficiencies revealed by this analysis; and document its findings in a public report. The FRB’s data analysis responsibilities are outlined in paragraph 129.

267. To ensure transparency in the implementation of this Agreement, all CDP audits, reports, and outcome analyses related to the implementation of this Agreement will be made publicly available, including at the City and CDP websites, to the extent permitted by law. The Commission will work to make paper copies of these documents available to the community. The Commission also may recommend that CDP make additional documents, data, and reports publicly available.

268. To ensure transparency in its ongoing work, to the extent permitted by law, CDP will post its policies and procedures, training plans, community policing initiatives, community meeting schedules, budgets, and internal audit reports on its website.

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