Cincinnati Consent Decree
Overall Theory of the Settlement
· Minimize the risk of excessive use of force by CPD and to promote police integrity
Monitoring
· CPD will develop a protocol for conducting various audits, including quarterly audits of citizen complaints, semi-annual integrity audits of uses of force
· CPD will issue new policy requiring activation of video cameras in certain situations, including traffic stops and pursuits, requests for consent to search a vehicle, and requiring supervisors to review the tapes of all officers listed in any citizen complaint
· DOJ, City and CPD shall select a Monitor to review and report on CPD’s implementation of the Agreement and to provide technical assistance to the parties during the course of the Agreement. Monitor will conduct compliance reviews regularly
Training Mechanisms
· CPD will provide in-service training on proper use of chemical spray
· CPD will create a protocol relating to the use and maintenance of its computerized risk management system
· CPD will develop and implement training related to use of force as well as training consistent with this Agreement; CPD will provide special training to officers charged with accepting citizen complaints; CPD will modify its canine training program to ensure compliance with new policies adopted pursuant to the Agreement
· CPD will develop special training for its Field Training Officers and will require mandatory annual re-qualification firearms training
Institutional Infrastructure
· CPD will create a cadre of specially trained officers available at all times to respond to incidents involving persons who are mentally ill
· CPD will create a special board to review all critical firearm discharges, which will review all investigations for compliance with CPD policy and will provide a report to Chief of Police on the evidence and its findings
· CPD will create a new computerized relational database for maintaining, integrating and retrieving data necessary for supervision and management of the CPD, which shall collect and record information relating to uses of force, deployment of canine or chemical spray tactics, injuries to prisoners, firearm discharges, complaints of misconduct, and any criminal or civil claims filed against an officer or the CPD
Supervision of Officers
· CPD will develop and adopt a foot pursuit policy that sets out particular factors for officers to consider in determining appropriate course of action
· CPD will create a new set of use of force policies that makes clear when alternatives to force, such as disengagement, area containment, surveillance, are advisable to limit the use of force carried out by CPD officers and to subject officers to discipline when excessive force is used
· CPD will create a new policy on use of chemical spray, use of canine operations, and beanbag shotgun and forty millimeter foam rounds including requiring supervisor approval of such actions when possible
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Collected Data
· CPD will maintain an accounting of the number of chemical spray canisters annually distributed to and utilized by each officer; CPD will track canine deployments and other information related to such deployments; and use of beanbag shotguns.
· CPD will require all uses of force to be reported providing details on the circumstances and reasons for the application of force
· CPD will ensure that any officer who witnessed a use of force or an injury to a prisoner will provide a statement
· CPD shall maintain copies of all complaints of misconduct, as well as all materials used during the investigation, as well as the final report filed at the conclusion of the investigation
· CPD will retain and preserve video tapes from police car equipment of police conduct for at least 90 days
· City and CPD shall maintain all documents relating to its compliance with the agreement, including investigative files and records of officer training
Frequency of Reporting
· The special board in charge of reviewing critical firearm discharges will review annually each incident to look for patterns and to report its findings to the Chief of Police
· City shall file a status report with the Monitor every three months, including all supporting documentation. Monitor shall issue quarterly public reports detailing the City’s compliance and implementation of the Agreement
Community Participation
· CPD will make widely available the policy revisions relating to the use of force policies for review, comment and education to Community Councils and other community groups and will publish final policies on the CPD website
· CPD and City shall develop a program to inform the public of its ability to file complaints about officer conduct, which plan shall include distribution of materials and public service announcements. Complainants shall be kept informed of the status of the investigation arising from their complaints
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Professional Participation
· CPD will conduct regular meetings with local prosecutors to identify issues in officer, shift, or unit performance based on audits its conducts
Feedback Loops
· CPD will require officers to notify their supervisors following any use of force or upon the receipt of any allegation of excessive use of force; supervisors will respond to the scene to conduct an initial assessment and will determine whether further investigation is required. Further investigation will be reviewed by higher level of supervisors to ensure proper investigation by the lower supervisor, who will be accountable for the results of the investigation
· Internal Investigation Service will respond to the scene of and investigate any serious use of force
· Monthly reports will be generated by the computerized risk management system describing the data collected and any patterns; supervisors will review on a regular basis, not less than quarterly, these reports to evaluate officers under supervision and are required to initiate intervention for officers based on this information
· CPD will revise its disciplinary matrix to increase penalties for violations, and provide discretion to CPD in imposing punishment
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