Aesthetic.
For a year and then I still don't know what I would do.
Turn.
Aw, thanks so much for being here. Yeah, I know but it is
happening right now.
would get for,
Would get worn before 2 to 1. We need eight people, we've
got two already, I think two or three her in there, when is
running late. So as soon as we can get the eights or I'll
get going
yeah, that sounds
If you can kind of do any cleanup that you feel is needed.
And then we'll just open it up for like this. I think it's
enough that we can deal with one of the time. Is that okay
with you?
It was not known.
This is not no good just to feed me. I want to compete, it
just got other way. So losses on his way.
Let me call.
I think Riley.
We are just waiting for Coram Alderman. Sposato. Appreciate
your timeliness is always just need two more people before.
Thank you and we'll get started as quickly as possible.
Thank you.
listen to
Destiny 2
It's just lunch.
only reason
sometime you don't know.
Do the whole lot get swollen when I was young. I thought I
was.
You still be doing good now? Okay, I can't remember.
I was like, I don't have my shots in the evening.
I think there's only
got your picture.
got your picture up on the giant screen right now.
Let me know.
Yahoo mail.
Oak.
Okay, good afternoon. Are we ready to go?
Thinkware.
Where do?
We're good. Okay, good afternoon. Everybody know Alderman.
The committee on Ethics in Government oversight will now
come to order today, we will discuss two items, first
subject matter, hearing on the office of Inspector, General
is August 3rd, 2023 report on enforcement of the police
department's rules, requiring members to report misconduct
and second a subject matter cheering on the same offices,
May 25th. 2023 report on enforcement of the police
department's rule against false reports. We will not be
taking votes during these hearings, and we will begin with
a roll. Call to establish a quorum. Please. Please note
that your yes or present response will be deemed a. Yes,
vote. When Quorum call is used for a reference for any
later. Items German. Martin is present, vast your Haddon.
Old.
Older women lie.
Alderman. O'Shea.
all the
Alderwoman Taylor.
although,
Alderwoman separes, old woman Scott.
Order me.
Alderman, Taliaferro back. We will get to you momentarily,
although the Nugent Altima Vasquez Altman. Riley, Austin.
Okay. With seven members present, we've established a
quorum Alderman. Sposato has requested remote participation
in this committee meeting under rule 59 for medical
reasons. Is there a motion to allow him in sposato to
attend remotely? Wildman, Riley, still moves. All those in
favor. Signify by saying hi. All those opposed say. No. The
eyes have it all the way to sato's allowed to attend the
committee meeting remotely is alderwoman on,
Alderman.
Okay, we also have alderwoman Taylor on his also requested.
Promote participation under rule 59 for medical reasons. Is
there a motion to allow Taylor to participate? Remotely,
I've been Riley. So moved all those in favor signify by
saying I all those opposed. No, the eyes have it all to him
and Taylor is allowed to attend remotely. At this time, we
will begin public. Comment the public comment time to set
for 30 minutes, out of respect for everyone's Time. Each
speaker is limited to three minutes of public comment. We
have to pee.
signed up the
Signed up the first is Peter sosinski Pico hetzer.
Hi, my name is pizzas. Mega, I live in the 45th Ward. The
previous iteration of this committee acted at the behest of
Mayor Lightfoot to partially neuter, the ethics ordinance.
So that makes sense. Ozon ethical display of his cherished
fire truck. Picture was made a lot of them because it was
an ally of like foot and she did favors for friends. It has
not escaped the attention that the previous chair of the
committee on Ethics in Government oversight. Quit shortly
after life would had the ethics, ordinance partially
neutered, please restore that portion of the ethics
ordinance. Mayor. Lightfoot also did favors for the city
treasurer by using City funds, to craft a nondisclosure
clause as part of a settlement with whistleblowers who
worked in the City Treasurer's Office, kudos to the Chicago
Tribune's, Greg Pratt or suing the city to keep public
information public. His is an ethical act life would say
8.
Aided by the Law Department are not should not include or be
viewed. As hush money Ron proved that in the laquan
McDonald cover up closer to home for me is all their
person. Gardner's a burnt on ethical illegal and allegedly
criminal behavior and September of 2021. To Cook County
Democratic party promptly, sent your internalized Ward
committeeperson Gardener, for his aberrant Behavior, has
the Ethics Committee did nothing? It may of 2023 of the FBI
on field. An affidavit that alleged Gardner, accepted
$5,000 bribe and counted it out in front of a witness. The
Ethics Committee did nothing in July 2023, the city
inspector General, determine that Gardener violated the
city's ethics ordinance. It is the quote, first ever
finding of probable cause in an inspector General's. Ethics
investigation of a sitting member of City Council on quote,
yes.
The Ethics Committee did nothing in September of 2023
federal judge Coleman, published an opinion, setting forth.
Clearly that Gardener illegally violated constituents
constitutional rights and that he should be held liable.
For those violations. The Ethics Committee did nothing in
October 2023, the city council, quietly approved a $100,000
legal settlement, addressing Gardner's aberrant behavior in
the bend, George lawsuit, another law.
What part?
Apartment instead.
Apartments in Spencer Cash Money kudos to the people's
Fabric or unearthing, the $100,000 legal settlement as the
Inspector General pointed out, we are paying down the
deficit of legitimacy at which the city operates by
ensuring that people who break the rules are held
accountable regardless of their positions. And quote,
please use the committee on ethics and governmental
oversight to continue to pay down the city's deficit of
legitimacy to pay down life. What's the deficit of
legitimacy Entertainer on the council's deficit?
Thank.
Thank you, sir. Our next and final a speaker is in person.
George play for Mister B Moore.
The.
This matter has no ethics.
It's all.
I'll pay the play kurupt.
but,
The black ones, the white ones, the Asian and Hispanic, all
of them. It's a cesspool down here. No Epix. Now, you say
something. If you see something, say something policemen's
turning police. Within some of you, I can't believe this.
Add.
I cannot believe it that you started this meeting was late.
The previous meeting was a o, something late, something is
wrong here, know if it's here. So the Attorney General of
the Inspector General
but,
Metal detecting.
Is any expected. So easy, the people of the city of
Chicago, The Village the government that they get, and you
get the government that uses to Department in a pickle, is
that good community policing, 50% of the police are right.
Portable.
40% are Hispanic 10% of black alive here.
Why would you want to sell him as a concerned citizen? You
got two items here. And if you had five items, if the
citizen want to speak on Wednesday item, why would you want
to listen to them? That's unethical. And if 30 people come,
you can't play it again. Is that ethical
Why?
Why you don't want to hear from the public to shut up?
I have.
I have waited.
Hour and a half and I really hear about 25 minutes for
their gender. So if something is wrong with you, part of
the community, is that ethical? So all I do is kick to
check back with me.
because,
Because I know how unethical and others can be the list of
life might have been very appreciate mr. I will never
recognize is alderwoman legal purposes of Quorum, as well
as our good friend Alderman. All non Committee Member,
appreciate you being here. Our first order of business is
to rule 45 report from July 2023, which was sent out to the
committee. Can I have a motion to approve, the rule, 45
report, older woman leave. So moves all those in favor of
passing say. I like all those up.
Jose know, if any of the charity ice habits, we will now
begin the subject matter here in regarding the office of
Inspector General's report on enforcement of cpd's rules,
requiring members to report misconduct. I'd like to start
by thinking both Deputy Inspector General, Public Safety to
bar Richardson and CPT deputy director, Tim Moore for being
here today to testify on these recent reports. The date.
Also, like to note that the Public Safety Division of the
office of Inspector, General is done terrific work in
recent months and Publishing comprehensive reports, thank
you for that. And I think in the interest of time lets just
hear directly from, Deputy inspector-general Richardson. If
you can, please provide a summary of the ig's report, you'd
appreciate it. Go ahead and government oversight committee
and each of you, thank you for having me.
Going.
I want.
Going to first talked about the rule 21 report and I
believe the other Deputy we speak and then we will answer a
question. I'm pursuing to the consent decree, which the
Chicago Police Department and other departments are
operating under pursuant to Illinois, Chicago, it requires
that the office of Inspector General Public Safety section.
Conduct.
Conduct a race into the enforcement of rules, 21 and 22,
and Rule 14. These reports on that are on your agenda today
are responsive to that mandate. It's important to know that
there are only a few topics on that are required for us to
study under the consent decree, which highlight the
recognition of the importance of these issues. In August of
this year 2023, the public safety section publish a report
regarding enforcement descargar. Police Department's rules,
requiring members to report misconduct.
Chicago has a long and challenging history, as it relates
to a police Code of Silence, the Code of Silence refers to
the unwritten rule of an organization to say that members
of the department do not or will not report on each other's
misconduct. And that Code of Silence, does huge damage to
the legitimacy of the police department and to the quality
of his relationship with the communities. It serves that is
the notion that instead of pursuing Integrity within an
apartment, the department stay at protect its members from
accountability on this was recognized at, we go back to
former mayor, Rahm Emanuel, the police accountability task
force, which conducted the study in 2016, and the US
Department of Justice, which also published a report,
20
27th
2017 Dakota Silence with ncpd causes two issues. The first
issue is the legitimacy problem in the Code of Silence
damages The credibility and legitimacy of the police
department in with a community second. The Code of Silence
compromises cpd's Effectiveness as a law enforcement
agency. The Code of Silence compromises cpd's ability to
solve crimes and to keep people say I'm a former prosecutor
and one of the ways we solve crimes is by asking Chicago is
to report to the police department. We ask people to let
officers know what's going on. I said that officers can
more effectively do their job. We cannot ask people to
report crimes to the police department. That does not
expect the same of its own members.
Sissy
Specifically as a relates to rules 21 and 22, they prohibit
CPD members from failing to report promptly to the
department any information concerning any crime or other
unlawful action and from failing to report to the
department any violation of rules and regulations or any
other improper conduct which is contrary to the policy
orders or directors of the department. I'm selling any SEC
rule 21 is failure to report a crime. Whereas row 22 is
failure to report on anything that might be country or
violate policies are directed.
I'm going to go into a
I'm going to go into our findings of our findings conclude
that the existence of the rules have not historically, been
sufficient to eliminate a Code of Silence on specifically,
we have three findings as a result of looking. At the way
these rules have been enforced. The first finding was that
while CPD and forms isn't members of their duty to report
misconduct while they are and recruit training or the
academy at does not provide regular and service training on
how to report misconduct. And it does not provide regular
reminders to members about their own going duty to report
misconduct. As a result, we gave a recommendation to see PD
time to begin to include this information Beyond The
Academy to wish they'd agreed. Second, we found that there
are inconsistencies in the rules and policies around how
members can report misconduct and What mechanisms are
available to them. Particularly there is conflicting
information and cvd policies. And in the consent, decree
itself about the circumstances under which members are
allowed to report misconduct anonymously in order to
fulfill their duty to report Anonymous reporting is a
critically important Avenue to have available because he PD
members have real concerns with regard to retaliation for
reporting misconduct. In fact, the city has paid out in
Norman settlements and the amounts of over $1000000.
Set.
set a
Settlement.
Settlements have been looked at in the city of Norman
settlements and judgments to members. Who have been
retaliated against or reporting misconduct accordingly. The
availability of an anonymous reporting mechanism is
critical and highly recognized as a best practice in law,
enforcement accountability.
The third and final find it has to do with the way the
investigating agencies that is Bia, the Bureau of internal
affairs with ncpd and Cobra, the civilian office of Police
Academy of accountability, pursue potential violations of
these rules. We found that the rules are under a fourth in
the investigative process. If you look at the report
specifically case, that is what you will see that we found
love conducting in this a it we saw that there are
situations where the investigative agencies have found
facts that someone knew about misconduct but failed to
report it when we see a lot of those instances, when you
look at the body, One camera footage, or you will see
misconduct, which is captured by the members BWC on. And
also indicative of the fact that they also saw that
misconduct, where, where that misconduct but failed to
report the misconduct.
That is.
The other kind of under enforcement on that we see are
situations where Bia or Coke identify a failure to report
misconduct. But they do not specifically pursue in
violation of rule, 21 rule, 22 instead. There will be
allegations of more general rules of misconduct. For
example, rules 6, I'm that's a problem because if the
agency's find a violation of the specific rules, then those
are the rules violations. That should be reported. And it's
also the only way in which we can really get a better
understanding of the gravity of the issue, as it relates to
individual members and I'm agency-wide
As.
As a part of our process once we reach Finance, we also
give recommendations as I previously. Stated one
recommendation was with regard to training to wish CPD.
Agreed, and additional recommendation was at the city
pursue any necessary changes to allow an anonymous report
to satisfy satisfy members of Duty to report misconduct to
which cvd said that they would explore this, which I'm
gives us hope. But they stopped short of actually agree to
that recommendation. And we also recommended that the
Bureau of internal affairs and Coppola consistently
consistently Pursuit Billiards to report misconduct as a
disc.
Canary.
Canary matters when appropriate,
see if
CPD and Coppa know that our recommendations to improve the
investigative and enforcement of these rules on that has
the notion that people should be discipline. A proprietary.
If they fail to report, misconduct, the response
pacifically Express their views if they already addressed
this problem. We remain hopeful that in our oversight
capacity where we look at individual close, disciplinary
investigations. And even once we connect the follow-up
report, that we will see improvements in the enforcement of
rules, 21 and 22.
I'll be.
Before I conclude, I just like to place emphasis on what I
see or what. We see as the good news in the situation.
Currently why we have mandated the existence of an
anonymous anonymous reporting mechanism? We also have a
situation where we're at, where we're at. And then I do
miss report does not discharging members duty to report on.
So we left CPD members with two conflicting sets of rules.
We have a situation where you have four different ways that
you can report, misconduct acoba, four different ways that
you can report, misconduct to the oig, both of which you
can report anonymously. But then we say you can do those
things but it still does not satisfy your dude.
You to report.
You to report misconduct through your chain of command,
pursuant to rule, 21 and 22. But she has an anonymous
reporting mechanism, that can be a way to keep members safe
from the fear of retaliation while they discharged their
duty to report. I'm I just briefly go over and it's on our
website and you can look at the specific details, I'll give
a brief explanation as to how it works. Essentially on the
CPD member would give information which will verify that
they are. In fact, a c p, d member then they are given a
unique identifying number and that information. Their
personal information is being Stripped Away and we're just
left with the identifying number. They can use the 90s for
do to their report, the misconduct that receive a receipt
and then that can be used if there's ever an issue to
verify that.
Did.
Did it affect?
Did in fact report the misconduct, I also know that this is
some is precisely what the Department of Justice recognized
as being needed and 2020. The I am see the independent
monitoring team. I'm whose job it is to assess the city's
compliance with the consent decree, highlighted that a
system like, this could very well, provide a mechanism for
CPT number to report anonymously. Wow, meeting their rule,
21 and 22 duties, and as an exam.
I'm in New York City, the New York Police Department, use a
similar system where members are allowed it satisfy their
I'm duty to report their allowed to report anonymously.
They also receive a receipt or a tracking number and
verified that they did. In fact, I make those reports of
misconduct that is the good news. There has to be a safe
mechanism for members to report anonymously through, which
the members can also discharge their Duty under rule 21 and
22, sapd members simply have to be educated about this
Tool. Chicago has a long and challenging history with
regards to misconduct and the police department and with
the Code of Silence. Full and meaningful. Enforcement of
these rules is the only way we can leave that history in
the past enforcement is the only way we can move ahead.
An account.
An accountant.
Unaccountable effective and legitimate Police Department
under enforcement of these rules compromises cpd's
legitimacy and makes it harder for cpbd members to do their
jobs. Effectively announced turn it over
Good afternoon or good afternoon. Deputy director, more
Bureau of internal affairs. A lot of the recommendations
that were made by the inspector General's. Office had been
agreed upon and we are working to make necessary changes to
put out the messaging with respect to rule, 21, a real 22,
back in 2016. We didn't have the advocate newsletter, which
was a publication that was an internal publication, that
was put out to the membership and that was on our online,
on our be able to turn off a website, and it contained
information for the, for the troops to learn about the most
current concerns that we're out there. And so, we are in
the works of recreating that publication, and it shouldn't
take too long because we do have copies of the older
version.
Is a?
is an
Suzanne. We spoke with our department Advocate and he is on
board and willing to Jump Right In to create the advocate
news letter, and that Advocate newsletter will be
disseminated to all the the districts and all the units
with them within the department. And we'll have messaging
including Rule, 21 and roll20 to you and, and the pitfalls
and not reporting misconduct.
Fell off.
fellow officers and and also trying to incorporate rule 14,
which will get to momentarily, a lot of what was discussed,
and what a lot of what we've agreed upon will take some
time and we we put out timelines for completion of
somebody's recommendations summer 12-month, some are
ongoing and some we've already satisfied with respect to
Bia and and Coppa
I'm put.
I'm pretty.
I'm putting out messaging and and giving officers different
Avenues in which to file complaints. Be at through Copa, be
at the inspector General's office, be at on a hotline bid
to be. You don't like a general counsel but the illegal
Affairs division within the police department. So there are
different ways that officers can file complaint and not
have to go directly through there and Shannon complete
Command. Because oftentimes the chain of command is to the
officers are complaining about. So we have to have other
ways of y'all should have feel comfortable making
complaints against certain department members within the
apartment.
Thank you, both will now, move to questions from comedian
and committee members, Alderman, Taliaferro, thank you
chairman and it's good to see you're all Deputy Moore and
and I'll definitely take the general while Richardson. I
love the concept of
Anonymous of being an officer being able to make an
anonymous complaint. I think is needed. Is there a
mechanism that you will recommend to the police department
that were by an officer comes in? And for one reason or
another makes in a false allegation against the police off.
I have you discussed that mechanism with the department or
recommendation because it's going to happen for one reason
or another jealousy. Or let me get back at you for
something else. Also, is there a mechanism that you're
recommending? If you recommend Anonymous complaints? Is
there a mechanism that will punish an officer for making a
false complaint?
so, they
So that would be in violation of rule 14 submit enough
report or which can be oral or written and so that could be
investigated. I will just say that the mechanism to provide
Anonymous report has been
I'm the gcpd member hotline has been available since 2017
before the consent. Decree, we received a total of 9
complaints same thing. Outside of the PPT member hotline
office. Can already report anonymously to Copeland ji-so
This.
This is not something new is already in place.
And sell any allegation is just that. It's an allegation.
And so it would have to be investigated, it would have to
meet the standards, you know, of the evidence. And so I
guess it's a pros-and-cons thing right there. We want to
say there's the risk that officers were other officers, so
we shouldn't promote the anonymous reporting of police
misconduct. Or do we want to stay in the world? Where we
know that we have? And this is all hypothetical officers,
not allowing each other, but we know we have an issue with
the color of silence and we know that we need to address it
and so, but it was her best practices allowing for an
honest reporting is the best way to address that. I'm at 8,
turns out that they are
I don't.
I don't know. Lots of allegations were officers online on
other officers and that becomes an issue. I'm sure what
that would be something that will be addressed but I don't
see that as a big concern as a relates to the current that
concern of the Code of Silence, especially where
allegations are just the allegations and they will still
have to be investigated. What do you think? What do you
think? The biggest concern is with police officers as to
why they don't report or on another police officer? What do
you think? The biggest concern is, what kind of retaliation
where we have a system? Where you are, instructed to report
to your direct supervisor. This is me not clothing, but
speaking generally where by the end of your shift, after
you have observed,
Misconduct. You have to report that to your supervisor and,
and we seen. I think we give at least three examples of
individuals where they have been labeled a rat, or they
have been given midnight shift or different things. So
where you have the history of a culture where when you do
report misconduct? You beat you get when you receive a
label and you're even told him some instances what when you
need help, when I sending anybody.
The gray.
The greatest fear.
The greatest fear when you are police officer in you, put in
a position where you need your officers to back you up and
no one shows up.
That's a great fear. And and so I think as you look at
providing mechanism because I do support, the premise of
you need to be able to have a system in place. Where in
Austin can safely report misconduct, it can't be
arbitrarily done because there's so many different
mechanism out there where buy
An officer's name on that complaint becomes public
knowledge. In particular knowledge in the district at this
officer did XYZ. Let me ask you this. Also, if any
investigation is conducted and there's a suspension as a
result of the investigation, I mean, and that complaint was
made by a police officer. I'm assuming that that police
officer we have to give a statement sworn under oath as to
What?
What he observed I'm, is that true? Well, under the current
CBA for another supervisor and members of allegations
Anonymous allegations are for suicide and meet the theater,
where they're at, and again, not a direct quote. But if
there is enough, evidence verifiable reliable evidence out,
Of the complaint.
Of the complaint anybody where there was a citizen or a c
p, d member can make an anonymous complaint and those
allegations will be pursued and investigated medical don't
know for an officer that wants to report misconduct because
he wants to follow the rules and regulations and I'm
assuming that he has to give a statement as to what he saw
because if you know it becomes unfair to the officers that
that's having a complaint made against him. If I just come
in and say, hey also tell your feral did this and that's
all that happens. Will I be required to wear that
complaining member, I'll be required to give a statement as
to what he saw and if if so
Is that the?
Is that discoverable somewhere down the line. Can someone
find out through, for you, or whatever? The case may be
doesn't also have a right to know his accuser. So all these
things coming in question as to whether or not the police
officers, Bill of Rights are being violated under State
under state law. So,
What's?
What's the case of a police officer does? And they do have
by state law on police officers Bill of Rights. And if a
police officer ask or say, I want to know who my accuser
is, what protections would that complaint in half?
Set.
They already certain Protections in place for a
whistleblower's, so that's if you remember what have the
same protections? I don't know. If you want to give him or
statue, that protect whistleblowers. I'm assuming the
police officer under a different, a different cold, or a
different policies. Are they protected if they make a
complaint against an officer, I be protected from foia, I
be protected from anybody outside of
outside of Copa or outside of Bureau of internal affairs,
from seeing that statement and then what protects them
from. Even the officers that see that statement is say, hey
buddy, Sam, we just got a complaint against you and also
Jones is it when they would protect that officer, because
if we're going to talk about a mechanism in that,
Hello.
Allows you.
Allows an officer to be able to come in and make an
allegation on or report misconduct. We have to make sure
we're giving these officers, the best protection that we
possibly can. And I can tell you, there's nothing more
frightened, I worked with Deputy Moore in the 24th
district. We work the streets together and we worked in
Internal Affairs division together and he can tell you,
there's nothing more important out there and have a police
radio, some people think it's a gun, but he's not having a
police radio to be able to call for backup if you need it.
And if you have a radio when you call in for backup and
nobody's responded, that's even worse. So how do we protect
these officers that want to make allegations of misconduct?
so, a lot of time by my soul, a lot of times when I see
Casey.
Cases come through Internal Affairs, Cube that are
Anonymous. There that is not that the case of anonymous and
then it says that the complaining witness is an officer.
It's just an optimist. So we don't know whether or not be
complaining if an officer or a citizen. It's just the case
itself is is listed as being anonymous. And it does have
most of them have a brief allegation. They might have a
location so it makes it a lot harder for the investigator
to invest these. Let's get these cases when you do not
have.
A purse.
A person to speak to you to ask follow-up questions
regarding the allegations being made because it's
Anonymous. So we have no way of making contact with that
person to follow up with the allegation that were made it.
We might have an address or my but time and date and of
course we're going to do is go out look for video evidence.
When I start looking for ring doorbells want to start
knocking on doors just to see if it's someone else saw the
same thing with and plate install. But as far as that that
Anonymous component to it when we receive these
investigations, we don't get a name. We just do not
directly do most up. I'm going, found it or not sustained.
I was.
I would say yes, most of them do go on father or not the
same due to lack of verifiable evidence.
Get out.
Doubt it would air their case there are times where we have
an anonymous complaint. That is so detailed that that would
put an officer behind a bar serving alcohol, but that
person wants to be going to remain anonymous so that can
put us to a location to a date and time and to a person but
that so we don't really need to complain to come for it
because the investigators are going to go to that location
and see first-hand the officer behind a bar selling
alcohol. As an example, I think things like that. And I
don't think different Spectrum.
Read.
Radio Javan. Next appointment Vasquez.
I'm pretty.
Aunt Minnie. And Minnie, I want to thank all the retired,
sheriff for the line of questioning. I think that was part
of what I had to begin with and I thank you all for the
work being done. It's incredibly important. I recall first
term when we had the conversation with then-superintendent
Johnson, where I asked him, if there's a Code of Silence
and he was silent. So it's incredibly poor and I do think
that the main thing I was first question was other metrics
to track like this accessory areas of opportunity when it
comes to protecting officers that are going to make these
complaints? I think it's one thing to enforce a code right?
It's quite another thing. To incentivize our, make someone
to protect enough to do so and if you don't have the level
of protection there,
it in for,
Enforcing it may not get the job done, right? Because
people are thinking about their lives on the line is kind
of profession. So other ways to other metrics and waste
that kind of track. Whether were successful in protecting
officers were filing with blanks.
that's,
That's one of our recommendations is that there is still an
issue of retaliation and accordingly to address that issue.
The, the recommendation is the use of an anonymous
reporting mechanism which was satisfied members duty to
report pursuant to rule is 21 and 22 challenging when I
appreciate it. And it is having the anonymous reporting
count towards an officer's report while also trying to
maintain anonymity in any way. I need the discount, is
there an extra other breakdowns as to the type of reports
being made by officers, write, a misconduct investigation
use of force harassment time reporting, are they break down
from where officers, feel more comfortable complaining? Or
or were you seeing more biggest success for lack of a
better word?
I do.
I don't.
I don't know the answer to that, I'll hand we do presents
and case studies where rules 21 or what rule 21. A real 22
word for examples where they were not but I don't have an
answer. I'll paying him going to follow up on that says
part of the report are the research are reporting. That
wasn't like part of a looked up and saw like hey here's the
categories of what we're seeing is Bar complaints. Yeah
part of the issue which is a dress is the inconsistent.
Percy.
Pursuing, a real 21, a roll of 22 violations and senses
again in which you can look at the body, more camera
footage. And you'll see that the misconduct is caught on
the b w c of another officer was present, yet the rule 21,
a real 22 violations were in pursuit or instances, where
the investigator will say. They will label it as I'm a
failure to report misconduct, but again, that I'm a ledge
allegations of either, rule 21 roll20 to do. If you don't
have consistent enforcement of the rules and it makes it
difficult to then go and make those type of inquiries as to
when officers are reporting to wear under what
circumstances of the challengers take, this one is failure
to report, which clearly what a lot about, but it's also
challenging in the ones that are reported to even have
those kind of breakdown to see, like, okay, what are we
seeing? Because there's this inconsistency, and
Best.
That's correct. Haven't been investigating Internal Affairs
for 18 years. When it, when it comes to standing
allegations against department members, when there's
obvious, there's obvious misconduct. So you start looking
at you looking through the rule violations, right? So real
sex, while a violation of the robin general orders and roll
to bring this apartment Apartments that's going to catch
him. So what investigators typically do is look to hold the
officer accountable for their misconduct and if they start
searching through the rules of misconduct, you happen upon
row to row 6, and certain rules that come quicker then for
the page two or three times to get the road 21 and 22. So
with that said we are putting in place making it
Duet.
To educate our investigators both in a district-level and
an internal affairs that rule 21 a row, 22 do exist and you
need to start holding officers accountable for those rules
but they're very specific to failure to report misconduct
against other department members instead of just those
catch off that are out there. So it's more, it's more. So
at this point educating our investigators to utilize rule
21.
Andrew.
Arrow 22. So hopefully going forward will see more
sustained findings for those who rule violations, increase
like the culture in the, where I'm sitting here trying to
change the culture of an institution that has had such
problems for so long. It is challenging to imagine that
it'll change quickly. And so I do appreciate those efforts.
I think part of what we've been looking at the overall is
kind of like a general like forensic audit, not just of the
funds in the police department. But really some of the
practices and you know,
I think it is challenging and I don't mean what the
disrespect anyone a challenging to to think of it as
transparent when it times is translucent, outright opaque
to try to see what's going on. I'm kind of line designs
ever been conversations with retired officers as far as
opportunity for improvement cuz I've always thought that
when you're a retired officer or maybe less of that feeling
of who's going to have my back or being directly in the
institution, that makes it harder for people to feel
comfortable. Even saying anything, have there been any
conversation I gave him the retired officers around
opportunities for improvement
As far as the office of Inspector General, we spoke with CPD
members at various points in their career. So, in the
academy individuals, I believe between five and ten years
and member said, I've been with CPD over 20 years. So they
are all current or we're all current members, but I know,
retired. Know I have written that down cuz I will keep that
in mind when you're not in the system that you're
potentially critiques about. So likewise we have not spoke
with retired members. And lastly, besan on the information
I getting other recommendations, you all have four
us.
us and others as we're heading into like a poppy agreement
and negotiations that we should be considering right cuz
they're going to be presenting that Poppy contract at some
point to us that I think when we think about whether we're
supporting it or not with the cops would have to ratify
their questions and we should bring up based on concerns
that you will have the current fop contract includes it,
sometimes phrase as affidavit override. It already includes
allowing for the pursuit of Investigation is where on the
individual is anonymous, or there is no affidavit. So that
is included. But one of our recommendation,
Will take some color.
It will take some collaboration between a muscle entities
include taking advantage of what already exists or for
someone to use a lie. Gcpd hotline portal creative,
something similar, but allowing for an anonymous, yet
verifiable way to report misconduct. So that is something
that thing all entities need to account for if we really
want to move the ball in the right direction. Well, that's
a butter-pie, I'll ask the. Yeah, that's the
superintendent's office and if there's something I reported
back to the chair so it did. Thank you. I just want to
thank you all for doing important, vital work for the city.
When we're all concerned about, you know, the effects of
accountability and also making sure that knowing that it
also helps improve Public Safety in general when you have
that accountability. And please,
I'm a.
I'm at.
I imagine it's none of it's easy work or easy conversation.
So thank you so much for your work and taking care lest up
Alderman Hall.
I was.
So, how's it going to go? Thank you for allowing me to tag
along and ask a question. I'm asking some behalf of a
resident in the Sixth Ward, some of, which has already been
highlighted in both of my colleagues, questions and
comments, but has there been an incident in which someone
has upheld a complaint with the blower and or formal? I
mean, you know, visibly and there's been retaliation in the
form of a lawsuit for justice. And if so, do you have, do
you have that case of something? So I report includes at
least three examples and wish that happen and where the
city, I'll certainly settled. I believe in each instance
for I'm in amounts over 1 million, I believe one example of
the amount was approximately 4.4 million, so the report
includes those some examples.
Million.
Chameleon has been in lawsuits for. I don't have a number
one example, another example with one officer, it was over
1 million and then the last example was approximately 4.4
million and has it been was learned from that experience,
what recommendations came to prevent more
suits for
It's from happening like that down. Another land of a
report we have provided one in which we have recommended
that the city take seriously looking at litigation data in
order to learn from all of the instances in which we are
paying out, money was instances in which the department and
members are are Sue. And in this instance, where the city
is sued by CCD members.
Based.
Based on our findings, where we looked at litigation data
on there. Wasn't a system in place where the city is, in
fact, burning from all of these lawsuits. So that's to be
continued. Another recommendation is also not just learning
from the lawsuits, but collect enough details collecting
enough data such that we can make a fact of you.
Orlando.
Or when we are paying out money, thank you.
I will find out whether just because I don't know, if
somebody else knows.
What?
What is it? That was and how it compared to other
similarly-situated, Mercedes. Thank you. And I just have
one question. I'll submit through the chair in the interest
of time which is I know the report mention.
Step.
Stop by sometime in 2024. There will be in service training
for officers who are outside of the Academy. Of course to
receive updates on their obligations under rule 21 in row
22. If you can just provide kind of when exactly in 2024
you anticipate that going live. And in a high-level, the
summary of what that looks like. I can just do the chair in
the interest of time cuz I want to get through this this
next item. Yeah. So the, of course the officers are
responsible for a certain amount of block of training cuz
that's usually what this year was 40 hours of training if
they're responsible for next year. It will be the same if
not increased. So Bia. We are preparing preparing a lesson
plan in order to push out training is going to cover a
roof, 40, 21 and 22 which probably will be come by way of
earning a streaming video that the officers going to be
required to look at during Road.
Call. So there for something like this, they don't have to
go down to the academy and spend a whole day going over
rule. 21 and 22 is probably going to be by way of learning
through a streaming video that we played during roll call.
So just let you know, you didn't turn off the air as we're
currently building out our own production room to to create
our own videos. That's why we have the space we have.
Software.
Software, we have the equipment. It's just a matter of
getting everything plugged in and creating our own video
that will push out to the district. So it's going to take
at least through the first quarter. So I'm thinking maybe
by summer, we should have it up and running and start
pushing that through the department. Thank you, moving on
to our next and final item subject matter hearing regarding
the enforcement of cpd's rule against false reports. Deputy
Richardson if you could briefly and concisely in the
interest of time, just to summarize those findings and then
I think we'll just go straight into cute. I found that the
report is available on the website. I can also make sure
the report is received by anyway if you would like again I
will 14 is another one of the CPD rules required to be
study under the consent decree, which emphasizes the
importance of it.
Real 14 prohibits, epd members for making false reports and
whether it's written or oral real. Forcing is also brought
it includes conduct that is committed on or off duty, and
it's a current issue in the report, you will see that at
that time, I think it was as of November 2022 on there are
approximately 110 members with sustained, rule 14
violation, who were still a part
Ocpd.
Ocpd and really if to make it brief while we looked at was
whether CPD in the police accountability agencies were
pursuing punishing and then publishing the information as
it pertains to rule, 14 violation. So when there were real
forcing about violations or a possibility is allegation to
remove 14 violations, were those violations of a suit, all
of the entities, ocpd Copa police, or if they've all nice,
the importance of having officers, who are honest,
incredible, how that is essential to the job, essential to
having good relationships, relationships with communities
and in fact, essential to CPD officers being able to
conduct our CD members being able to do their duties, as
law enforcement members being able to go into court and
testify.
Able.
Able to swear, I'll search for it. Being able to be a part
of task force. They can't do that with rule 14 violation.
And so what we found is that with regard to publishing the
information about individuals with CPD, I mean with real 14
violations, Dells violations were not consistently publish.
And in fact as a part of settlements, sometimes it was a
Define to have those. I'm expunged so to speak where they
would not show up on the CCD new members.
Sissy.
Sustained find to say allegation history, which means that
for prosecutors who have an obligation pursuant to the law,
Brady Giglio to turn over this information, they would not
have that information to comply with their obligations
under criminal or civil cases. With regards to pursuing
violations. We found that it wasn't consistently forsooth
by bia, or Copa and then last with regard to
Punishing the violations. Again, we provide case studies,
where instances include individuals who has the same rule
14 violations and various amount of time for suspensions
were recommended but not separation, which each agency had
previously stated what would be the result of Real 14
violations on specifically for CBD in, and after 2008, I'm
So based on a sinus and make the series of recommendations
with regard to consistently. I'm pursuing separation for
members who have the same findings of real 14 violations.
Are we also made a number of
Commendations as a relates to on the investigating
agencies, consistently pursuing real forcing violations to
include their analyses, with regards to go through or for
violations. And we also recommended that the agencies have
a mechanism to record and make sure that those records are.
So for example, we pool and we looked at files, I'm where
the worst, the same rule 14 violations. Some of the files
were missing information and complete or just couldn't be
found with regard to the agency responses.
Most of the recommendations were agreed to some of the
recommendations pacifically from the police, Cordon Copa,
included a recommendation as it pertains to Sioux City.
Council making it a requirement that officers
Be separated when they're asked the same rule, 14
violations. But otherwise, the general response was that it
was a case-by-case basis which we understand. But a part of
the recommendation is do the analysis. When real 14 issues
come up.
Conclusion. I just say that we appreciate all of the police
accountability agencies agreeing that we all share, the
belief of the importance of pursuing punishing and
Publishing rule, 14 violations. And that the credibility
honesty of officers is essential to the relationships with
the community and their positions. But now that we have
done this talkin, the walk has to also confirm in a line
with it. I'm so we're hoping it again, just like with real
real cellular 27th to see some movement. I'm as a relates
to the consistency and pursuing and punishing and
Publishing rule. 14 violation clarifying question to start.
Were you saying earlier that your office found instances in
which there was maybe a determination?
Weather was.
Weather was fine or initial that there was a rule 14
violation, but through the back and forth between the city
and the officer that, that rule 14 violation was, never the
less dropped. No cell two things, I'm not sure which one.
So one instance is where I rule 14. Allegations were
sustained. But despite agency saying that they agree that
the what should happen when real 14 violations are saying
is that they also should be separated, there were instances
in which the recommended discipline. What's the Latin
separation? So some amount of time of suspension or there
were instances in which officer, as a part of mediation, or
settlement has sustained real 14 violation, except then,
those real 14 violations, which were sustained did not
carry.
There was an agreement that they would be expunged from the
record that they would not show up. When we look at the
criminal, the allegation history for those officers. And
that ladder, practice is your office received confirmation
that the city will discontinue with that moving forward.
I'll have.
I will have.
I will have to look at or maybe Jeff. You need more knows
the exact response of the agencies with regard to that, but
I'll hand my recollection is that, that is not the case.
And, and that's the thing, right? When we talked about
mediation, we talked about settlements, sometimes things
happen outside of the normal rule social speak because it
is a negotiation process. Because I think part of my, the
question behind the question, isn't following up on this
important issue? Is this something that is a question for
CPD to see, six months from now? A year from now where
we're at? Is this a question for the law department? Is
this something that we Farm out outside counsel? Yes, I
left. I see if he'd be in the Law Department. Okay. And in
Deputy, did you happen to know off the top of your head? If
That.
That poor.
That prick.
That practice has stopped specifically the practice of
entering into some sort of agreement whereby, they will be
a sustained rule 14 of violation, but that that is is
expunged at some point so that that I can't speak. So I
have to report back to you on that cuz I'm not familiar.
I'm not really sure about that but we respect the rule for
team being investigated by the Bell Internal Affairs and if
an officer has a sustained finding for real 14.
Leaving the field.
Leaving the Bureau of internal affairs, the recommendation
for that. Infraction will be separation. Now, of course,
the member has a collective bargaining agreement in place
which might change that. But leaving Internal Affairs, the
recommendation for a real 14 is separation. So once the
officer files a grievance, and if it goes to court police
board or there's arbitration that penalty can go from
separation. The recommendation that be a mate to unless
unless you know, harsh penalty may be here, a hundred
twenty day suspension or defending its case by case. But
right now the way things are in place right now. If an
officer have the same finding for a row, 14 violation, the
recommended penalty leaving Dia is separation. But like I
said, things can change through remembers Collective bar.
Bradenton.
Brighten agreement, which can you do with a lesser penalty.
If you can provide through the chair in writing
confirmation of whether expungement is still something
possible because I follow your points completely that. Even
if it starts as a recommendation, sometimes there are
processes that will ultimately result in a member leaving
the department. However, I think there's a real cause for
concern.
If they.
If there is a sustained finding that, that is expunged. And
then potentially that person is continuing to do work where
weather there in Patrol or detectives or something else.
They could potentially be called upon to provide testimony
in court. And that were either not complying with certain
obligations to share that officers background with defense
attorney or if that gets to them. And then someone seeks to
a peach them on the stand, which I think is the situation.
None of us want to be in. So I'm already through the chair
can be helpful and then my last question is, if it in those
situations were obviously, we know we have at least a
hundred officers point in time that have sustained rule,
14, violations, that, that the Department's aware of and do
that sustained. Finding obviously, that has negative
implications for their ability to participate in criminal
proceedings. What sort of Duty's are those officers is a
group able to
With.
With ncpd, a lot of those officers work in, make a district
radio rooms where they are out of the side of the public
are relegated to desk duties to administrative duties, some
of those officers probably found their way and they might
be selling, a training academy event. They going to be put
in positions and locations where they are not interacting
with the public on a daily basis. Because he
Turn off.
An officer.
And officers that are a half, a payroll in 14 violations,
that work to the desk Duty, they typically interact with
the public and writing reports that sometimes comes in a
problem. So we can the most part they are these officers
are not
In the back, behind the front desk there, more. So in the
radio rooms are other locations within different units in
the police department where they're not interacting with
the public, on a daily basis understood. I will just knows
that when we looked at those approximately 110, CD members,
who are or recently employed by CPD with the same roof
working violations. There were some who were beat officers
and detectives. So, I do that mean generally speaking. Be
the case, unfortunately, there are instances where we have
office with the same row. 14 violation still in positions
where they may need to testify or beer.
Complete task that we expect of CPD members. And it's hard
to protect people from crimes that we can't prosecute. So
that is a big issue. I'm in just briefly circling back, our
specific recommendation, which is the fifth recommendation,
I'm in the rule. 14 report was that CPD should maintain
accurate records, which permits the identification of all
members with rule 14 history. But the fellow is doesn't
specify that they should not expose those violations, but
it is implied by a general recommendation. In the
Department's response was that the department agrees that
it should maintain accurate records, which identify those
members with the same rule, 14 violations of the department
continues to work through the consolidation of its former
databases to ensure that this information is captured
correctly in the systems to allow accurate reporting. So
there was agreement to their recommendation. But again
That is generally speaking and implied as opposed to
getting at that specific issue which we identified in the
report, Debbie Moore. If you can provide through the chair,
a number of weather currently there are any Patrol officers
or detectives or working in those positions with a roof
with appreciate that Altima glasses.
Thank.
Thank you, Sharon. I am incredibly gas-lit hearing. Just
answer the prior question cuz
I'll see.
I'll start the beginning. I, I wanted to be separated clear
that something I think is in agreement on the fact that
some of those officers were sustained, real, 14 can be
training. Other officers is a huge concern.
I just want.
I just want to for you, or do you have an example of this?
And I think this is why I was hearing. The answer is going
to do, is bring your motion out there. I'm trying to
contain because in the 40th, Ward, we had officer Robert
Baker, who are, we found out lied about being in a proud
boy meeting, and the reason we found that I was through
arbitration. Not any other means? So, y'all were tracing.
Allowed us to find the information and also protect him
from any accountability for violating, the rule 14. And
we've had multiple meetings about this conversation as far
as officer, Robert Baker, and that's just one example out
of clearly many. That y'all are seeing it. It's concerning
one because that information would not have been
ascertained. But for that arbitration in that case, further
concerning, as we're having the conversation about
arbitration, moving forward.
it's a
So if I do appreciate the police board in Copa, are in
agreement here. But if we're moving forward with any of the
Supreme Court ruling that occurred, and the officers have
any ability to do arbitration and not go to the police
board, with the police board, feels about this matter, may
not matter. And so are the reason why I wanted to make sure
that on the record I was talking about. That is it's going
to come before the council at some point. We're looking at
this conversation of arbitration at whether to the Apple be
a green mint or having a boat something in the ratify it.
So so it's less of a question more of a statement that if
we don't do the right thing as it pertains to this
conversation, we're going to be less safe, not only from a
city standpoint as far as to stop down the street. But
physically. So because of the openings that didn't happen
to the officers who may have the same Route, 14 didn't have
to testify for everything else and we could find ourselves
in in really deep, water financially, when we already have
so many misconduct cases that were responsible for. So I
just
I would really like you to chair recommendations on what we
can do to do municipal code to address any level of this
knowing that I was he some of this is in agreement with a
union but knowing that we need weather for porting with a
certain expectations me to be fighting for when it comes to
these agreements. That rules for teens that are 16 showing
in no uncertain terms be folks that should not be with the
force. Should definitely not be training all men. Just want
to make sure I set on the record. So thank you.
Miguel Duran.
Okay.
Okay, I don't see any other Alders with hands raised there
being no further business before the committee. Can I get a
motion to adjourn on Rebecca? Some lose all those in favor.
Say aye all those opposed in the opinion of the charity ice
habit. This meeting is adjourned. Thank you all.
Thank you. We'll be reaching out of my auditing on.