Elite  Performance  Assessment   Consultants,  LLC   Independent Monitor of the Cleveland Division of Police Request © July 6, 2015 Carole S. Rendon First Assistant U. S. Attorney U. S. Attorney’s Office Northern District of Ohio 801 West Superior Avenue Suite 400 Cleveland, Ohio 44113 Carole.Rendon@usdoj.gov Rashida J. Ogletree Trial Attorney U. S. Department of Justice Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Rashida.Ogletree@usdoj.gov Barbara A. Langhenry Director of Law City of Cleveland Department of Law 601 Lakeside Avenue. Suite 106 Cleveland, Ohio 44114 Blanghenry@city.cleveland.oh.us Subject: Request for Proposal for the Independent Monitor of the Cleveland Division of Police Dear Ms. Rendon, Ms. Ogletree and Ms. Langhenry: As President of Elite Performance Assessment Consultants, LLC, I am pleased to provide you with our Request for Proposal for the Independent Monitor of the Cleveland Division of Police. Attached to this letter is an outline of our plan for assisting the Court, the Parties, and the Cleveland community in assessing and promoting the City’s compliance with the Consent Decrsee. We appreciate your review of these materials and look forward to hearing from you soon. My contact information is listed below. Sincerely, Randy Khatami, CFE, CFS, CLEA, CRMA President E-mail: rkhatami@elitepacllc.com Phone: 805-231-2836 880 Hampshire Road, Suite “X” Thousand Oaks, CA. 91360 Phone: (805) 231-2836 E-mail: info@elitepacllc.com Website: www.elitepacllc.com Elite Performance Assessment Consultants, LLC Table of Contents EXECUTIVE  SUMMARY  ........................................................................................................................................  2   PERSONNEL  ............................................................................................................................................................  3   QUALIFICATIONS  ...............................................................................................................................................  15   PRIOR  EXPERIENCE  AND  REFERENCES  ......................................................................................................  20   PROPOSED  ACTIVITIES  ...................................................................................................................................  21   POTENTIAL  CONFLICTS  OF  INTEREST  OR  BIAS  ......................................................................................  28   ESTIMATED  COSTS  ............................................................................................................................................  28   YEAR 1:  ..................................................................................................................................................................................  28   YEAR 2:  ..................................................................................................................................................................................  29   YEAR 3:  ..................................................................................................................................................................................  30   YEAR 4  ...................................................................................................................................................................................  31   YEAR 5  ...................................................................................................................................................................................  32   Independent Monitor of the Cleveland Division of Police Request Page 1 Elite Performance Assessment Consultants, LLC EXECUTIVE SUMMARY Elite Performance Assessment Consultants, LLC (EPAC) is honored to submit its request to provide services as the Independent Monitor, as required by the United States District Court for the Northern District of Ohio (“Court”), United States v. City of Cleveland (“City”). Elite Performance Assessment Consultants hereby proposes a team of law enforcement professionals, attorneys, law enforcement auditors, and scholars, to be selected as the Independent Monitoring Team, pursuant to the Consent Decree (CD). Led by Dawn Reynolds, this proposal provides a team of qualified professionals with experience in negotiating and implementing consent decrees, assessing and measuring police programs, implementing programmatic and structural change, and achieving compliance with consent decrees. Their expertise and experience includes the following areas: 1. Community Engagement and Building Trust 2. Community and Problem-Oriented Policing 3. Bias-Free Policing 4. Use of Force 5. Crisis Intervention 6. Search and Seizure 7. Accountability 8. Transparency and Effective Oversight 9. Officer Assistance and Support 10. Supervision 11. Policies Team members have executive police management experience and training. The team also possesses unique expertise in its ability to provide hands on training and mentoring in conducting systemic, statistically reliable audits and assessments. Our work with the parties and stakeholders will achieve the desired stainable cultural changes in the department, ensure constitutional policing, promote transparency and accountability, and build community trust. This team is made up of attorneys, police executives, law enforcement performance auditors, IT experts and skilled instructors with the proven ability to provide both qualitative and quantitative assessments of critical compliance areas enumerated in the CD and provide technical assistance. The role of the Independent Monitor is defined as stipulated within the CD. Ms. Reynolds will serve as the Independent Monitor and direct the team to complete the tasks in accordance with the requirements of the CD. The scope of the monitoring program will encompass three phases as described in the Proposed Activities section of this document. Audits, assessments and Independent Monitor of the Cleveland Division of Police Request Page 2 Elite Performance Assessment Consultants, LLC inspections will be conducted in accordance with U. S. Generally Accepted Government Auditing Standards (GAGAS). Timeline for Accomplishing Tasks • 45 Days o Review and recommend any changes to the outcome measures detailed in section XIV of the CD. o Present an Annual Audit Plan. • Three Month o Develop a monitoring and methodology plan for conducting compliance reviews and outcome assessments, and submit the plan to the parties for review and approval. o This plan shall contain the information delineated in section XIV, paragraph F. • Six Months o The monitor shall submit a proposed methodology for the assessment or review to the parties at least three months before the initiation of any outcome measure assessment of compliance review. • One – Four Years o The monitor shall conduct comprehensive compliance assessments. • Four Years and Six Months o The monitor shall conduct a comprehensive outcome assessment to determine whether and to what extent the outcomes intended by the CD have been achieved, and whether any modifications are necessary. PERSONNEL Independent Monitor (IM): Dawn Reynolds, JD, CLEA, CPO Ms. Reynolds is the Vice President of EPAC. She brings to the project expertise in several key areas relevant to monitoring responsibilities under the Cleveland CD. These include criminal law, civil rights, working with civilian oversight systems and performance auditing. She currently serves as a board member for the National Association for Civilian Oversight of Law Enforcement (NACOLE) and is a Certified Practitioner of Oversight (CPO). As chair of the NACOLE Strategic Planning Committee, she has worked to develop best practices and ongoing regional training and training in legal standards applicable to police oversight. Ms. Reynolds is an experienced attorney, mediator, auditor and training instructor. She has experience in auditing and reviewing internal affairs investigations, civilian complaint systems, community policing, problem-oriented policing, SARA, critical force incidents, warrants, arrests and use of force. She has conducted audits for the City of Eugene, the Oakland Police Department and the King County Sheriff’s Department in Seattle. Independent Monitor of the Cleveland Division of Police Request Page 3 Elite Performance Assessment Consultants, LLC She served on the federal criminal appeals panels in the states of Oregon and Washington and handled direct appeals and habeas petitions. Her criminal legal background also includes working with three federally recognized Indian tribes. While in private practice, she served as an American Civil Liberties Union (ACLU) cooperating attorney representing individuals and groups in civil litigation and administrative appeals against government entities including municipal governments, school districts, public hospitals and universities. She has taught Alternative Dispute Resolution at the University of Idaho and has taught Evidence and Criminal Procedure in the Criminal Justice program at Washington State University. She is certified through the California Commission on Peace Officer Standards and Training (POST)/Robert Pressley Institute of Criminal Investigation (ICI) instructor, wherein she instructs Police Performance Auditing and Presenting Courtroom Evidence. She holds a Bachelor of Arts and Master of Arts degrees from the University of Washington (summa cum laude) and earned her Juris Doctor (JD) from the University of Idaho (Honors). She received her certification in mediation from the University of Washington Law School in 1994. Ms. Reynolds has a Certified Law Enforcement Auditor (CLEA) designation from the Internal Law Enforcement Auditors Association (ILEAA). Assistant Monitor (AM): Randy Khatami, CFE, CFS, CRMA, CLEA Mr. Khatami is the President of EPAC, and a consultant specializing in law enforcement auditing and internal investigations. Currently, Mr. Khatami oversees the EPAC audit team conducting internal audits related to the Negotiated Settlement Agreement (NSA) between Delphine Allen, et al. (plaintiff) and the City of Oakland, et al. (defendant). These audits include search warrants, community relations, complaint investigations, internal affairs selection process, performance evaluations, Oleoresin Capsicum Inventory and review of the Oakland Police Department’s (OPD) policies and procedures. Mr. Khatami has completed complex audits relating to the Los Angeles Police Department (LAPD) Consent Decree in the areas of search warrants, uses of force, arrest, booking and charging reports, complaint investigations, performance evaluations, racial profiling, command accountability, confidential informants, and Gang Enforcement Detail selection criteria. He has also reviewed LAPD policies and procedures. Mr. Khatami is an expert in auditing officer-involved shootings. In the past 10 years, he has audited more than 300 officer-involved shooting investigation reports and has made numerous recommendations to enhance LAPD’s officer-involved shooting investigative process. As the President of EPAC, Mr. Khatami has also provided consulting and auditing services for Riverside Police Department, Atlanta Police Department, and Nashville/Davidson County Police Department. Mr. Khatami is a certified California POST/ICI instructor, wherein he instructs Police Performance Auditing. As a member of the LAPD Basic Law Enforcement Performance Auditor Course (BLEPAC) instructor cadre, he provided instruction to approximately 40 different law Independent Monitor of the Cleveland Division of Police Request Page 4 Elite Performance Assessment Consultants, LLC enforcement agencies, including the California Highway Patrol (CHP), Detroit (DPD). Oakland, San Jose, Denver, Indianapolis, Phoenix, Portland Police Departments, Calgary and Edmonton Canada Police Services, and San Diego Sheriff’s personnel. Mr. Khatami teaches at EPAC’s Advanced Auditors Course providing instruction for police managers and civilian oversight professionals from agencies as diverse as the CHP, New Orleans Office of the Independent Monitor, Oakland Police Department and Westminster Police Department. Mr. Khatami received his Bachelor of Science degree in Psychology from California Lutheran University. He is a Certified Fraud Examiner (CFE), a Certified Fraud Specialist (CFS), Certification on Risk Management Assurance (CRMA) and a Certified Law Enforcement Auditor (CLEA). Mr. Khatami is a graduate of the Los Angeles County Sheriff’s Department, Deputy Leadership Institute. Executive Advisor (EA): Gerald Chaleff, JD Mr. Chaleff is a consultant in law enforcement management. He has negotiated consent decrees, implemented consent decrees and worked with parties to ensure compliance. Mr. Chaleff was President of the Los Angeles Police Commission, the civilian oversight body of the LAPD. He was a member of the City of Los Angeles’ negotiation team in its negotiations with the U. S. Department of Justice, which resulted in a consent decree. Chief of Police William J. Bratton appointed Mr. Chaleff to the LAPD in January 13, 2003, to serve as the Chief of the Consent Decree Bureau, to lead the Department’s efforts to achieve compliance with the consent decree. This was achieved. In 2009, Mr. Chaleff’s position change to the Special Assistant for Constitutional Policing and he held that position until retiring in 2013. He was responsible for the operations of the Department’s Risk Manager, Planning and Research Division, Legal Affairs Division, Internal Audits and Inspections Division (IAID), and Fiscal Operations Division. Mr. Chaleff oversaw the Risk Manager’s duties that included workplace and retaliation issues. He supervised the Planning and Research Division, and was responsible for scripting the Department’s policy and procedures. Mr. Chaleff was responsible for the coordination of all lawsuits involving the Department. He also oversaw the IAID. This division was responsible for conducting audits including consent decree police performance audits. Mr. Chaleff was also a member of the negotiating team for the City of New Orleans in its negotiations with the U. S. Department of Justice. The New York Police Department (NYPD) presently retains Mr. Chaleff to consult with NYPD issues relating to a federal court order and to assist the Department in its relationship with the newly created Office of the Inspector General (OIG). Additionally, he is consulting on use of force issues. Independent Monitor of the Cleveland Division of Police Request Page 5 Elite Performance Assessment Consultants, LLC Mr. Chaleff is nationally recognized as an expert in criminal law. He has served as an attorney both in the Los Angeles County District Attorney's Office and the Public Defender's Office. He received his Bachelors of Science Degree from the University of California, Los Angeles and is a graduate of Harvard Law School, receiving his Juris Doctor (JD). Technical Advisor (TA): Brian Brewer Chief Brewer (Retired) is a senior law enforcement professional whose career spans nearly 30 years of public service. He served as the CHP Valley Division Assistant Chief from 20082011, prior to his retirement. During this assignment, he was charged with overseeing in excess of 1,000 departmental personnel assigned to 19 Northern California field commands including California’s State Capitol, Sacramento. His work resulted in the transformation of a troubled agency into one that was more transparent, accountable and effective. Chief Brewer’s proven leadership skills and ability to establish effective policing programs throughout diverse communities will be an asset to CDP Executive Staff. He excels in his skillset for his recruitment, hiring and retention efforts; oversight of background investigations; implementation of mandated and departmental training; dissecting administrative investigations and sanctioning discipline for misconduct; preparation and review of annual performance appraisals; review of promotional readiness packages and provision of proper recommendation; handling and review of “Threshold” or “High Risk” Incidents including excessive force and pursuits; negotiating and drafting Memorandums of Understanding between agencies and media relations; and identifying policy and procedural compromise resulting in exposure to liability and limiting risk of liability by taking swift, appropriate corrective action. Additionally, Chief Brewer has extensive experience working with one of the largest and most proactive police associations in California. Chief Brewer has extensive experience managing specialized high risk law enforcement units and in changing cultural values to ensure constitutional policing standards. These include Warrant Service Teams, Air-Operations, Auto and Drug Task Forces, Special Investigations Units and Special Response Teams to Civil Unrest incidents including the aftermath of the Rodney King incident and the Bay Area Riots. Technical Advisor: Sandy Jo MacArthur Assistant Chief MacArthur (Retired) has an inspiring career spanning over 29 years of dedicated service with the LAPD. Her extensive history is founded in police operational, administrative and command experience. The complexity and sensitivity of her professional assignments demonstrate her understanding and recognition of the importance of leadership in the areas of human relations, discrimination, conflict resolution, tactics, training delivery and use of force. Chief MacArthur’s journey through the ranks at LAPD began in operations, which included patrol, vice, and Special Problems Unit assignments. Administrative assignments in training, Ombuds, media relations, and Adjutant to Chief William J. Bratton advanced her professional and leadership experiences. Her work in these areas yielded important organizational changes for the Department. After being promoted to Captain and assigned to the Civil Rights Integrity Division, Chief MacArthur was responsible for overseeing implementation of all Federal Independent Monitor of the Cleveland Division of Police Request Page 6 Elite Performance Assessment Consultants, LLC Consent Decree requirements. In this position, she played a significant role in achieving substantial compliance with the Federal Consent Decree entered into between the City of Los Angeles and the United States Department of Justice. As a result of collaboration with key internal and external partners, the Consent Decree was lifted in July 2009. Recognized for her leadership skills and management abilities, Chief MacArthur had repeatedly been selected to implement and oversee significant operational programs. In 2008, she was promoted to Deputy Chief, Commanding Officer of Incident Management and Training Bureau. As a result of the attacks on September 11, 2001 and the Mumbai, India, tragedy, she developed a comprehensive tactical strategy that integrates and aligns both strategic and tactical responses by local, state and federal agencies. Chief MacArthur continued to foster efforts to engage local communities by building collaborative partnerships and educating Department personnel. Most noteworthy, over the past five years, she had skillfully led challenging LAPD initiatives including Federal Consent Decree implementation, the MacArthur Park investigation, 21st Century Mobile Field Force Training, the Multi-Assault Counter Terrorism Action Capabilities (MACTAC) regional training, and the redesign of the recruit-training program. To meet the training needs and continue the development of executive level staff and command officers within the Department, Chief MacArthur established the Leadership Enhancement And Development (LEAD) training program conducted on a quarterly basis. Recognizing the need to bring training beyond the walls of LAPD and to establish an ongoing pipeline for new recruits, Chief MacArthur created a program in which 30 high school seniors from the Los Angeles Unified School District spent a semester at the LAPD Academy, learning about law enforcement careers and earning high school and college credits. The Police Orientation and Preparation Program (POPP) was launched in September 2009. Chief MacArthur was viewed by many as an important driving force behind the Department’s commitment to embrace a style of policing that draws from the community, develops public trust, improves race relations and solves problems in a collaborative manner. Chief MacArthur is committed to reducing crime, while maximizing training resources, even during difficult budgetary conditions. Chief MacArthur joined the LAPD in 1980 after receiving a Bachelor of Science degree in Criminal Justice from Arizona State University, graduating Cum Laude. In 1997, she obtained a Master Degree in Behavioral Science, graduating with honors and specializing in Negotiations and Conflict Management, from California State University, Dominguez Hills. Technical Advisor: Rudolph Landin Deputy Chief Landin (Retired) began his law enforcement career in 1970 with the New York City Transit Police Department, and in 1973 joined the New York City Police Department where he served for 34 years. Starting as a patrol officer in Manhattan and Bronx subways and on the streets of Washington Heights, he was promoted through the ranks to the position of Deputy Chief. As a Deputy Chief, he served as the Executive Officer, Patrol Borough Staten Island where he helped manage all police operations within the borough. Prior to that, he held the rank of Inspector with assignments in Patrol Services Bureau where he served as Counter Terrorism Coordinator, Zone Commander in the Internal Affairs Bureau, and Adjutant in Patrol Borough Brooklyn North. Independent Monitor of the Cleveland Division of Police Request Page 7 Elite Performance Assessment Consultants, LLC He served as Commander of Housing Borough Bronx/Queens where he directed uniformed operations of the three Police Service Areas covering all public housing developments in those boroughs. As Captain and Deputy Inspector, Chief Landin commanded the 25th Precinct and the Applicant Processing Division and was Executive Officer of the 5th Division in Manhattan North. He was also assigned to the Civilian Complaint Review Board (CCRB) in the 1980s when it was part of the Police Department, and in that role he both investigated complaints and supervised investigations. Mr. Landin is a current Board Member of the CCRB and was appointed to this position in February 2012. Chief Landin is a graduate of the FBI National Academy. He received his Bachelor of Arts degree from John Jay College of Criminal Justice of the City University of New York. Technical Advisor: Arthur Miller Chief Miller is a Senior Law Enforcement Expert for EPAC. Currently, he is the Chief of Police of the South Pasadena, California, Police Department (SPPD) and has over 34 years of law enforcement experience. Prior to becoming the chief of SPPD, Chief Miller retired from the LAPD as a captain. His experience as a staff and command officer is vast, with a wide variety of experience in human resources, emergency operations, training, department media spokesperson and professional standards. As a captain with the LAPD, Chief Miller was the Patrol Commanding Officer of Hollywood Area. He commanded the uniform police officers, worked with community members to establish a permanent foot beat in the established Entertainment District in Hollywood. He was also responsible for providing law enforcement services to a 10 square mile area with a diverse population of approximately 200,000. Chief Miller then transferred to the LAPD's Southwest Area as the Patrol Commanding Officer. Chief Miller was then assigned as the Assistant Commanding Officer of LAPD's Metropolitan Division, where his command responsibility involved managing several specialized units that included special weapons and tactics (SWAT), K-9, Horse Mounted Unit, Under Water Dive Unit, Crime Suppression Platoons, Administrative Operations, Security Details for the Chief of Police, Mayor and City Attorney, Cadet Program and the Crime Analysis Detail. Chief Miller’s educational background includes a Master’s Degree in Organizational Leadership from Woodbury University and an Undergraduate Degree in Business Administration from the University of Phoenix. He also attended numerous specialized training courses, which include Certificate-Emergency Response to Critical Incident, Command Post; Graduate-FBI National Academy; Graduate-California Commission on POST Supervisory Leadership Institute; West Point Leadership Program; POST Management School; POST Supervisory Leadership Institute, Instructor Course; Juvenile Procedures; Advanced Field Officers Course; Supervisory Development Course; Tactical Communications Course; Interview and Interrogation Course; Civil Unrest Response; Quality Leadership Seminar; Sexual Harassment; Watch Commander School; Cultural Awareness; Standardized Emergency Management Systems; Problem Oriented Policing; Affirmative Action for Supervisors; Informant Management and Control; Ethical Independent Monitor of the Cleveland Division of Police Request Page 8 Elite Performance Assessment Consultants, LLC Decision Making; Tools for Tolerance; Retaliation Prevention; Incident Command System; Bicycle School; and, Urban Police Rifle. Chief Arthur Miller was also the recipient of LAPD’s top three prestigious awards for heroism. He is a recipient of the Police Star, Police Medal and the department’s highest award, the Medal of Valor. He was the only officer on the LAPD to receive all three of the department’s highest awards. Technical Advisor: Marcos F. Soler Mr. Soler is the Deputy Executive Director (DED) for Policy and Strategic Initiatives at the New York City Civilian Complaint Review Board (CCRB). He joined the CCRB in 2001. The CCRB is the largest civilian oversight agency in the United States. As DED, he oversees the preparation of qualitative and quantitative analyses, policy memoranda, monthly and semi-annual reports and public testimony. He designs and monitors the implementation of organizational strategies and policy initiatives for the Board. During the past twelve years, he has presented his research on civilian oversight of law enforcement to domestic and international audiences. Mr. Soler is a graduate of the New York City Leadership Institute, which is the main organizational and executive development program for City’s executives and senior managers. As part of this program, he conceptualized and developed policy initiatives concerning behavioral assessment and recidivism for the New York City Department of Juvenile Justice. Mr. Soler is an Adjunct Professor of Political Science at John Jay College of Criminal Justice (City University of New York). Since 2005, he has taught senior seminars on judicial policies and processes, civil rights and liberties, and constitutional politics. Since 2011, he has been a Visiting Professor of Constitutionalism at the Technical University of Dresden (Germany). Mr. Soler served on the Board of Directors of the National Association of Civilian Oversight of Law Enforcement (NACOLE) from 2009 to 2012. He was NACOLE’s Treasurer and Chair of the Membership Development and Outreach Committee and served on the Finance and Strategic Planning Committees. Mr. Soler is currently a Ph.D. candidate in Political Science at The New School, New York, where he also earned a Master of Science in Management and Policy Analysis. He began his undergraduate education in Europe studying philosophy and law. Mr. Soler obtained graduate degrees in Legal Theory (LLM), Constitutional Law (Diploma), Law and Society (MA), and Jurisprudence (Ph.D.). He was a Research Fellow in Jurisprudence at the University of Valencia Law School (Spain) and at the Spanish Center for Constitutional and Political Studies (Madrid, Spain). Technical Advisor: Chris Burbank Chief Burbank has been with the Salt Lake City Police Department since 1991. Appointed to the position of Chief of Police in March 2006, he became the 45th Chief of the Department. Chief Burbank has been an outspoken opponent to the cross deputization of police officers as immigration enforcement agents. He has participated in several national conferences regarding the issue, including the U.S. Department of Justice’s Civil Rights Division’s 2009 Title VI Independent Monitor of the Cleveland Division of Police Request Page 9 Elite Performance Assessment Consultants, LLC Conference. In May 2010, Chief Burbank and nine other police chiefs met with Attorney General Eric Holder regarding Arizona immigration laws. During the last two years, he addressed the House of Representatives Committee on the Judiciary regarding racial profiling and civil rights issues. Chief Burbank was chosen by the Salt Lake Tribune as Utahan of the Year for 2011. The State’s largest newspaper cited his handling of several high profile protest incidents and stated, “Burbank’s stature as a community leader, including a willingness to endure threats and criticism over his position on immigration enforcement, is noteworthy at a time of ebbing confidence in those elected to govern.” Chief Burbank was honored for his work on behalf of the women and children, who live, play and grow by the YWCA Salt Lake City as the 2010 Public Official of the Year. Additionally, in 2010, the Utah Minority Bar Association recognized him as their Honoree of the Year for his service to minority communities and dedication to diversity. In May 2009, Chief Burbank received special recognition from the ACLU of Utah for work in protecting immigrant civil rights. In June 2009, he was recognized by the Latino Community Center for his dedication to community policing in building and maintaining a great foundation with the Latino community. Additionally that year, Chief Burbank received the Vicki Cottrell Community Hero Award from the Utah National Alliance on Mental Illness for assistance to individuals suffering from mental illness. Chief Burbank was appointed a Venue Commander during the 2002 Salt Lake City Winter Olympic Games, also serving as a liaison to the U.S. Secret Service during the Games. He was recognized by Director Brian Stafford, United States Secret Service, for outstanding cooperation in support of its protective mission, by Utah Governor Michael Leavitt for his contribution to the law enforcement volunteer program, and by Major General Brian L. Tarbet, Adjutant General, Utah National Guard, for exceptional meritorious service in support of the Games. Chief Burbank has a Bachelor of Science degree in Sociology from the University of Utah and is a graduate of the FBI’s National Executive Institute (NEI), Class XXX and serves on the Board of Directors for the NEI Associates. Chief Burbank serves as the First Vice President of the Major Cities Chiefs Association, an assembly of the 69 largest policing agencies in the United States and Canada. He served as the Chair of the Valley Police Alliance during its inception and is proud to sit on the Utah POST Council. Technical Advisor: Christopher Figueroa, DPA, CGAP, CFE, CFS, CRMA, CLEA Dr. Figueroa is the Director of Training for EPAC, and a retired Police Detective III with the LAPD, Audit Division (AD). He was the Officer-in-Charge of the Audit Training Section at AD. Dr. Figueroa had 33 years with the LAPD and was assigned to patrol, field training officer, traffic collision investigator, background investigator, field detective, detective training, and an internal auditor. Independent Monitor of the Cleveland Division of Police Request Page 10 Elite Performance Assessment Consultants, LLC Dr. Figueroa received his Bachelor of Science degree in Business Administration and Management from the University of Phoenix. He received his Master of Arts degree in Behavioral Science, Conflict Negotiation and Resolution from California State University, Dominguez Hills. He is a Doctor of Public Administration from the University of La Verne with an emphasis in the field of law enforcement performance auditing and organizational development. Dr. Figueroa is a Certified Government Auditing Professional (CGAP), CFE, CFS, CRMA and CLEA. He has conducted law enforcement performance audits for the Riverside, Oakland, Nashville/Davidson County Police Departments and LAPD. He is also a member of the instructional staff of the Association of Certified Fraud Specialists (ACFS). Dr. Figueroa is an advisory board member of ILEAA and Abraham Lincoln University in Los Angeles, California. He has lectured in the field of law enforcement performance auditing for the ACFS, NACOLE and ILEAA. Dr. Figueroa is also a board member of Calvary Chapel Solid Rock Church in Chino Hills, California. Dr. Figueroa was the instructional designer of the first Basic Law Enforcement Performance Auditor Course (BLEPAC) in the United States that is certified by California POST and the Michigan Commission on Law Enforcement Standards (MCOLES). This course was presented by the LAPD, and iterations were presented to the DPD and CHP, wherein Dr. Figueroa was the course administrator. Approximately 40 different law enforcement agencies, including Oakland, San Jose, Denver, Indianapolis, Phoenix, Portland Police Departments, Calgary and Edmonton Canada Police Services, and San Diego Sheriff’s personnel attended the BLEPAC courses administered by Dr. Figueroa. He was also responsible for the development of the same course presented to the San Jose Police Department by San Jose State University’s Administration of Justice Bureau. Alameda Police Department personnel also attended this course. Dr. Figueroa is also the instructional designer of the first Advanced Law Enforcement Auditor Course for Executives and Managers in the United States that was certified by California POST. This course, presented by EPAC and administered by Dr. Figueroa, consisted of students from the CHP, New Orleans Office of the Independent Monitor, Oakland and Westminster Police Departments. He is a certified California POST/ICI instructor and a graduate of the California POST Master Instructor Development Program (MIDP). As a Master Instructor, Dr. Figueroa is responsible for course design, and the training and evaluation of law enforcement instructors through out California. Dr. Figueroa also graduated from the Technology, Training Design and Development Course at the University of Southern California (USC). Technical Advisor: Sergio Sais, CGAP, CFE, CLEA Mr. Sais is the Director of Auditing for EPAC and a professional law enforcement auditor. He is a retired Police Sergeant II with the LAPD, Uniformed Support Division where he specialized in incident command system training, command post operations and major incident response. Independent Monitor of the Cleveland Division of Police Request Page 11 Elite Performance Assessment Consultants, LLC Mr. Sais had over 20 years with the LAPD and was assigned to patrol, field training officer, administration, and as a field supervisor. As a professional law enforcement auditor, Mr. Sais was responsible for conducting consent decree audits, which included use of force investigations, complaint investigations, search warrants, and gang enforcement detail selection. Additionally, he was responsible for coordinating and directing the LAPD’s response to the Inspector General and Independent Monitor inquiries regarding those audits. Mr. Sais has also provided auditing and consulting services to the Los Angeles Fire Department’s Arson and Counter Terrorism Section (ACTS), where he conducted audits to determine the quality of ACTS’s arson investigations. He also provided assistance in developing procedures for streamlining supervisory oversight of the investigations. Mr. Sais is a certified California POST/ICI instructor, wherein he instructs Police Performance Auditing/Capturing Fieldwork Data, Audit Planning, Audit Work Plans, and Fieldwork Analysis for the LAPD BLEPAC. As a member of the LAPD BLEPAC instructor cadre, he provided instruction to approximately 40 different law enforcement agencies, including the CHP, Oakland, San Jose, Denver, Indianapolis, Phoenix, Portland Police Departments, Calgary and Edmonton Canada Police Services, and San Diego Sheriff’s personnel. Mr. Sais obtained his Bachelors Degree in Public Administration from USC, and a Master of Public Administration from California State University, Northridge. He is a CGAP, CFE, and CLEA. Technical Advisor: Jeri Weinstein After 30 years with the LAPD, Commander Weinstein (Retired) developed an extensive and diverse foundation of experience, competencies, skills, and knowledge. She served as a Commander, Captain, Lieutenant, and Sergeant with multiple command, management, and supervisory assignments. Her experience includes working as a detective, patrol officer, and Youth Services Counselor. Presently, Commander Weinstein is a consultant and private investigator for the Norman A. Traub Associates, conducting public agency workplace investigations, workplace assessments and employer strategies for workplace litigation. She retired as a Police Commander from the LAPD and was the commanding officer of Employee Relations Group and the Department's Employee Relation Administrator. Employee Relations Group represents the Office of the Chief of Police (OCOP) in all employee relation matters, including contract negotiations with various representative units, which represent Department sworn and civilian employees. Employee Relations Group also conducts investigations on grievances and represents the OCOP in all arbitration resulting from grievances. They prepare legislative analysis, handle meet and confer requirements of the OCOP and conduct other duties as directed by the Chief. Independent Monitor of the Cleveland Division of Police Request Page 12 Elite Performance Assessment Consultants, LLC As a police captain, Commander Weinstein was the commanding officer of Risk Management Division, Work Environment Liaison Division (Ombudsman), Criminal Investigation Division/Internal Affairs Group and West Valley Area Patrol Division. As a police lieutenant, she was a bureau adjutant for a deputy chief, the officer-in-charge of Internal Affairs Group Administrator Section and the administrative lieutenant for Pacific Area. Commander Weinstein was a watch commander, complaint investigator, gang unit supervisor, detective and field training officer. She was also a youth service counselor with the Beverly Hills Police Department and a reserve police officer with the Culver City Police Department. Commander Weinstein earned a Master of Education degree in Organizational Leadership from Northcentral University, Chicago, Illinois. She also earned a Master of Social Work degree and Bachelor of Science degree in Psychology from the University of Illinois. Commander Weinstein attended the LAPD Basic Law-Enforcement Performance Auditor Course, The Role of the Chief of Police Course presented by the California Police Chiefs Association, the California POST Executive Development Course and Command College. She has over 2500 hours of advanced and wide ranging law enforcement training in the areas of leadership and communication skills, personnel and division management, investigative proficiency, future forecasting and scanning, risk assessment and management, change management, labor relations and negotiations, decision-making and problem-solving, critical thinking, internal investigation and discipline, project development and oversight, critical incident management. Commander Weinstein has a State of California teaching credential. Commander Weinstein accomplishments with the LAPD were leading the Department with 100% divisional compliance during the Federal Consent Decree. This included developing strategies, systems, checklists, audits and teams to ensure compliance. She also revamped the LAPD Ombudsman Office with new investigative protocols, training and policy manual. Commander Weinstein developed the first racial profiling/biased policing policy for the Department. She led the LAPD internal affairs team responsible for the 2007 May Day/MacArthur Park use of force misconduct investigation and created a state-of-the-art investigative model. Commander Weinstein created and led a team responsible for 118 protocols, developed as a result of a settlement agreement involving a lawsuit against the LAPD. This included developing team leaders, conducting research, creating and implementing policy, and working with an independent monitor to ensure compliance facilitating completion of the settlement without penalties and sanctions. As the commanding officer of Risk Management Division, she conducted risk assessments and created "lessons learned" for Department commanding officers. Commander Weinstein successfully led contract negotiations for the LAPD, with labor unions and the city of Los Angeles. She represented the chief of police in all union negotiations, grievances, meet and confer issues, and problem solving on employee issues related to wages, hours, and working conditions. Commander Weinstein also served as the liaison with Employee Relations Board Director, City Administrative Officer and the City Attorney. Independent Monitor of the Cleveland Division of Police Request Page 13 Elite Performance Assessment Consultants, LLC Information Technology Systems Specialist (ITSS): John Doucet Mr. Doucet is a Police Performance Auditor for the LAPD’s Special Assistant for Constitutional Policing. Prior to that assignment, He was assigned to IAID as an auditor and a full-time collateral position in the Audit Training Section. In this position, he was responsible for coordinating the LAPD BLEPAC. He is a POST/ICI certified instructor. In November of 2007, he was assigned as the project manager for the acquisition, installation, and implementation of CCH/Wolters Kluwer “TeamMate” software program, and associated hardware and software. TeamMate is an industry leading audit project and electronic work paper storage software suite. Upon completion of the project, Mr. Doucet was assigned as the system administrator of the software suite for approximately 45 employees. This included both training and support for end users, and back-end administration of the software and respective server. Mr. Doucet is regularly tasked with the creation of databases in Microsoft Access. As an example, his most recently constructed database was used to track the implementation of financial disclosure folders for LAPD sworn personnel. In addition to the above, he was also responsible for providing computer troubleshooting and support for LAPD IAID personnel. This includes providing training and assistance with Microsoft Office 2007 applications. He also coordinated with outside parties for the repair of computer equipment. Mr. Doucet earned his Bachelors of Science degree in Criminal Justice Administration from the University of Phoenix. He earned his Master of Science degree in Information Systems Management – Concentration in Information Security, from the Keller Graduate School of Management. Mr. Doucet pursued his Doctor of Philosophy from Capella University with an emphasis in the field of Information Assurance and Security. His primary area of research was database security in cloud computing environments. In addition to the education listed above, Mr. Doucet has also completed the following Computer Information Systems (CIS) courses: • • • • • • • • • CIS 1A Introduction to Computer Systems; CIS 2 Fundamentals of Systems Analysis; CIS 5 Introduction to C++; CIS 26A Cisco Routing Fundamentals; CIS 26B Cisco Routing Protocols; CIS 26C Cisco LAN Switching and Wireless; CIS 26D Cisco Accessing the WAN; CIS 61 Introduction to Database Theory; and, CIS 62 MS Access DBMS Comprehensive. Mr. Doucet is affiliated with the International Electronic and Electrical Engineers Association and the Association of Certified Fraud Examiners, where he holds a CFE designation. Independent Monitor of the Cleveland Division of Police Request Page 14 Elite Performance Assessment Consultants, LLC Mr. Doucet also has law enforcement experience as a former Immigration Enforcement Agent. He was tasked with the detection, apprehension, and detention of people illegally present in the United States. From August 2003 to August 2006, Mr. Doucet was assigned a full-time collateral position as one of two accreditation managers for the San Pedro, California, Criminal Detention Facility. In this position, he was responsible for ensuring the facility met accreditation mandates set forth by the American Correctional Association. QUALIFICATIONS The EPAC team qualifications include: • Monitoring, auditing, evaluating, or otherwise reviewing performance of organizations, including experience in monitoring settlements, consent decrees, or court orders: Dr. Figueroa, Mr. Khatami, Mr. Sais and Mr. Chaleff will be responsible for these tasks. Dr. Figueroa is a Doctor of Public Administration from the University of La Verne with an emphasis in the field of law enforcement performance auditing, organizational development. He is also a certified auditor with the following designations: CGAP, CFE, CFS, CLEA and CRMA. Dr. Figueroa has conducted law enforcement performance audits for the Riverside, Oakland, Nashville/Davidson County Police Departments and LAPD. Mr. Khatami is a certified auditor with the following designations: CFE, CFS, CLEA and CRMA. Mr. Khatami has conducted law enforcement performance audits for the Oakland, Nashville/Davidson County, Atlanta Police Departments and LAPD. Mr. Sais is a certified auditor with the following designations: CGAP, CFE, and CLEA. Mr. Sais has conducted law enforcement performance audits for the Oakland, Riverside Police Departments, Los Angeles City Fire Department and LAPD. Mr. Chaleff served as the Special Assistant for Constitutional Policing in Los Angeles throughout its consent decree with the U. S. Department of Justice; and he is an expert in consent decrees, settlement agreements, and court orders. • Law enforcement practices, including training, community and problem-oriented policing, complaint and use of force investigations, and constitutional policing: Chiefs Brewer, MacArthur, Landin, Burbank, Miller and Commander Weinstein will oversee the EPAC team responsible for these tasks. As an Assistant Chief with the CHP, Chief Brewer analyzed police practices regarding use of force, pursuit management, investigative methods, risk assessment, and auditing administrative processes. Throughout his career, he has investigated, analyzed and provided recommendations for thousands of police reports, investigations, and law enforcement administrative processes. As an Assistant Chief with the LAPD, Chief MacArthur extensive history is founded in police operations, administrative and command experience. The complexity and sensitivity of her professional assignments demonstrate her understanding and recognition of the importance of leadership in the areas of human relations, discrimination, conflict resolution, tactics, training delivery and use of force. Independent Monitor of the Cleveland Division of Police Request Page 15 Elite Performance Assessment Consultants, LLC As the Chief of Police for the Salt Lake City Police Department, Chief Burbank is responsible for the daily administration of the Department. He is recognized as an advocate for protecting immigrant civil rights. As the Venue Commander during the 2002 Salt Lake City Winter Olympic Games, Chief Burbank was recognized for exceptional meritorious service in support of the Games. Chief Landin has extensive experience in law enforcement practices. As a Deputy Chief, he served as the Executive Officer, Patrol Borough Staten Island where he helped manage all police operations within the borough. Prior to that, he held the rank of Inspector with assignments in Patrol Services Bureau where he served as Counter Terrorism Coordinator, Zone Commander in the Internal Affairs Bureau, and Adjutant in Patrol Borough Brooklyn North. Chief Miller brings operational and tactical experience to the team. As the Chief of the South Pasadena, California, Police Department, he is responsible for the day-to-day operations of the organization. Chief Miller retired from the LAPD as a captain, where he served as the commanding officer of two patrol divisions and as the assistant commanding officer of Metropolitan Division. As the assistant commanding officer of Metropolitan Division, Chief Miller had oversight of SWAT, K-9, Mounted Unit and crime suppression platoon. Commander Weinstein has an extensive and diverse foundation of experience, competencies, skills, and knowledge. She served as a Commander, Captain, Lieutenant, and Sergeant with multiple command, management, and supervisory assignments. Her experience includes being the LAPD’s Employee Relations Administrator, Ombudsperson and Risk Manager • Evaluating the breadth and depth of organizational change, including the development of outcome measures: Mr. Khatami and Dr. Figueroa will oversee the team that will be responsible for these tasks. Mr. Khatami and Dr. Figueroa have extensive experience in designing, planning and implementing law enforcement performance audits for consent decrees, wherein they used qualitative and quantitative analysis to assess progress and performance. • Development of effective quality improvement practices: Mr. Khatami and Dr. Figueroa will oversee the team that will be responsible for these tasks. Mr. Khatami and Dr. Figueroa have extensive experience in designing, planning and implementing law enforcement performance audits for consent decrees, wherein they used qualitative and quantitative analysis to assess progress and performance. • Mediation and dispute resolution: Ms. Reynolds, Chief MacArthur and Commander Weinstein will oversee the team that will be responsible for these tasks. As an attorney and former municipal court judge, Ms. Reynolds has presided over numerous mediation and dispute resolution cases. Independent Monitor of the Cleveland Division of Police Request Page 16 Elite Performance Assessment Consultants, LLC Chief MacArthur has experience in mediation and dispute resolution as the Department's Ombudsperson. She also earned a Master Degree in Behavioral Science, graduating with honors and specializing in Negotiations and Conflict Management. As the Employee Relations Administer, Commander Weinstein represented the LAPD OCOP in all employee relation matters, including contract negotiations with various representative units, which represented Department sworn and civilian employees. She was also responsible for overseeing investigations on grievances and represented the OCOP in all arbitration resulting from grievances. Commander Weinstein oversaw the preparation of legislative analysis, and meet and confer requirements of the OCOP. • Statistical and data analysis: Mr. Doucet and Dr. Figueroa will oversee the team that will be responsible for these tasks. Mr. Doucet earned his Master of Science degree in Information Systems Management – Concentration in Information Security, from the Keller Graduate School of Management. He also pursued his Doctor of Philosophy from Capella University with an emphasis in the field of Information Assurance and Security. While pursuing these degrees, Mr. Doucet conducted research, which involved statistical and data analysis. Dr. Figueroa earned his Doctor of Public Administration degree from the University of La Verne. While pursuing this degree, he conducted research, which involved statistical and data analysis. Both individuals have conducted numerous performance audits, which include statistical and data analysis of findings. • Information technology: Mr. Doucet will oversee the team that will be responsible for this task. Mr. Doucet was the project manager for the acquisition, installation, and implementation of CCH/Wolters Kluwer “TeamMate” software program, and associated hardware and software, for LAPD’s Audit Division. TeamMate is an industry leading audit project and electronic work paper storage software suite. Upon completion of the project, Mr. Doucet was assigned as the system administrator of the software suite for approximately 45 employees. This included both training and support for end users, and back-end administration of the software and respective server. • Data management: Mr. Doucet will oversee the team that will be responsible for this task. Mr. Doucet has created and managed databases in Microsoft Access. He constructed the database that was used to track the implementation of financial disclosures for LAPD sworn personnel. Mr. Doucet earned his Master of Science degree in Information Systems Management – Concentration in Information Security, from the Keller Graduate School of Management. In addition to the education listed above, He has also completed several Computer Information Systems (CIS) courses. In addition to the above, Mr. Doucet has also provided computer troubleshooting and support Independent Monitor of the Cleveland Division of Police Request Page 17 Elite Performance Assessment Consultants, LLC for LAPD Audit Division personnel. This includes providing training and assistance with Microsoft Office 2007 applications. He also coordinated with outside parties for the repair of computer equipment. • Working with government agencies, municipalities, and collective bargaining units: Commander Weinstein and Chief Miller will oversee the team that will be responsible for these tasks. As the Employee Relations Administer, Commander Weinstein successfully led contract negotiations for the LAPD, with labor unions and the City of Los Angeles. She represented the chief of police in all union negotiations, grievances, meet and confer issues, and problem solving on employee issues related to wages, hours, and working conditions. Commander Weinstein also served as the liaison with Employee Relations Board Director, City Administrative Officer and the City Attorney. • Language skills and experience working with limited English proficient persons and communities, in particular communities whose primary language is Spanish: Mr. Soler, Mr. Sais, Chief Miller and Dr. Figueroa will oversee the team that will be responsible for these tasks. Mr. Soler is fluent in speaking, reading and writing Spanish. As the Deputy Executive Director for Policy and Strategic Initiatives at the New York City Civilian Complaint Review Board, he has been actively involved with the community. Mr. Sais, Chief Miller and Dr. Figueroa are fluent Spanish speakers and were involved with the Los Angeles community as law enforcement officers. These individuals received bilingual compensation as patrol officers and supervisors. • Familiarity and understanding of local issues and conditions: The entire EPAC team will be responsible for overseeing these tasks. The entire EPAC team will ensure that they are familiar and understand the local issues/conditions in the Cleveland community. The team will conduct research and meet with all stakeholders to accomplish these tasks. • Effective engagement with diverse communities: Ms. Reynolds will oversee the team that will be responsible for these tasks. Ms. Reynolds has extensive experience working with community stakeholders establishing strategic partnerships. Most recently she conducted an assessment of the Oakland Police Department's Community Policing Program. • Creation and evaluation of meaningful civilian oversight: Mr. Soler and Chief Landin will oversee the team that will be responsible for this task. As the Deputy Executive Director for Policy and Strategic Initiatives at the New York City Civilian Complaint Review Board, Mr. Soler oversees the preparation of qualitative and quantitative analyses, policy memoranda, monthly and semi-annual reports and public Independent Monitor of the Cleveland Division of Police Request Page 18 Elite Performance Assessment Consultants, LLC testimony. He designs and monitors the implementation of organizational strategies and policy initiatives for the Board. During the past twelve years, he has presented his research on civilian oversight of law enforcement to domestic and international audiences. Chief Landin also has experience in civilian oversight. He was assigned to the Civilian Complaint Review Board (CCRB) in the 1980s when it was part of the Police Department, and in that role he both investigated complaints and supervised investigations. Mr. Landin is a current Board Member of the CCRB and was appointed to this position in February 2012. • Familiarity with federal, Ohio, and local laws, including civil rights laws and policies and rules governing police practices: Mr. Chaleff and Ms. Reynolds will ensure that the CDP meets all legal requirements. Ms. Reynolds and Mr. Chaleff are both practicing attorneys and been involved with oversight of law enforcement. • Completing projects within anticipated deadlines and budget: Mr. Chaleff will oversee the team that will be responsible for these Tasks. As the Special Assistant for Constitutional Policing, Mr. Chaleff was responsible for the operations of the Department’s Risk Manager, Planning and Research Division, Legal Affairs Division, IAID, and Fiscal Operations Division. As overseeing Fiscal Operations Division, Mr. Chaleff was responsible for reviewing all Departmental budgets and fiscal issues. • Preparing for and participating in court proceedings: Mr. Chaleff and Ms. Reynolds will ensure that the CDP meets all legal requirements. Mr. Chaleff is a licensed attorney and served as the Special Assistant for Constitutional Policing for the Los Angeles Police Department from 2007 to 2013 where he oversaw the operations of the Department Risk Manager, Planning and Research Division, Legal Affairs Division, Internal Audits and Inspections Division, and Fiscal Operations Division. Prior to assuming that post, he served on the Los Angeles Board of Police Commissioners and was President of that body from 1999 to 2001. Mr. Chaleff is nationally recognized as an expert in criminal law. He has served as an attorney both in the Los Angeles County District Attorney's Office and the Public Defender's Office. Ms. Reynolds is a licensed attorney with a background in civil rights, criminal law and in civilian oversight of law enforcement. She has expertise in using IAPRO, a software system used in many police and oversight programs to manage complaint systems, investigations, adjudications, and provide an early warning system for police managers. She served on the federal criminal appeals panels in the states of Oregon and Washington and handled direct appeals and habeas petitions. Her criminal legal background also includes working with three federally recognized Indian tribes. While in private practice, she served as an American Civil Liberties Union (ACLU) cooperating attorney representing individuals Independent Monitor of the Cleveland Division of Police Request Page 19 Elite Performance Assessment Consultants, LLC and groups in civil litigation and administrative appeals against government entities including municipal governments, school districts, public hospitals and universities. • Report writing for a broad variety of stakeholders: All EPAC team members will be responsible for this task. The EPAC team consists of law enforcement professionals, attorneys, law enforcement auditors, and scholars, who have prepared reports. These reports have been presented in court, administrative hearings and to the public. PRIOR EXPERIENCE AND REFERENCES The firm has provided consulting, training or assessment/audit services for the following entities: • Riverside, California, Police Department; • Nashville/Davidson County, Tennessee, Metropolitan Police Department/Metropolitan Nashville Office of Internal Audit; • Atlanta, Georgia, Police Department/Atlanta Citizen Review Board; • California Highway Patrol, and; • Presently with the Oakland, California, Police Department. Outlined below are the references for the EPAC listed projects: • Chief Sergio Diaz Chief of Police Riverside Police Department 4102 Orange St. Riverside, CA 92501 (951) 826-5940 • Mr. Carlos L. Holt, CPA, CFF, CIA, CFE, CGAP, Audit Manager Metropolitan Nashville Office of Internal Audit 404 James Robertson Parkway, Suite 190 Nashville, TN 37219 (615) 862-6110 • Ms. Cristina Beamud Executive Director from September 2008 – December 2011 City of Atlanta Citizen Review Board Atlanta, GA Ms. Beamud is presently the Executive Director Civilian Investigative Panel, City of Miami 970 Southwest 1st Street. Suite 402 Miami, FL 33130 (305) 960-4950 Independent Monitor of the Cleveland Division of Police Request Page 20 Elite Performance Assessment Consultants, LLC • Mr. R. Y. Ikemoto Inspector General California Highway Patrol 601 North 7th Street Sacramento, CA 94298-0001 (916) 843-3160 • Assistant Chief Paul Figueroa, Ed.D. Oakland Police Department 455 7th Street Oakland, CA 94607 (510) 238-7183 PROPOSED ACTIVITIES Independent Monitoring Team Organizational Chart Ms.  Dawn   Reynolds    Monitor   Mr.  Gerald   Chaleff   Executive  Advisor   Mr.  Randy   Khatami   Assistant  Monitor   Dr.  Christopher   Figueroa   Technical  Advisor   Chief  Sandy  Jo   MacArthur   Technical  Advisor   Chief  Brian   Brewer   Technical  Advisor   Chief  Chris   Burbank   Technical  Advisor   Chief  Rudolph   Landin   Technical  Advisor   Chief  Arthur   Miller   Technical  Advisor   Cmdr.  Jeri   Weinstein   Technical  Advior   Mr.  Marcos   Soler   Mr.  Sergio  Sais   Technical  Advisor   Mr.  John   Doucet   IT  Specialist   Monitoring Plan The EPAC Team proposes the following monitoring plan for oversight of the CDP Agreement. The plan outlines the procedures that the team shall follow. The mission of the EPAC Team is to assess and evaluate whether the CDP is in compliance with the Agreement requirements. The Agreement defines the compliance objectives that the CDP has to achieve and the EPAC Team shall approach it in three phases, which are: o Initial Monitoring Phase o Intermediate Monitoring Phase o Final Monitoring Phase Independent Monitor of the Cleveland Division of Police Request Page 21 Technical  Advisor   Elite Performance Assessment Consultants, LLC I. Initial Monitoring Phase A. Meeting with Concerned Parties During the Initial Monitoring Phase, the EPAC Team shall meet with all concerned parties to introduce themselves. These meetings will include the court, DOJ, city officials, CDP command staff, union officials and community stakeholders. The meeting will allow all parties to build relationships and meet face to face. Also, during is meeting, the CDP liaison officer should be identified. This will allow the EPAC Team to have a contact person to arrange follow-up meetings. The EPAC team and CDP liaison officer shall formulate and establish protocols for communicating with all parties Follow-up meetings with all parties shall be conducted to inform all parties of the EPAC Team’s roles and responsibilities during the duration of the Agreement. The team will work with CDP staff on developing protocols and a five-year strategic plan for positive outcomes so CDP can meet substantial compliance with the Agreement requirements, and meaningful reforms. B. Review and Assess CDP’s Policies, Procedures, Orders, Directives and Protocols The EPAC Team shall also review all policies, procedures, orders, directives and protocols to determine if changes have been made to match the provisions addressed in the Agreement and law enforcement best practices. The purpose of this review and assessment is to ensure that the proper protocols and evaluation criteria meet the Agreement requirements. The criteria are the standards used to determine compliance with the Agreement in a performance audit, inspection and assessment. 1. Establish Assessment, Performance Audit and Inspection Protocols The EPAC Team shall establish assessment, performance audit and inspection protocols. This will include compliance standard measurements, audit and inspection methodologies that include population sampling, testing instruments, reporting formats and tracking implementation of recommendations. The EPAC Team shall develop an Annual Audit Plan that will be used during the duration of the Agreement. The EPAC Team shall meet with CDP staff to address the Annual Audit Plan and assessment protocols. The EPAC team shall also discuss all deadlines with the parties to ensure that they are met. II. Intermediate Monitoring Phase A. Implementation of fieldwork performance audits, inspections and assessments The Intermediate Monitoring Phase is where the EPAC Team implements performance audits, inspections, and assessments to determine CDP’s compliance with the Agreement requirements. The EPAC Team shall conduct performance Independent Monitor of the Cleveland Division of Police Request Page 22 Elite Performance Assessment Consultants, LLC audits listed on the Annual Audit Plan. Capturing and reviewing the work product is the bases for the stated audit objectives and the testing instruments that are utilized to evaluate the work product. During this process, the EPAC Team shall obtain data, test the data and manage the audit documents (working papers). 1. Obtaining Data The EPAC auditor shall prepare the audit work plan. The audit work plan is the road map that directs the collection of the data needed to answer the audit objectives. Once the audit objectives are identified, the EPAC Team shall obtain the working papers by contacting the CDP liaison officer. The notification shall be done by: a. b. c. d. Formal request (written) E-mail Verbal request Gather the working papers themselves 2. Testing Data The testing methods that will be used to test the data will be documented in the audit work plan. Uniformity of testing can be assured with a welldeveloped and tested compliance-testing instrument. The EPAC auditor shall prepare questions that are designed to answer the audit objectives. The auditor will determine compliance by examining the working papers’ findings. 3. Analysis and Reporting of Findings a. Analysis of findings Once the EPAC Team has completed testing of the audit working papers, the findings shall be analyzed. The auditors shall follow Government Auditing Standards, (GAS) to determine compliance. Once the EPAC auditor(s) have gathered all the evidence and tested it against the audit objectives, the auditor(s) will analyze it. Using the audit evidence, the EPAC Team shall render useful, insightful, and well-grounded analysis of the audit findings. b. Reporting Findings The EPAC Team shall use a standardized audit report format to report its findings and compliance status to the CDP. The audit report will be Independent Monitor of the Cleveland Division of Police Request Page 23 Elite Performance Assessment Consultants, LLC accurate, concise, and each finding and recommendation shall be adequately supported. c. Recommendations: Normally, each report will contain recommendations taken to resolve issues identified in the findings. The report may also include recommendations for the broader application of identified best practices. The recommendations and actions taken should briefly and clearly state the corrective action that is recommended or taken, and when applicable, the organizational entity responsible for implementing the recommendation. 4. Areas of Assessment The EPAC Team will independently and objectively assess the CDP to determine if they meet the requirements of the Agreement and that they are being implemented. The team will also determine whether implementation is resulting in constitutional policing by increased community trust of the CDP. These assessments shall be done by law enforcement performance audits and inspections following GAS. An Annual Audit Plan shall be developed by the EPAC Team and discussed with CDP staff. The audits shall encompass the below listed areas as defined in the Agreement. a. b. c. d. e. f. g. h. i. j. k. Community Engagement and Building Trust Community and Problem-Oriented Policing Bias-Free Policing Use of Force Crisis Intervention Search and Seizure Accountability Transparency and Oversight Officer Assistance and Support Supervision Policies III. Final Monitoring Phase The Final Monitoring phase is where the CDP has fully adopted the requirements of the Agreement. This includes incorporating those requirements into their training, and routinely and constantly applying them in their day-to-day practices for a sustained period of time. A. Assessing Substantial Compliance The EPAC Team shall assess the CDP's capacity, will, and internal control mechanisms and competence to sustain substantial compliance. Also, that the CDP Independent Monitor of the Cleveland Division of Police Request Page 24 Elite Performance Assessment Consultants, LLC is able to identify and correct non-compliance during the life of the Agreement, and upon its completion. The EPAC Team shall determine that CDP has met the goals and objectives of the Agreement and constitutional policing is being practiced, maintained and sustained. The CDP shall maintain compliance with the Agreement requirements for a two-year period. A review of the audit, inspection and assessment outcomes will assist in making these determinations. Activities Proposed to Perform the Scope of Work I. Methods of obtaining information The EPAC team will coordinate with the established CDP liaison to request departmental documents, arrange meetings and interviews. The team shall also develop and administer surveys, and conduct other research via Internet and other sources. II. Methods of analyzing information The EPAC team shall develop a methodology for assessing compliance with the Agreement requirements. The team shall use Law Enforcement Performance Auditing and inspections as the method to analyze information. An Annual Audit Plan that shall be developed and reviewed with CDP staff. A. The EPAC Team shall follow auditing standards as defined in the GAS, commonly referred to as the “Yellow Book.” B. The Audit Procedures shall encompass the following phases: 1. Planning 2. Preparation 3. Execution 4. Reporting 5. Follow-Up Within the audit process, EPAC auditors shall conduct opening meetings with the assessed entity commanding officer and staff. The opening meeting shall consist of discussing the audit/inspection process, Agreement compliance standards and audit/inspection objectives. The EPAC auditors shall request the working paper documents from the CDP liaison officer. Once the documents have been received, the auditors shall randomly select a sample for assessment. The auditors shall use designed compliance testing instruments to answer the audit objective questions to determine compliance. The compliance findings shall be reported as follows: • Compliant: The CDP has met total compliance with the Agreement requirement(s). • Partially Compliant: The CDP has met majority compliance with the Agreement requirement(s), but not totally, with progress toward total compliance being achieved. Independent Monitor of the Cleveland Division of Police Request Page 25 Elite Performance Assessment Consultants, LLC • Non-Compliant: The CDP has not met compliance with the Agreement requirement(s), with no evidence of progress being achieved. • Deferred: The auditors were unable to determine the CDP's compliance with the Agreement requirement(s) being assessed due to lack of data, incomplete information or other reasons determined by the EPAC team. Upon completion of its audit/inspection, the auditors shall prepare a draft report containing its findings. A closing conference shall be scheduled with the assessed entity commanding officer and staff to discuss the report. The auditors will than complete a final report, which shall be issued to all parties concerned. An executive summary of the report shall be used for the quarterly reports. III. Methods of reporting information The EPAC team shall prepare a Monitor Status Report of the CDP's progress in achieving compliance with the Agreement requirements every three months (quarterly). A draft report shall be sent to CDP staff for review and comment. A meeting will then be scheduled with CDP staff to discuss the contents of the report. The CDP shall have an opportunity to respond to the contents of the report. Once the quarterly report is discussed with CDP, the EPAC team shall distribute the report to the court, DOJ, CDP and City officials. The report shall also be placed on the EPAC website. A. The Monitor Status Report shall consist of the following: 1. Executive Summary 2. Focus Issues 3. Performance of the Cleveland Division of Police a. b. c. d. e. f. g. h. i. j. k. Community Engagement and Building Trust Community and Problem-Oriented Policing Bias-Free Policing Use of Force Crisis Intervention Search and Seizure Accountability Transparency and Oversight Officer Assistance and Support Supervision Policies 4. Internal And External Oversight/Monitoring 5. Conclusion Independent Monitor of the Cleveland Division of Police Request Page 26 Elite Performance Assessment Consultants, LLC IV. Frequency of proposed activities During the Initial Monitoring Phase, the EPAC Team shall conduct site visits every month. The duration of stay shall be from two days to two weeks. During the Intermediate Monitoring Phase, the team shall conduct site visits at least once every two months, or as required to conduct on-site fieldwork. The amount of days shall be determined by the audits/inspections being conducted. During the Final Monitoring Phase, the team shall conduct site visits every three months or as necessary V. Personnel responsible for the various activities described in the Scope of Work and the number of hours anticipated to be devoted to specific aspects of the project by month or quarter, including the number of hours that would be spent on site in Cleveland SCOPE OF WORK Community Engagement and Building Trust Community and Problem-Oriented Policing Bias-Free Policing Use of Force Crisis Intervention Search and Seizure Accountability Transparency and Oversight Officer Assistance and Support Supervision Policies EPAC STAFF D. Reynolds M. Soler R. Landin C. Figueroa R. Khatami G. Chaleff R. Khatami B. Brewer S. MacArthur J. Weinstein M. Soler C. Burbank J. Doucet C. Figueroa D. Reynolds R. Landin A. Miller B. Brewer C. Figueroa S. Sais S. MacArthur C. Burbank TOTAL HOURS 1ST QTR 2ND QTR 3RD QTR 4TH QTR ON-SITE HOURS 95 95 95 95 200 580 180 180 180 180 180 900 120 120 120 120 220 700 130 130 130 130 150 670 120 120 120 120 125 605 120 120 120 120 70 550 135 135 135 135 135 675 130 130 130 130 70 590 115 115 115 115 120 580 120 120 120 120 60 540 50 50 50 50 70 270 1315 1315 1315 1315 1400 6660 Table 1: Annual Scope of Work Hourly Table VI. Coordination with the City and the CDP to arrange visits, on-site records reviews and interviews The proposed monitor or assistant monitor shall be responsible to coordinate all site visits, on-site records reviews and interviews. These arrangements shall be coordinated with the designated CDP liaison officer. The proposed monitor or assistant monitor shall make the request either in writing, telephonically, in person, and/or email. Independent Monitor of the Cleveland Division of Police Request Page 27 TOTAL HOURS Elite Performance Assessment Consultants, LLC VII. Coordination of monitoring activities, information gathering, and communications with the CDP, the United States and members of the community The proposed monitor, assistant monitor and/or lead auditor shall be responsible to coordinate all monitoring activities, information gathering, and communications with the CDP, the United States and members of the community. These arrangements shall be coordinated with the designated CDP liaison officer. The proposed monitor, assistant monitor and/or lead auditor shall make the request either in writing telephonically, in person, and/or email. POTENTIAL CONFLICTS OF INTEREST OR BIAS Currently, no members of EPAC are involved, or have been involved in any activity that would pose a conflict of interest/bias, or perceived conflict of interest/bias. However, in the interest of complete transparency, one member of the EPAC management team was on the staff of an International Law Enforcement Auditor Association seminar in Oakland, California, from February 17 through 19, 2015. Three members of the CDP attended the seminar and the team member had conversations with them. ESTIMATED COSTS YEAR 1: Independent Monitor of the Cleveland Division of Police Request Page 28 Elite Performance Assessment Consultants, LLC YEAR 2: ESTIMATED COST - YEAR 2 Direct Labor-Revenue (Billed to Project) TECHNICAL ASSISTANCE R !:i ~ REVIEW R REPORT WRITING ~ !:i R !:!. Q Independent Monitor (Reynolds) 280 280 280 Assistant Monitor(Khatami) 320 380 200 Executive Advisor(s)(Chaleff) 320 200 200 Technical Advisor (Police/Oversight Management) 300 400 400 Technical Advisor(Figueroa) 220 300 200 Technical Advisor -IT 220 220 60 Lead Auditors 520 960 400 2180 2,740 1740 Total Labor Hours Total Labor Dollars - epac U...C - o IE:un:~..,_,.~ Independent Monitor of the Cleveland Division of Police Request Page 29 BASE YEAR TOTAL Elite Performance Assessment Consultants, LLC YEAR 3: ESTIMATED COST - Y EAR 3 Direct Labor-Revenue (Billed to Project) TECHNICAL ASSISTANCE B. .!:i !2 REVIEW B. .!:i REPORT WRITING !2 R tl Q Independent Monitor (Reynolds) 280 280 280 Assistant Monitor(Khatami) 320 400 300 Executive Advisor(s)(Chaleff) 200 200 100 Technical Advisor (Police/Oversight Management) 200 400 400 Technical Advisor(Figueroa) 220 300 200 Technical Advisor -IT 220 220 60 Lead Auditors 400 960 400 1840 2,760 1740 Total Labor Hours Total Labor Dollars - epac u.c - . . EJ..rn:---...~ Independent Monitor of the Cleveland Division of Police Request Page 30 BASE YEAR TOTAL Elite Performance Assessment Consultants, LLC YEAR 4 Independent Monitor of the Cleveland Division of Police Request Page 31 Elite Performance Assessment Consultants, LLC YEAR 5 ESTI MATE D CO ST- YEAR 5 Direct Labor-Revenue (Billed to Project) TECHNICAL ASSISTA NCE R Independent Monitor (Reynolds) !i 280 .Q REVIEW R REPORT WRITING .Q !i 280 R .Q tl 280 Assistant Monitor(Khatami) 320 400 300 Executive Advisor(Chaleff) 200 200 100 Technical Advisor (Police/Oversight Management) 200 200 200 Technical Advisor(Figueroa) 220 300 200 Technical Advisor -IT 220 220 60 Lead Auditors 400 960 400 1840 2,560 1540 Total Labor Hours Total Labor Dollars - epac u.c -~ Eun:-~~ Independent Monitor of the Cleveland Division of Police Request Page 32 BASE YEAR TOTAL