Application to Serve as the Independent Monitor of the Cleveland Division of Police Submitted to the United States Department of Justice July 8, 2015 CONFIDENTIAL I.   Executive Summary ...........................................................................................................1   II.   Personnel ...........................................................................................................................4   A.   Michael Cherkasky – Primary Monitor.....................................................................5   B.   Jeff Schlanger – Deputy Primary Monitor ...............................................................6   C.   Daniel R. Alonso – Deputy Primary Monitor .........................................................7   D.   Gerald Nelson – Team Lead: Community Engagement and Building Trust .....8   E.   Dr. Robin S. Engel – Academic Consultant and Team Lead: Community and Problem-Oriented Policing ........................................................................................9   F.   Beth Corriea – Team Lead: Bias-Free Policing .......................................................9   G.   Gerry Chaleff – Team Lead: Use of Force ........................................................... 10   H.   Harold Hurtt – Team Lead: Crisis Intervention .................................................. 11   I.   Roy Pollitt, III – Team Lead: Searches and Seizures............................................ 11   J.   Jonathan Ball – Team Lead: Accountability........................................................... 12   K.   Kristine Hamann – Team Lead: Transparency and Oversight .......................... 12   L.   Meg Reiss – Team Lead: Officer Assistance and Support ................................. 13   M.   Henry DeGeneste – Team Lead: Supervision ...................................................... 14   N.   Denise Lewis – Team Lead: Policies ..................................................................... 14   O.   Flora Tartakovsky – Analyst/Report Specialist ................................................... 15   P.   Timothy C. Stone – Analyst/Report Specialist .................................................... 16   Q.   Andrea Fishman – Analyst/Report Specialist ...................................................... 17   III.   Qualifications ............................................................................................................... 17   A.   Prior Monitorship and Court-Appointed Oversight Experience ...................... 17   B.   Expertise in Law Enforcement and Police Practices .......................................... 18   C.   Auditing, Investigating, and Reviewing Organizational Change ....................... 19   D.   Development of Effective Quality Improvement Practices .............................. 19   E.   Mediation and Dispute Resolution ........................................................................ 20   F.   Statistical and Data Analysis .................................................................................... 20   G.   Information Technology and Data Management ................................................ 20   H.   Working with Government Agencies, Municipalities, and Unions................... 21   I.   Spanish Language Proficiency .................................................................................. 21   J.   Familiarity and Understanding of Local Issues and Conditions ......................... 21   K.   Effective Engagement with Diverse Communities ............................................. 22   L.   Creation and Evaluation of Meaningful Civilian Oversight ............................... 23   M.   Legal Expertise .......................................................................................................... 23   N.   Completing Projects Within Anticipated Deadlines and Budget ...................... 23   O.   Court Proceedings .................................................................................................... 24   P.   Report Writing ........................................................................................................... 24   IV.   Prior Experience and References .............................................................................. 25   V.   Proposed Activities/Project Approach ..................................................................... 28   A.   Disaggregation of the Decree ................................................................................. 29   B.   Methods of Obtaining Information ....................................................................... 31   C.   Methods of Analyzing Information ....................................................................... 32   D.   Frequency of Proposed Activities .......................................................................... 32   E.   Responsibility for Activities and Number of Hours Devoted ........................... 32   F.   Communication and Coordination with Cleveland and CDP ........................... 33   VI.   Potential Conflicts of Interest or Bias ...................................................................... 34   VII.   Estimated Costs.......................................................................................................... 34   A.   Billing Rates for Professional Services .................................................................. 34   B.   Estimated Billable Hours Per Year ........................................................................ 35   C.   Preliminary Price Proposal ...................................................................................... 35   Conclusion .............................................................................................................................. 35   APPENDIX A – Organizational Chart APPENDIX B – Budget/Schedule Notional Spreadsheet APPENDIX C – URLs for Hyperlinks APPENDIX D – Team Biographies APPENDIX E – LAPD Monitorship Final Report CONFIDENTIAL I. EXECUTIVE SUMMARY It can be said that nothing is more important to the perception of fairness in government than the way in which that government polices its residents. While the primary role of the police is to ensure public safety, the manner in which it does so, and the extent to which, as an organization, it follows the rule of law, is as vital to that mission as the ultimate statistics measuring crime. Implementation of the consent decree in Los Angeles, as well as other successful monitorships, demonstrate that a consent decree or settlement agreement can be a truly effective means of remedying deep rooted problems in a police department, building the department’s internal capacity to identify and remediate those problem areas. Successful consent decrees have shown, too, that constitutional policing can materially enhance the primary mission of police to ensure public safety. It is with these notions in mind that Exiger is pleased to submit this proposal to serve as the Independent Monitor for the Cleveland Division of Police (“CDP”), pursuant to the Settlement Agreement agreed upon between the City of Cleveland and the United States Department of Justice (“DOJ”). It is our sincere hope that we can play a significant role in — and, indeed, expedite — the reform of the CDP. For that purpose, the team that we have assembled has deep experience in some of the most sophisticated monitoring assignments ever undertaken, including the eight-year monitorship of the Los Angeles Police Department (“LAPD”). It includes policing experts, community experts, policy experts, and legal experts, all of whom would come together to assist Cleveland and the DOJ to effect sustainable change in the CDP. Michael Cherkasky, as Primary Monitor, would lead the Exiger team, with the assistance of two Deputy Primary Monitors, Jeff Schlanger and Daniel R. Alonso. An innovator in building sustainable bridges between the public and private sectors in implementing law enforcement actions, Mr. Cherkasky has pioneered the development of the independent monitorship. Numerous courts have appointed him to oversee consent decrees, settlement agreements, and court orders, including his service as the Independent Monitor for the LAPD — considered one of the most ambitious and successful endeavors in police reform ever attempted in an American city. He is currently the court-appointed Independent Monitor for HSBC Holdings plc and HSBC Bank USA, Inc., which is the most expansive and complex corporate monitorship in history. Beyond his wealth of experience in monitoring, investigating, and reviewing the performance of large public and private organizations, Mr. Cherkasky has close ties to the City of Cleveland, having studied there (both college and law school) and having served as a law clerk in Cleveland. Up until May 2015, he sat on the Board of Trustees of Case Western Reserve University. Mr. Cherkasky is a former state prosecutor who spent years working regularly with local police. Beginning as a line assistant in the Manhattan District Attorney’s Office, Mr. Cherkasky rose to become Chief of the Investigation Division, overseeing nearly 100 prosecutors and scores of detective investigators. He has a deep and substantive understanding of police officers and the circumstances in which they operate, which would be a critical asset to the monitorship of an urban police department like the CDP. Jeff Schlanger, Managing Director and President of Exiger’s Advisory Group — the group within Exiger responsible for its monitorships — would serve as Deputy Primary Monitor. Mr. Schlanger has more than 30 years of experience in law, law enforcement, and, perhaps most critically, police department monitoring. He was instrumental in the design and execution of police monitorships in both Los Angeles and Detroit, including serving as the Deputy Primary Monitor for the LAPD consent decree, and has performed significant independent investigations at the request of large police departments throughout the country including the Tennessee Highway Patrol, the San Francisco Police Department, and the Austin Police Department. Significantly, Mr. Schlanger has served on the Executive Committee of the Working Group for National Guidelines for Monitors, developing the National Guidelines for Police Monitors. Before joining Exiger, he was Chief of Staff at the Manhattan District Attorney’s Office, overseeing not only the day-to-day operations of New York’s largest prosecutor’s office, but also handling its “Extreme Collaboration” initiative with the New York City Police Department (“NYPD”). During this period, Mr. Schlanger served as advisor to NYPD Commissioner William Bratton and those within the NYPD working on the “re-engineering” of the Department. As Deputy Primary Monitor, Mr. Schlanger would be responsible for directly overseeing the dedicated team leads (as detailed below in this proposal) for the following substantive areas of the Monitorship: Community Engagement and Building Trust; Community and Problem-Oriented Policing; Bias-Free Policing; Use of Force; Crisis Intervention; and Accountability. In addition to these oversight duties, Mr. Schlanger would supervise the day-to-day operations of the Monitorship, as well as interface with the CDP. Our proposed second Deputy Primary Monitor, Daniel R. Alonso, has 25 years of relevant experience, including service in both the Manhattan District Attorney’s Office and the U.S. Attorney’s Office for the Eastern District of New York. As a line assistant in those offices, Mr. Alonso not only worked hand-in-hand with police officers on all manner of criminal cases, but also prosecuted a number of police officers who themselves had committed crimes. He eventually became Chief of the Criminal Division of the U.S. Attorney’s Office in the Eastern District of New York (with prosecutorial jurisdiction over Brooklyn, Queens, and Staten Island, 2 CONFIDENTIAL among other areas), and, later in his career, returned to the Manhattan District Attorney’s Office to serve as its Chief Assistant. Mr. Alonso would oversee the following substantive areas of this Monitorship: Searches and Seizures; Transparency and Oversight; Officer Assistance and Support; Supervision; and Policies. Beyond these oversight duties, Mr. Alonso would supervise the reporting and report-writing elements of this project. Our team includes numerous other prominent law enforcement professionals. Henry DeGeneste, our proposed team lead for the Supervision component of the Monitorship, is the former Director of Public Safety and Superintendent of Police for the Port Authority of New York and New Jersey. He is well known in the areas of public safety and risk management for law enforcement, and has published a number of articles and a book in those fields. Mr. DeGeneste also served for more than 15 years on the faculty of the John Jay College of Criminal Justice in New York, and is a past President of the National Organization of Black Law Enforcement Executives (“NOBLE”). A life member of the International Association of Chiefs of Police, Mr. DeGeneste has also served as a Commissioner of the Commission on Accreditation for Law Enforcement Agencies (“CALEA”). Our other members are no less notable. Meg Reiss, the proposed team lead for Officer Assistance and Support, was a key member of the LAPD monitoring team, later serving as Chief of Staff to then-Nassau County District Attorney (now U.S. Congresswoman) Kathleen Rice. Gerry Chaleff, who would handle Use of Force issues, was President of the Los Angeles Police Commission, and was later responsible, as the civilian head of the LAPD’s Civil Rights Integrity Division, for interfacing with the DOJ and the independent monitor on the LAPD consent decree. Harold Hurtt, our proposed team lead for Crisis Intervention, is the former Chief of the Phoenix and Houston police, and has a long history of revitalizing police organizations. We provide further information on all our key team members in the next section. The Exiger team believes that this Monitorship cannot succeed without the CDP establishing legitimacy in the eyes of those in the communities it protects. To that end, we have assembled retired police officers, policy experts, and an academic — Dr. Robin S. Engel of the University of Cincinnati — to assist us in devising a comprehensive monitoring plan. Moreover, Mr. Schlanger has, over the last year, been working extensively on the NYPD’s re-engineering initiatives and, in particular, its “Safe and Fair Everywhere” initiative, a plan to change the face of policing and the police’s interaction with minority communities throughout New York City. Our plan would not only address every substantive requirement of the Settlement Agreement, but also maximize community participation and understanding of the police and their methods. And because almost every member of our team has been involved in other significant monitorships, we would be able to hit 3 CONFIDENTIAL the ground running. We would immediately establish working relationships with the DOJ team, the CDP, the City, and other stakeholders; create information-sharing protocols, including electronic data rooms; and devise a monitoring plan that ensures all aspects of the Settlement Agreement are addressed. In short, we believe that the Exiger team is ideally suited to assist the Court, the DOJ, the CDP, the City, and the Cleveland community in monitoring compliance with the Settlement Agreement. II. PERSONNEL Exiger has assembled a seasoned group of highly respected former law enforcement professionals and policy experts to work on this Monitorship. In this section, we provide an introduction to each core member of the team, focusing on his or her relevant career experiences and areas of expertise. Additionally, the team would include additional field personnel. Please see Appendix A for an organizational chart of our key personnel, and Appendix D for complete biographies of each team member. The key team members include the following: • • • • • • • • • • • • • • • • • Michael Cherkasky – Primary Monitor Jeff Schlanger – Deputy Primary Monitor Daniel R. Alonso – Deputy Primary Monitor Gerald Nelson – Team Lead: Community Engagement and Building Trust Dr. Robin S. Engel – Academic Consultant and Team Lead: Community and Problem-Oriented Policing Beth Corriea – Team Lead: Bias-Free Policing Gerry Chaleff – Team Lead: Use of Force Harold Hurtt – Team Lead: Crisis Intervention Roy Pollitt, III – Team Lead: Searches and Seizures Jonathan Ball – Team Lead: Accountability Kristine Hamann – Team Lead: Transparency and Oversight Meg Reiss – Team Lead: Officer Assistance and Support Henry DeGeneste – Team Lead: Supervision Denise Lewis – Team Lead: Policies Flora Tartakovsky – Analyst/Report Specialist Timothy C. Stone – Analyst/Report Specialist Andrea Fishman – Analyst/Report Specialist 4 CONFIDENTIAL A. Michael Cherkasky – Primary Monitor Mr. Cherkasky, who attended both college and law school at Case Western Reserve University (where he was a trustee until May 2015), is the co-founder and Executive Chairman of financial crime and consulting firm Exiger. He is presently the court-appointed Independent Monitor for HSBC Holdings plc and HSBC Bank USA, Inc., the most expansive and complex corporate monitorship in history. In that capacity, Mr. Cherkasky works with domestic and foreign regulatory and law enforcement agencies to evaluate and test HSBC’s money laundering and sanctions compliance controls throughout the bank’s 6,300 offices in 75 countries.1 Previously, Mr. Cherkasky served as the Independent Monitor for the LAPD. Implementation of the LAPD consent decree yielded tremendous gains in controlling that police department’s use of force, improving police-community relations, developing governance and civilian oversight mechanisms, and bolstering its overall culture of accountability. Additionally, Mr. Cherkasky served as the Election Officer under a consent decree between the DOJ and the International Brotherhood of Teamsters, in which he oversaw union election procedures, and he supervised the civil RICO consent decree between the DOJ and the Long Island carting industry. Until 2011, Mr. Cherkasky chaired the New York State Commission on Public Integrity. Mr. Cherkasky began his professional career as an Assistant District Attorney in Manhattan, eventually rising to become Chief of the Investigation Division. In that leadership capacity, he oversaw numerous investigations of fraud and corruption, such as the BCCI banking scandal. Leveraging these experiences and his wealth of knowledge, Mr. Cherkasky eventually founded Kroll Monitoring Services, and later went on to serve as the CEO of a number of major corporations including Marsh & McLennan Companies, a publicly-traded company with over $13 billion in annual revenue, and Altegrity, a privately held company with 11,000 employees in 30 countries. After graduating from Case Western Reserve University School of Law, Mr. Cherkasky spent an additional two years in Cleveland as law clerk to the Honorable John Manos of the United States District Court for the Northern District of Ohio. Although the HSBC monitorship is time-consuming, we are confident that this role would not preclude Mr. Cherkasky from also taking on this one. Indeed, when Mr. Cherkasky was the Monitor in Los Angeles, he was also the CEO of a Fortune 100 company. We believe that it is the strength not only of the Monitor, but also of the entire monitoring team, that will define the success of this Monitorship. 1   5 CONFIDENTIAL B. Jeff Schlanger – Deputy Primary Monitor Mr. Schlanger, Managing Director and President of Exiger Advisory, was previously Chief of Staff to Manhattan District Attorney Cyrus R. Vance, Jr. As a key executive in the District Attorney’s Office, he was responsible for, among other things, the Office’s relationship with the NYPD and oversight of the DA’s community initiatives. Mr. Schlanger was the architect of the DANY-NYPD initiative dubbed “Extreme Collaboration,” which included the funding and initial deployment of smartphones and tablets to police officers in the field. He served, and continues to serve, as a Special Assistant to Police Commissioner William Bratton, working closely with the Commissioner and his advisors on its recently unveiled twenty-first century community policing initiative, “Safe and Fair Everywhere.” He is deeply experienced in policing and police monitoring, having worked on numerous assignments, including the eight-year monitorship of the LAPD. On that project, Mr. Schlanger oversaw and directed all aspects of the monitorship, second only to Mr. Cherkasky. Mr. Schlanger spent the first dozen years of his career as an Assistant District Attorney in the Manhattan District Attorney’s Office, working in the Office’s Trial Division, the Office of the Special Narcotics Prosecutor, and the Rackets Bureau. Among other major cases, he investigated and prosecuted the Westies gang, as well as members and associates of the Gambino organized crime family. Before rejoining the DA’s Office as Chief of Staff, Mr. Schlanger was President and CEO of KeyPoint Government Solutions, formerly known as Kroll Government Services. Mr. Schlanger founded and led KeyPoint from its inception to the time he rejoined the DA’s office. While still at Kroll, the unit was ultimately responsible for all work being performed for local and state governments as well as the federal government. This responsibility encompassed all monitoring assignments, including monitoring the LAPD. During his time at KeyPoint, Mr. Schlanger served in a pro bono capacity as both a Special Assistant District Attorney in Nassau County, New York, advising on coldcase homicides and a re-investigation of a claim of innocence, and as Special Counsel to the New York State Public Integrity Commission in its investigation of misconduct by then-governor David Paterson. In addition, Mr. Schlanger has served as Project Executive and Coordinator in a variety of police action reviews, including an investigation commissioned by thenGovernor Phil Brednesen into systemic corruption involving hiring and promotion in the Tennessee Highway Patrol; an investigation into the cover-up of police misconduct in the San Francisco Police Department; and two reviews of fatal officerinvolved shootings for the Austin Police Department. From 2007 to 2008, he served on the executive committee of the working group for the National Guidelines for 6 CONFIDENTIAL Monitors, a project of the Bureau of Justice Assistance, Office of Justice Programs, within the DOJ. From 1990 until early 1998, Mr. Schlanger was in private law practice and headed his own private investigation firm, which was later purchased by Kroll. Before founding Kroll Government Services in 2003, Mr. Schlanger served as the Chief Operating Officer of Kroll’s Security Services Group. Mr. Schlanger holds a Bachelor of Arts degree, cum laude, from the State University of New York at Binghamton, and a law degree from New York University School of Law. C. Daniel R. Alonso – Deputy Primary Monitor Mr. Alonso is a former federal and state prosecutor who has dedicated the large part of his career to public integrity and criminal justice policy reform. Mr. Alonso most recently served as the Chief Assistant District Attorney in the Manhattan District Attorney’s Office, which is New York’s largest DA’s office. In that capacity, he was responsible for overseeing the work of more than 500 prosecutors and nearly 800 staff members, including more than 60 detective investigators. Previously, Mr. Alonso served as Chief of the Criminal Division in the U.S. Attorney’s Office for the Eastern District of New York, where he spent nine years in total as an Assistant U.S. Attorney, handling cases ranging from gang crime to public corruption to complex fraud. He is a past Chair of the Council on Criminal Justice of the New York City Bar Association and was a gubernatorial appointee to the New York State Commission on Public Integrity. Mr. Alonso joined Exiger as Managing Director and General Counsel in July 2014. Mr. Alonso has a long history of addressing crime and policy issues in the public sector. As Chief Assistant DA, he was a part of the effort to implement DA Cyrus Vance’s vision of community-based justice, which resulted in Manhattan prosecutors focusing their efforts on crime prevention, community engagement, and issues peculiar to Manhattan’s diverse neighborhoods. As a federal and state prosecutor, he supervised, investigated, or tried numerous cases involving police corruption and police brutality. In 1993, he became the first prosecutor to use New York’s State’s Organized Crime Control Act to prosecute public corruption (in that case against a hierarchy of New York City Sanitation Enforcement Agents). Mr. Alonso has been called upon to testify as a policy expert before New York State and New York City legislative and policy-making bodies on topics as diverse as combating violent gangs, human trafficking, insurance fraud, and the selection of state court judges. In 2009, then-Senator (now New York Attorney General) Eric T. Schneiderman appointed him Special Counsel to a New York State Senate Select Committee tasked with reviewing the facts and circumstances undergirding a 7 CONFIDENTIAL senator’s criminal conviction, and recommending whether the Senate could vote to expel him. In 2014, for his years of efforts to change New York’s antiquated anticorruption laws, Mr. Alonso was awarded the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York. Before returning to the Manhattan District Attorney’s Office to serve as the Chief Assistant DA, Mr. Alonso spent four years as a litigation partner in the New York office of Kaye Scholer LLP, where his practice focused on, among other areas, internal investigations. While there, he served, at the recommendation of the Commodity Futures Trading Commission and by appointment of a U.S. District Judge, as the Receiver of a fraudulent investment entity called IATrading.com, whose founder had perpetrated a $43 million Ponzi scheme. As part of his duties at Exiger, Mr. Alonso serves on the Executive Committee overseeing the HSBC monitorship under Independent Monitor Michael Cherkasky. He earned his law degree in 1990 from New York University School of Law, and his Bachelor of Arts degree, with distinction in all subjects, in 1987 from Cornell University. D. Gerald Nelson – Team Lead: Community Engagement and Building Trust Chief Gerald Nelson recently retired from the NYPD as a three-star Chief after a nearly 42-year career. Since 2006, Chief Nelson had served as Chief in charge of Patrol Borough Brooklyn North. In that capacity, he oversaw more than 2,400 officers in 10 police precincts as well as over 200 civilians workers. He was previously the Commanding Officer of the School Safety Division, the Housing Police Department’s Personnel Services Bureau, SATCOM Housing Operations, Housing Borough Bronx/Queens, and Transit Borough Bronx. He also served as the Executive Officer of the Detective Borough Queens and as the Adjutant to Patrol Borough Manhattan North. As a police leader, Chief Nelson has devoted much of his career to fostering better police-community relations. For example, he oversaw the development of the Brooklyn North Clergy Task Force, which has since become a citywide initiative. This program leverages relationships with local clergy members in order to foster better overall working relationships between the NYPD and the community at large, with a strong emphasis on violence reduction. The New York community, in turn, has recognized Chief Nelson’s hard work and career-long dedication with numerous awards. Chief Nelson’s law enforcement career began in November 1973 as a patrol officer with the New York City Housing Police Department. In addition to the commands mentioned above, he has served in various positions within Housing 8 CONFIDENTIAL Police Service Areas, the Police Academy, the Project Stabilization Unit, the Internal Affairs Bureau, the Recruitment Section, the Personnel Services Bureau, Transit Borough Bronx, and Housing Borough Bronx/Queens. Chief Nelson was the President of the New York Chapter of NOBLE, and is now the Regional Vice-President of NOBLE’s New Jersey, New York, and Connecticut Chapters. He holds a Master’s Degree in public administration from Marist College, a Bachelor of Arts degree in government and public administration from John Jay College, and is a graduate of the FBI National Academy (172nd Session) at Quantico, Virginia. E. Dr. Robin S. Engel – Academic Consultant and Team Lead: Community and Problem-Oriented Policing Dr. Robin S. Engel is a Professor of Criminal Justice at the University of Cincinnati and Director of the University of Cincinnati Policing Institute. She received her doctorate in criminal justice from the University at Albany, State University of New York. Her research includes empirical assessments of police behavior, police/minority relations, police supervision/management, criminal justice policies, criminal gangs, and violence reduction strategies. She teaches criminal justice and policing courses at the undergraduate, masters, and doctoral levels. Dr. Engel has served as the Principal Investigator for multiple contracts and grants totaling over 3.5 million dollars. She provides statistical and policy consulting for numerous international, state, and municipal police agencies. Moreover, she has testified before local and state legislative bodies, and provided expert testimony in criminal and civil racial profiling litigation. Her research has appeared in prestigious peer-reviewed journals including Criminology, Justice Quarterly, Journal of Research in Crime and Delinquency, Crime and Delinquency, Journal of Criminal Justice, and Criminology and Public Policy, and she was ranked in 2006, 2007, and 2009 as one of the top five criminal justice/criminology academics in the field based on scholarly publications. Dr. Engel’s most recent work is focused on homicide reduction in Cincinnati and other cities in the state of Ohio. She currently serves as the Principal Investigator for the Cincinnati Initiative to Reduce Violence, and her team has been awarded the 2008 National Criminal Justice Association’s Outstanding Criminal Justice Program Award, the 2008 International Association of Chiefs of Police/Motorola Webber Seavey Award for Quality in Law Enforcement, and the 2009 International Association of Chiefs of Police/West Award for Excellence in Criminal Investigations. F. Beth Corriea – Team Lead: Bias-Free Policing Beth Corriea is an attorney and consultant to police departments in the area of risk management. From January 2012 to January 2014, Ms. Corriea served as the 9 CONFIDENTIAL Department Risk Manager for the LAPD, having been appointed to the newly created position by the Chief of Police, Charlie Beck. As the Department Risk Manager, Ms. Corriea was part of the senior staff and a direct report to the Chief of Police, providing oversight, direction, and management for the various aspects of the LAPD’s liability concerns, which includes the high-risk issue of use of force, and interfacing with the LAPD’s Early Warning System (“TEAMS II”). Additionally, Ms. Corriea oversaw the operations of the Legal Affairs Division, the Risk Management Assessment Section, the Risk Analysis Unit, and the Risk Management Coordination Unit. Before her appointment to the LAPD, Ms. Corriea worked for the Los Angeles City Attorney’s Office as a Deputy City Attorney from July 2005 to December 2011. Ms. Corriea was assigned to the LAPD Employment Litigation Section and became its supervisor in February 2010. Prior to the City Attorney’s Office, Ms. Corriea worked as an associate at a law firm that served as outside counsel for the City of Los Angeles on police litigation matters. Ms. Corriea received her undergraduate degree, summa cum laude, from University of the Pacific, and her law degree, cum laude, from UCLA School of Law. G. Gerry Chaleff – Team Lead: Use of Force Gerry Chaleff is a former police executive (15 years), public defender (eight years), and private defense counsel (25 years), with extensive experience in the successful implementation of a consent decree from the dual perspectives of a city and police department. Mr. Chaleff served as both a member and President of the Los Angeles Board of Police Commissioners during the crucial period of settlement negotiations between the City of Los Angeles and the DOJ. He then joined the command staff of the LAPD and served for over 11 years as Commanding Officer of the Civil Rights Integrity Division. In this capacity, Mr. Chaleff reported directly to the Chief of Police (both Chiefs Bratton and Beck) and coordinated all of the Department’s efforts to achieve substantial compliance with each of the mandates of the consent decree. Additionally, Mr. Chaleff has served on the Boards of the St. Joseph Center, the Inner City Law Center, City Hearts, the Constitutional Law Foundation, and the American Civil Liberties Union. He is a past president of the Los Angeles County Bar Association. Mr. Chaleff graduated with honors from the University of Southern California and Harvard Law School. 10 CONFIDENTIAL H. Harold Hurtt – Team Lead: Crisis Intervention Former Major City Chief Harold L Hurtt brings more than 40 years of police service to the team, including service as the Chief of Police in the cities of Oxnard, Phoenix, and Houston, as well as currently serving (until later in July) as the Director of State, Local and Tribal Coordination with U.S. Immigration and Customs Enforcement. Chief Hurtt is a recognized police innovator. In his five years (2004 to 2009) in Houston, Chief Hurtt re-engineered much of the department. He built a command staff of highly qualified and diverse individuals that reflected the makeup of the diverse population of the city; he reorganized patrol functions so that commanders would be more accountable to the citizens they served; he rebuilt the city’s crime lab; and he introduced Conductive Energy Devices (i.e., Tasers) to the department, resulting in a significant decrease in uses of deadly force. While Chief in Phoenix (1998 to 2004), Chief Hurtt partnered with the private sector to lead the Records and Information Bureau through an ISO 9000 certification process. Chief Hurtt served two terms as President of Major Cities Chiefs, and was a Subject Matter Expert on the LAPD monitoring team. He is a graduate of Arizona State University, where he received a Bachelor of Arts degree in sociology. Chief Hurtt subsequently obtained a Masters Degree in organizational management from the University of Phoenix. I. Roy Pollitt, III – Team Lead: Searches and Seizures Roy Pollitt, III, Associate Managing Director at Exiger, is a seasoned investigator with extensive law enforcement bona fides. Mr. Pollitt served for 17 years as an FBI special agent, having twice been named Investigator of the Year by the Federal Law Enforcement Foundation. Mr. Pollitt investigated numerous complex criminal matters, including fraud, racketeering, and organized crime cases, and was the case agent in a multi-billion dollar international money laundering investigation. Many of Mr. Pollitt’s investigations led to successful prosecutions, contributing to his reputation as a skilled investigator and strong working relationship with the U.S. Attorney’s Office and his partners in both federal law enforcement agencies and police departments. During his tenure with the FBI, Mr. Pollitt also served on a number of task forces with state and local police departments, providing him with valuable insight into policing and policing methods. Prior to the FBI, Mr. Pollitt — a Certified Public Accountant who is licensed in New York — was a senior auditor accountant at Arthur Andersen’s real estate services group, and an asset manager/assistant vice-president at Lehman Brothers. Mr. Pollitt holds a Bachelor of Business Administration degree from Iona College. 11 CONFIDENTIAL J. Jonathan Ball – Team Lead: Accountability Jonathan Ball is currently a Director at Exiger. Mr. Ball was formerly an FBI special agent, focusing on counter-terrorism and money-laundering investigations. As a member of the Joint Terrorism Task Force and Organized Crime Task Force, he worked hand-in-hand with other federal law enforcement agencies in addition to state and local police departments. He participated in extensive use-of-force training, focusing on the escalation of force and first-responder trauma medical care, and spearheaded a number of innovative FBI procedures, such as Internet domain seizure and retrofitting existing FBI systems to handle larger bodies of evidence. Prior to the FBI, Mr. Ball was a Technical Operations Officer in the CIA, where he developed and implemented technical solutions to intelligence collection, and later served as a Systems Engineering Technical Advisor for Northrup Grumman. Mr. Ball began his career in the U.S. Navy, serving as Program Manager and Contracting Officer’s Technical Representative for the Advanced Systems and Technology Directorate at the National Reconnaissance Office. He was also the Senior On-Shift Officer for the operation of a land-based nuclear reactor, Officer of the Deck aboard the nuclear submarine U.S.S. Kamahameha, and Operations Coordinator/Executive Briefer for Multi-National Corps staff in Baghdad, Iraq. Mr. Ball, who speaks Arabic, earned a Bachelor of Science degree in ocean engineering from the U.S. Naval Academy, and a Master of Engineering Management degree from Old Dominion University. K. Kristine Hamann – Team Lead: Transparency and Oversight Kristine Hamann, formerly the Inspector General of the State of New York, is a career public servant who is currently a Visiting Fellow at the DOJ’s Bureau of Justice Assistance. In that capacity, she focuses on creating statewide Best Practices Committees for prosecutors around the nation. These Committees consider such issues as building community trust, investigating police-caused fatalities, ethical issues for prosecutors and police, witness identification procedures, and police-worn cameras. Ms. Hamann has developed and coordinated training programs for prosecutors and police on numerous such topics. In 2015, she was also appointed Independent Counsel to the Conviction Integrity Unit of the U.S. Attorney’s Office for the District of Columbia. (If the Exiger team is selected, she would be available when her fellowship ends later this month.) From 2008 to 2013, Ms. Hamann was Executive Assistant District Attorney in the Office of the New York City Special Narcotics Prosecutor, which conducts international, national, and local drug-trafficking investigations and prosecutions. During her service as New York’s Inspector General, she was charged with investigating and preventing fraud, waste, and abuse in state government. Before that gubernatorial appointment, Ms. Hamann spent almost a decade as the Executive 12 CONFIDENTIAL Assistant District Attorney in the Manhattan District Attorney’s Office, where she supervised community affairs, oversaw arrest-to-arraignment procedures, handled criminal justice legislation issues, and spearheaded citywide initiatives with the NYPD, among myriad other responsibilities. For her years of efforts to improve the criminal justice system, Ms. Hamann has received several awards, including the 2013 Outstanding Prosecutor Award, given to one prosecutor each year by the New York State Bar Association, and the 2008 Excellence in Government Award, presented by Albany Law School of Union University. She earned her law degree in 1977 from Albany Law School and her Bachelor of Arts degree in 1974 from the State University of New York at Albany. L. Meg Reiss – Team Lead: Officer Assistance and Support Meg Reiss has dedicated much of her professional career to both courtordered monitorships and community law enforcement. Ms. Reiss currently sits on the five-member London Policing Ethics Panel, which London Mayor Boris Johnson established in 2014 to provide independent advice on ethical issues pertaining to operational policing. She is also a Senior Site Supervisor with the London Mayor’s Office on Policing and Crime on behalf of the National Network of Safe Communities, facilitating the implementation of David Kennedy’s Gang Violence Intervention in three London boroughs. Additionally, she is a consultant to the Nassau County District Attorney’s Office in its innovative “Closer to the Crib” crime-prevention pilot program, which aims to prevent or minimize intergenerational crime by providing services to criminal offenders with children from ages three years and younger. Ms. Reiss began her career as an Assistant District Attorney in the Kings County (Brooklyn) District Attorney’s Office, ultimately being appointed to the Homicide Bureau. In 2000, she joined Kroll, the international investigations firm, as a Managing Director. Working with Michael Cherkasky and Jeff Schlanger on the LAPD monitorship, Ms. Reiss served as a Team Leader in significant areas of that consent decree including: non-discrimination and racial profiling policies; arrest, booking, and charging procedures; officer training; and community outreach. In 2008, then-Nassau County District Attorney (and current U.S. Congresswoman) Kathleen M. Rice appointed Ms. Reiss as the DA Office’s Chief of Staff, tasked with overseeing more than 350 prosecutors, investigators, and support personnel. As second-in-command to DA Rice, Ms. Reiss was the chief liaison with community groups, elected officials, and social service providers, and she routinely collaborated with local, state, and federal law enforcement agencies. Significantly, Ms. Reiss developed a number of innovative strategies to foster engagement between communities and law enforcement: an award-winning drug-market initiative that, in its first year, reduced crime by 71 percent in Hempstead, New York; a comprehensive 13 CONFIDENTIAL church-based gun buy-back program; and Nassau County’s first centralized access point for criminal-offender reentry, which provides integrated social services and peer-supported rehabilitation programs. Ms. Reiss received her law degree from Brooklyn Law School and her Bachelor of Arts degree from Colgate University. M. Henry DeGeneste – Team Lead: Supervision Henry DeGeneste served for 23 years as the Director of Public Safety and Superintendent of Police for the Port Authority of New York and New Jersey, and later for 15 years as Senior Vice President of Global Security at Prudential Financial, where he was Vice Chair of the firm’s Crisis Management Committee. He is currently President of his own consulting firm, HDG Consulting, Inc., which provides advice and assistance to clients on a broad range of domestic and international issues involving operational risk, crisis management, criminal justice management, and public policy administration. Before establishing HDG Consulting, he was a Managing Partner at Security Directors Advisory Group. Mr. DeGeneste is frequent guest lecturer at colleges and universities on crisis and risk management, emergency preparedness, international terrorism, transportation policing, and aviation, rail, and seaport security. He served for over 15 years on the faculty of the John Jay College of Criminal Justice in New York, and is the co-author of the 1994 textbook Policing Transportation Facilities. A trusted voice in risk management and law enforcement, Mr. DeGeneste is actively involved in a wide variety of civic and public policy organizations, such as the Leadership Council of the Southern Poverty Law Center and the International Association of Chiefs of Police, where he is a life member. He was also a Commissioner of CALEA, served as President of NOBLE, and is a sustaining member of the Police Executive Research Forum. Mr. DeGeneste earned a Bachelor of Arts degree in business management from Adelphi University. He is a Certified Fraud Examiner. N. Denise Lewis – Team Lead: Policies Denise Lewis, a former 14-year sworn member of the LAPD, is currently the Director of the newly created internal audit function, Contract Compliance, for KeyPoint Government Solutions, assuming responsibility for ensuring compliance with the U.S. Office of Personnel Management’s contract-required inspection system. Ms. Lewis departed sworn service at the rank of Sergeant II, having been assigned to the LAPD’s Internal Audit Division. There, she supervised 10 to 15 sworn and civilian auditors in the completion of audits based on the LAPD’s consent decree mandates, management objectives, policies and procedures, and applicable 14 CONFIDENTIAL state and federal laws, ensuing compliance and identifying risk management issues. Ms. Lewis received written accolades for her construction of the LAPD Annual Audit Plan — a process that is political by its very nature, requiring collaboration with the Los Angeles City Council, the Police Commission, the Office of the Inspector General, and the Chief of Police. During her tenure with the LAPD, Ms. Lewis conducted frequent informal audits, inspections, and operational studies related to officer and detective deployment, property management, and community policing. She also held a number of other assignments with the LAPD, including criminal investigations, internal investigations, and patrol supervisor, in which she exercised command and control of tactical patrol situations. She was commended on numerous occasions for her leadership skills as a Mobile Field Force Leader. Ms. Lewis has expertise in areas such as training and lesson-plan development, emergency management, tactical leadership, and administrative investigations. Upon retiring from the LAPD in 2003, Ms. Lewis consulted in the area of compliance monitoring, police performance auditing, and the institutionalization of appropriate quality control measures to minimize risk exposure in law enforcement. To that end, for over six years, she was a member of the federal court-appointed independent monitoring team of the Detroit Police Department (“DPD”) under the leadership of Independent Monitor Ms. Sheryl Robinson Wood and Kroll, Inc. Ms. Lewis provided technical assistance to the DPD in the development of the required internal audit function. She then assessed DPD audits and regularly assessed DPD’s compliance with other police reforms, as mandated by the court to include best practices and applicable standards for training, holding cell facilities, arrest and detention, and the use of force. Ms. Lewis has conducted training sessions on police performance auditing for the DPD, the LAPD, the Los Angeles Airport PD, and the San Jose PD. She has also assisted these agencies in establishing and institutionalizing the internal audit function, including the development of the requisite audit protocols, policies and procedures, and training. Ms. Lewis holds an active security clearance and credentials granted by the Office of Personnel Management in relation to her work on Keypoint’s contract with that federal agency. She has completed the Investigator Training course as well as countless professional law enforcement and audit related courses throughout her career. O. Flora Tartakovsky – Analyst/Report Specialist Flora Tartakovsky joined Exiger in 2014 as an Associate Director. Before then, she was a New York-based journalist and attorney. Ms. Tartakovsky spent five years at CBS News producing numerous stories on socially charged criminal justice issues, including the death of Michael Brown in Ferguson, Missouri, and the juvenile 15 CONFIDENTIAL justice system in Georgia. She has been nominated for multiple Emmy awards for her work at CBS News. As a litigation associate at Kaye Scholer LLP, Ms. Tartakovsky handled a range of pro bono criminal cases, including appeals, at the state and federal level. An expert in health care law and policy, she represented indigent clients in health carerelated matters for the New York City Bar Association, with one of her cases even featured in the New York Times. Ms. Tartakovsky has also been an adjunct professor at Fordham Law School, teaching a weekly graduate seminar on health care policy and the law. Ms. Tartakovsky earned her law degree from the University of Virginia Law School, and her Bachelor of Arts degree, cum laude, from Harvard University. She has been active in numerous professional organizations, including the New York City Bar Association’s Criminal Justice Operations Committee and its Council on Criminal Justice. Ms. Tartakovsky is fluent in Russian. P. Timothy C. Stone – Analyst/Report Specialist Timothy C. Stone is a Managing Consultant at Exiger and a member of the HSBC Monitorship Team focused on report writing. Mr. Stone joined Exiger after serving as a Law Clerk to the Honorable Roslynn R. Mauskopf, presiding over the United States District Court for the Eastern District of New York in Brooklyn. While there, he drafted numerous legal opinions and helped prepare Judge Mauskopf for civil and criminal proceedings. Prior to this, Mr. Stone spent more than six years as an Assistant District Attorney in the Appeals Bureau of the Manhattan District Attorney’s Office. In this role, he briefed and argued scores of cases before New York’s appellate courts, including before its highest court, the New York Court of Appeals. Mr. Stone routinely supervised fellow prosecutors in the brief-writing process, and was appointed Trial Bureau Liaison, in which he provided legal guidance to trial prosecutors on a daily basis. As a member of the District Attorney’s Eavesdropping Review Group, Mr. Stone oversaw complex applications for eavesdropping warrants, and he was selected to handle the District Attorney’s response to pretrial allegations of prosecutorial misconduct in a major murder case. Mr. Stone earned his Bachelor of Arts degree, cum laude, from New York University, and his law degree, cum laude, from St. John’s University School of Law, where he was an executive editor on the St. John’s Law Review and published two articles on criminal law. 16 CONFIDENTIAL Q. Andrea Fishman – Analyst/Report Specialist Andrea Fishman is a lawyer and analyst at Exiger. Before attending law school, Ms. Fishman spent four years as an investigator for the Public Defender Service in the District of Columbia. In that capacity, she investigated criminal cases on behalf of indigent defendants, ranging from misdemeanors to murders. This entailed locating and interviewing witnesses, gathering evidence, testifying at hearings and trials, and regularly meeting with imprisoned clients. She also served in the Public Defender’s Special Litigation Division, in which she reviewed closed cases for exculpatory evidence. Ms. Fishman has completed a number of civil rights-oriented internships, including with the Criminal Section of the DOJ’s Civil Rights Division, the California Appellate Project, and Reprieve, an organization that investigates and assists European nationals on death row. Ms. Fishman also served as a clinical intern with the Committee for Public Counsel Services in Boston, representing and litigating on behalf of indigent defendants in criminal cases. Ms. Fishman received her law degree from Northeastern University School of Law and her Bachelor of Arts degree from Haverford College. III. QUALIFICATIONS Every member of the Exiger team has a proven record of unwavering independence, and Exiger itself considers independence to be a foundational value. Featuring a collection of former law enforcement professionals at the top of their respective fields, from accomplished police leaders and FBI agents to executive-level federal and state prosecutors, the team members have served with distinction in some of the most complex and high-profile oversight roles in the United States. A. Prior Monitorship and Court-Appointed Oversight Experience As reflected in the Personnel section above, the proposed team has sweeping experience in organizing and successfully implementing high-stakes monitorships and other independent roles for courts, legislatures, and government agencies. Most notably, the proposed Primary Monitor, Mr. Cherkasky, was the court-appointed Independent Monitor charged with overseeing the LAPD consent decree, one of the most ambitious plans ever for police reform in an American city. Together with Mr. Schlanger, Ms. Reiss, and other team members, he was instrumental in the successful execution of the LAPD consent decree, which is widely credited with the LAPD’s tremendous gains in controlling the use of force, improving police-community relations, and promoting an overall culture of constitutional and bias-free policing. 17 CONFIDENTIAL The LAPD monitorship, however, is only one in an array of significant and relevant roles held by the proposed team’s leadership. In that regard, Mr. Cherkasky’s monitorship of HSBC has given the Exiger team unparalleled experience in sensitive monitorships. Over the past two decades, moreover, a federal court appointed Mr. Cherkasky to oversee consent decrees involving the Long Island carting industry, and he was also the court-appointed Election Officer for the International Brotherhood of Teamsters. Mr. Alonso, in addition to his key role on the HSBC monitorship and his long experience as a federal and state prosecutor, has himself served in the sensitive role of federal court-appointed Receiver. Leveraging this rich base of knowledge and relevant experiences, the Exiger team would enter the CDP Monitorship with immediate and significant advantages. The team knows how best to allocate resources and staff for the most efficient and impactful administration and execution of a monitor’s duties. Moreover, the team would be able to anticipate the kinds of questions and concerns that the CDP will inevitably raise at the inception of, and throughout, the Monitorship, not to mention areas in which the team would likely encounter pushback. In other words, our team is ideally situated to navigate this complicated undertaking, avoiding pitfalls that might hamper us if not for this significant experience and expertise. B. Expertise in Law Enforcement and Police Practices Beyond its monitorship expertise, Exiger’s team includes leading criminal justice figures, such as Mr. DeGeneste, Mr. Alonso, Ms. Hamann, Mr. Schlanger, Dr. Engel, and Ms. Reiss. As noted, the team members come from all walks of the law enforcement spectrum, including prominent local, state, and federal positions, past and present. Individually and collectively, they have a strong understanding of the organizational structure and policing methods of metropolitan police departments. Perhaps more importantly, our team members are well versed in progressive law enforcement practices such as community and problem-oriented policing, grasping the systemic causes of police misconduct and the methods for creating a culture of police integrity and accountability. Indeed, such criminal justice issues are the wheelhouse of the Exiger team members. As Chief Assistant District Attorney, Mr. Alonso was part of the team that created the Manhattan DA’s data-driven, community-based prosecution model, which has allowed the Office to focus its efforts where they are most useful with the specific goal of preventing crime.2 Ms. Hamann, a Visiting Fellow at the DOJ, works with prosecutors from 30 states toward implementing statewide Best Practices Committees, which focus in part on issues directly relevant to the CDP Monitorship: building community trust in the police, investigating police-caused fatalities, and studying the use of police-worn cameras. 2 See “The Data DA,” New York Times Magazine, Dec. 7, 2014, at MM22. 18 CONFIDENTIAL Chief Nelson, as Commanding Officer of the NYPD’s Patrol Borough Brooklyn North, made it a point to engage the community in his very large command, regularly asking local clergy to assist in establishing police legitimacy and addressing crime problems. Just as significantly, Ms. Reiss has a proven track record of criminal justice innovation, having implemented a drug-market intervention that, in its first year, reduced crime by 71 percent in Hempstead, New York; spearheaded a church-based gun buy-back program; and pioneered Nassau’s first centralized access point for criminal-offender reentry. Finally, as prosecutors who both handled and oversaw cases of police corruption and brutality, Mr. Cherkasky, Mr. Alonso, Mr. Schlanger, and Ms. Hamann have extensive experience in the often-tricky area of investigating criminal conduct by police officers. By any measure, this team has the experience and technical expertise not only to understand the challenges facing the CDP, but also to assist the Court, the City, and the Department in their shared desire that the CDP fully succeeds in complying with the Settlement Agreement. C. Auditing, Investigating, and Reviewing Organizational Change We believe that our proposed team’s expertise in auditing, investigating, and reviewing organizational change is simply unmatched. Indeed, most of the key team members have deep experience in this area, most recently on the HSBC monitorship. That engagement involves investigating and auditing the financial crime controls and practices of one of the largest banks in the world, which includes making specific recommendations for organizational reform and then verifying that the bank — in its operations around the world — has effectively implemented those recommendations. In the LAPD monitorship, over eight years, members of the proposed Exiger team audited the organizational change of the third largest municipal police force in the United States, staffing almost 10,000 police officers. Mr. Cherkasky, Mr. Schlanger, and others on the team issued 30 quarterly reports documenting this massive undertaking, which tracked the LAPD’s progress — and, at times, setbacks — in complying with the mandated reforms of the consent decree. In particular, Mr. Schlanger’s role in designing the LAPD monitoring process and participation in the development of national monitoring standards would provide the Exiger team with an enormous head start for the CDP project. D. Development of Effective Quality Improvement Practices Part and parcel of the monitoring experiences described above was the development of effective quality improvement practices. From the institutional reform of the LAPD’s use of force, internal investigations/adjudications, and community outreach, to the bolstering of HSBC’s global anti-money laundering and sanctions controls, the proposed Exiger team understands how to build quality 19 CONFIDENTIAL improvement practices that will eventually become self-sustaining pillars of organizational compliance. Additionally, the team features proven innovators in the specific areas of improving the quality of policing and law enforcement practices. This includes Chief Hurtt who, in his five years as Chief of Police of the Houston Police Department, reengineered much of that Department — from reorganizing patrol functions with the goal of augmenting commander accountability, to developing a command staff more reflective of the city’s diversity. Ms. Corriea, as the first ever Department Risk Manager of the LAPD, provided key oversight and direction to that Department’s high-risk use of force and early warning system, among other crucial duties. And Mr. Chaleff served for over 11 years as the Commanding Officer of the LAPD’s Civil Rights Integrity Division, reporting directly to the Chief of Police and coordinating all of the Department’s efforts to achieve substantial compliance with each of the mandates of the consent decree. E. Mediation and Dispute Resolution The proposed team has a broad base of mediation and dispute resolution experience. Each of the executives have, through their various management positions, had to deal with dispute resolution on a regular basis in their own working environments. F. Statistical and Data Analysis Mr. Cherkasky, Mr. Schlanger, Mr. Alonso, Ms. Reiss, Ms. Corriea, Mr. Chaleff, and Dr. Engel each have worked extensively in situations that call for statistical sampling. Each fully grasps the role of statistical sampling in the context of determining compliance. Indeed, in the LAPD monitoring assignment, statistical sampling was at the heart of determining compliance and ensuring that the internal audit units of that police department were correctly assessing compliance levels. G. Information Technology and Data Management Exiger will use technology to its utmost in this assignment. The use of technology will fall into a number of different categories and serve a variety of purposes. First and foremost, technology will reduce travel expenses. We will, to the extent authorized, receive data electronically for off-site review by our team. We will also employ videoconferencing to the greatest extent possible, again eliminating the need for travel for much of the Exiger team. Second, we will apply technology for managing all necessary document requests. To that end, as in previous monitorships managed by members of our team, we would suggest employing one or more electronic data rooms for storing, sharing, and distributing documents and information among the Exiger team and the various stakeholders. The use of these electronic data rooms is secure, cost-effective, and 20 CONFIDENTIAL readily auditable if the need ever arises. Moreover, electronic data rooms allow document requests, and the fulfillment of those requests, to be easily and securely tracked. Exiger has in-house resources who are familiar with information security and data privacy issues and can aid in the implementation of such a system or recommend other options. Needless to say, if selected, we would reinforce and tailor our existing protocols on information security management and data privacy for the purpose of this particular engagement, assuring confidentiality of all data received. H. Working with Government Agencies, Municipalities, and Unions The Exiger team has worked with (and for) all levels of government — local, state, and federal. As evidenced from the biographies set forth above, each proposed team member has substantial experience in dealing with government agencies. In addition, Mr. DeGeneste, Chief Nelson, and Chief Hurtt have worked with the collective bargaining units of the law enforcement agencies where they were employed. Mr. Schlanger, notably, dealt extensively with the Police Protective League during the LAPD monitorship. I. Spanish Language Proficiency One of the express qualifications sought in the request for proposals is linguistic proficiency in Spanish. Mr. Alonso is a native Spanish speaker (and a conversational Portuguese speaker). He has been qualified as a Spanish language interpreter before the New York State Supreme Court and a New York State grand jury, and worked part-time at NYU Law School as an interpreter and translator for the NYU legal clinics. He has appeared many times on Spanish language television (Univision, Telemundo, NY1 Español) both on behalf of government agencies and as a commentator. His last appearance was earlier this year on NY1 Español, discussing public corruption in New York State. Mr. Alonso’s linguistic ability will be a major asset to the Exiger team. A cornerstone of the Settlement Agreement is to build the confidence of Cleveland’s citizens in the professionalism of their police department. As a federal and state prosecutor, Mr. Alonso on many occasions used his language skills to assist victims and further criminal investigations. In light of the ethnic makeup of Cleveland, including its large Spanish-speaking communities, he would be well-situated to engage directly its diverse citizenry, which can only bolster the public’s confidence in the integrity of the Monitorship and CDP’s intended reforms. J. Familiarity and Understanding of Local Issues and Conditions While most members of the proposed team are based outside of Cleveland, gaining an understanding of the local issues and conditions will be the focus of the Monitorship during its initial phase. Our base line understanding through the reading of articles and reports will be significantly enhanced as we spend time meeting with 21 CONFIDENTIAL key stakeholders, including every level of the police department, as well as other City government officials and all relevant community organizations. In addition, Dr. Engel will further enhance our understanding of the local issues and conditions facing Cleveland and the CDP in their effort to achieve compliance with the Settlement Agreement. A prominent academic and expert in criminal justice and constitutional policing at the University of Cincinnati, Dr. Engel’s research and scholarship routinely focus on the current state of those issues in Ohio urban centers, including Cleveland. In 2004, for instance, Dr. Engel was the CoPrincipal Investigator for the Traffic Stop Data Collection Project for Cleveland’s Department of Public Safety within the CDP. In 2008, Dr. Engel contributed to an expert report for the Ohio Community Initiative to Reduce Violence, which was submitted to the CDP. That same year, she delivered a presentation on behalf of the Cincinnati Initiative to Reduce Violence (“CIRV”) to the CIRV Cleveland Law Enforcement Team. And, among dozens of other relevant professional engagements, Dr. Engel was the Co-Principal Investigator for the State of Ohio Disproportionate Minority Contact Assessment from 2012 to 2014, a project funded by the Ohio Department of Youth Services. Based on these and numerous other academic endeavors during her career, as set forth in her curriculum vitae, we are confident that Dr. Engel will supply the Exiger team with an insider’s view of the local issues and conditions that could play a role in the Monitorship. It should not go unmentioned, too, that Mr. Cherkasky has close personal connections to the City of Cleveland, having spent almost a decade of his life there. He was educated — both undergraduate and law school — at Case Western Reserve University, and then worked for two years as a law clerk in Cleveland. Until May 2015, he also served on the Board of Trustees of Case Western Reserve University. Simply put, Mr. Cherkasky cares deeply about Cleveland and wants the City and CDP to succeed in complying with the Consent Decree. K. Effective Engagement with Diverse Communities The proposed Exiger team has a long history of engagement with diverse communities, especially urban populations. Chief Nelson, for example, dedicated much of his professional career to fostering police-community relations, including developing a clergy task force in Brooklyn that eventually became a citywide initiative. This program leveraged working relationships with local clergy members to promote synergy between the NYPD and the community at large. As second-in-command of the Nassau County DA’s Office, Ms. Reiss was the chief liaison with community groups and social service providers, spearheading a number of innovative strategies to nurture engagement between diverse communities and law enforcement, including an award-winning drug-market initiative and a church-based gun buy-back program. For his part, as second in charge of the Manhattan DA’s Office, Mr. Alonso helped implement the DA’s vision of community-based justice, which concentrated on 22 CONFIDENTIAL community engagement and issues unique to Manhattan’s extremely diverse neighborhoods. Likewise, during his recent tenure as Chief of Staff of the Manhattan DA’s Office, Mr. Schlanger was not only responsible for the Office’s community relations mission, but also helped the NYPD forge its new strategy for bettering relationships between patrol officers and the communities in which they patrol. L. Creation and Evaluation of Meaningful Civilian Oversight The proposed Exiger team has direct experience and success in the creation and evaluation of civilian oversight of law enforcement institutions. For the LAPD project, an integral part of the monitorship was to oversee and facilitate major changes to the LAPD’s independent civilian oversight body, the Office of the Inspector General, as specifically mandated in the consent decree. At the commencement of the LAPD consent decree, the Office of the Inspector General was a marginalized and ineffective operation with little relevancy to the LAPD’s performance. From 2001 to 2009, with the assistance of Mr. Cherkasky, Mr. Schlanger, and other members of the Exiger team, the Office of the Inspector General evolved into an effective and respected partner in reform. By the end of the LAPD monitorship, it was consistently producing reviews and audits of high quality, with dramatic improvement in compliance levels. The Exiger team can apply its expertise gained from this successful experience to the civilian oversight requirements of the CDP Settlement Agreement, as outlined beginning at paragraph 250. M. Legal Expertise Although Exiger is a consulting firm, many of the proposed team members — including Mr. Cherkasky, Mr. Alonso, Mr. Schlanger, Ms. Reiss, Mr. Chaleff, Ms. Corriea, Ms. Hamann, Ms. Tartakovsky, and Mr. Stone — are lawyers with significant litigation experience. Because familiarity with federal and Ohio law will be essential to the successful implementation of the Settlement Agreement, it will be crucial to have legal experts on board. Each of these individuals has handled complex legal and policy issues over the course of their careers, and has interacted with the judiciary at both the trial and appellate levels. N. Completing Projects Within Anticipated Deadlines and Budget During the eight years of the LAPD project, Mr. Cherkasky and his team, including Mr. Schlanger and Ms. Reiss, boasted a consistently excellent record of performing the requisite services within the budget. Specifically, the project was conducted on a fixed fee basis, and never — despite increased requirements — was there a request for additional funding. That record has continued unabated with the monitorship of HSBC. Likewise, the proposed team has an equally sound history of issuing timely reports during its prior monitorships. During the LAPD engagement, each of the quarterly reports and the final report were issued on time in both draft (for review by 23 CONFIDENTIAL the City and DOJ) and final form. Indeed, in no monitorship in which the key personnel for this project participated has a budget ever been exceeded or a deadline missed. O. Court Proceedings Many members of the proposed team have extensive experience in court either providing expert testimony and/or as counsel. P. Report Writing Collectively and separately, the Exiger team has vast experience in report writing for a broad variety of stakeholders. Some are referenced in the following section: • Mr. Cherkasky, as HSBC Monitor, with the assistance of Mr. Schlanger, Mr. Alonso, and others, issues confidential reports on a regular basis. Although we are unable to describe this further or provide samples, the relevant DOJ components are aware of the extent and the quality of the monitor’s work. • Mr. Cherkasky, as LAPD Monitor, with the assistance of Mr. Schlanger, Ms. Reiss, and others, issued 30 quarterly reports and one final report over eight years, which can be found here.3 A copy of the final report is also attached to this proposal in Appendix E. • Mr. Schlanger issued a report on corruption relating to hiring and promotion within the Tennessee Highway Patrol, which can be viewed here, as well as reports on officer-involved shootings in Austin in 2007, the report of which can be found here, and in 2009, which can be found here. • Mr. Alonso, as the IATrading.com Receiver, issued one principal report, a redacted copy of which is available here. • Mr. Alonso was the Co-Chair of the New York State White Collar Crime Task Force, whose final report can be found here. • Mr. Alonso also was Special Counsel to the New York State Senate Committee that investigated former Senator Hiram Monserrate and recommended his expulsion from the Senate. The final report, a collaborative effort ultimately adopted by a legislative committee, can be found here. • Dr. Engel is a prolific academic whose curriculum vitae can be found here. • While Inspector General of the State of New York, Ms. Hamann investigated drug-testing irregularities at the NYPD Forensic Laboratory. Her report can be found here. All reports submitted with this application are available via hyperlink embedded in the text. For convenience, a list of all reports and the corresponding URLs is included in Appendix C. 3 24 CONFIDENTIAL IV. PRIOR EXPERIENCE AND REFERENCES A. Monitoring/Reform of Los Angeles, California, Police Department, 2001 – 2008 (Mr. Cherkasky, Ms. Schlanger, Ms. Corriea, Mr. Chaleff, Mr. Hurtt, Ms. Reiss, Ms. Lewis) 1. Donna Murphy Office of the Comptroller of the Currency 400 7th St. SW, Suite 3E-218 Washington, DC (202) 649-6350 (main) donna.murphy@occ.treas.gov Ms. Murphy was one of the Civil Rights Division attorneys who oversaw the LAPD monitorship. 2. Commissioner William Bratton New York City Police Department One Police Plaza New York, NY 10038 (646) 610-5577 bill.bratton@brattonmail.com Commissioner Bratton was a member of the LAPD monitorship team in the beginning, and later became the Chief of the LAPD. He had extensive contact with the Monitor in both capacities. The public reports of the LAPD monitor are available here. Moreover, the final report is attached in Appendix E. B. Monitoring of HSBC, 2013 – Present (Mr. Cherkasky, Mr. Schlanger, Mr. Alonso, Mr. Pollitt, Mr. Ball, Ms. Reiss, Ms. Tartakovsky, Mr. Stone, Ms. Fishman) Craig M. Timm United States Department of Justice Asset Forfeiture & Money Laundering Section 950 Pennsylvania Ave., NW Washington, DC 20530-0001 (202) 598-2279 craig.timm2@usdoj.gov 25 CONFIDENTIAL Mr. Timm is responsible for overseeing the work of the Monitor on behalf of the DOJ. C. Receivership of IATrading.com, 2008 – 2011 (Mr. Alonso) 1. Jo Mettenburg Commodity Futures Trading Commission Kansas City, MO 64112 (816) 960-7750 jmettenburg@cftc.gov Ms. Mettenburg was the primary CFTC attorney in charge of the enforcement action that led to the receivership. 2. Michael Berlowitz Commodity Futures Trading Commission 140 Broadway New York, NY 10007 (646) 746-9759 mberlowitz@cftc.gov Mr. Berlowitz is an attorney in the New York office of the CFTC who recommended Mr. Alonso for the position and followed the project’s progress. The principal report of the IATrading.com Receiver is available here. D. Hempstead Drug-Market-Intervention (Ms. Reiss) Joseph Wing 1662 Old Country Road Suite 216 Plainview, NY 11803 Mr. Wing was the Chief of the Hempstead Police Department at the time of this initiative. A full-length ABC News program on this initiative can be found here. 26 CONFIDENTIAL E. 9 Centre Street Criminal-Offender Reentry Initiative (Ms. Reiss) Hon. Kathleen M. Rice U.S. House of Representatives (202) 225-4912 Kathleenmr@mail.house.gov New York Office: 300 Garden City Plaza Suite 200 Garden City, NY 11530 Washington, DC Office: 1508 Longworth House Office Building Washington, DC 20515 Congresswoman Rice was the District Attorney of Nassau County when this initiative was launched. F. Representation of New York State Senate in the Investigation of Senator Hiram Monserrate, 2009 (Mr. Alonso) Hon. Eric T. Schneiderman Attorney General of the State of New York 20 Broadway New York, NY 10004 (212) 416-8050 ets.nys@ag.ny.us Attorney General Schneiderman, while a member of the Senate, was the Chair of the Select Committee and supervised Mr. Alonso in his capacity as Special Counsel. The public report of the Select Committee can be found here. G. Department of Justice Fellowship, Statewide Best-Practices Committee for Prosecutors, 2013 – 2015 (Ms. Hamann) Honorable Denise E. O’Donnell Director, Bureau of Justice Assistance 810 Seventh St., NW Washington, DC 20531 (202) 616-3613 denise.odonnell@usdoj.gov 27 CONFIDENTIAL Ms. O’Donnell is the Director of the agency in charge of Ms. Hamann’s project and has frequent interaction with her. Although there has been no public report on Ms. Hamann’s project, she recently published an article about it, which can be accessed at this link. V. PROPOSED ACTIVITIES/PROJECT APPROACH The role of the Independent Monitor is well defined. The monitor is to measure compliance with a detailed reform plan, contained in the Settlement Agreement, which establishes specific protocols that the CDP must implement and with which it must comply. The Settlement Agreement gives the Independent Monitor the necessary access, power, resources, and recourse to succeed. Yet, we understand and appreciate the vital long-term goal of the Settlement Agreement — namely, that oversight of these protocols will be performed not only by the Monitor, but also through audits by the CDP itself. We thus appreciate the need for the CDP to create a viable internal audit plan that can be implemented and properly executed. Our goal, ultimately, is to leave the Cleveland Division of Police in a position to monitor itself once the Settlement Agreement ends. Because of the detail of the Settlement Agreement in outlining the prescribed protocols, success for the Independent Monitor depends not on a sophisticated investigative strategy, or on the creation of oversight protocols, or on the development of new or innovative policing strategies. Rather, the success of the Independent Monitor will be measured by its ability to: 1. Ensure all parties and the public that the Independent Monitor’s oversight is truly professional, independent, and unbiased. 2. Gain the confidence of all the parties and the public by the quality, experience, and professionalism of the personnel involved. 3. Produce a plan for its activities that effectively assists the CDP in reaching compliance with all aspects of the Settlement Agreement, without compromising protected rights of the public or members of the CDP. 4. Communicate in a timely and appropriate form its findings, and suggestions, if any, to the parties/stakeholders and the Court as required by the Settlement Agreement. 5. Provide appropriate technical assistance to the CDP when requested. 28 CONFIDENTIAL A. Disaggregation of the Decree The ability to organize the monitoring team efficiently and hit the ground running, quickly establishing monitoring policies and procedures, will not only be cost effective, but also will maximize CDP’s compliance early in the process. It is the hope that full compliance can be achieved swiftly and that an exit from the strictures of the Settlement Agreement occurs at the earliest possible point in time. As such, we will draw from the experience developed from the LAPD monitorship to promulgate a document entitled “Methodologies to Aid in the Determination of Compliance,” which will detail, with complete transparency, what will be required for the CDP to achieve compliance in each of the substantive provisions of the Settlement Agreement. This process is known as disaggregation of the decree or agreement. The document, which will be provided in draft for review and comment by the parties, will allow for true monitoring to commence immediately upon appointment. An example of a disaggregated paragraph follows on the next page: 29 CONFIDENTIAL Paragraph Number Paragraph Title Paragraph Text Task Description Task Methodology Required Data Sample Required Compliance Definition 49 Use of Force Policies CDP will develop and implement use of force policies that comply with applicable law and are adequate to achieve the goals described in paragraph 45. The use of force policies will incorporate the use of force principles above, and will specify that the unreasonable use of force will subject officers to the disciplinary process, possible criminal prosecution, and/or possible civil liability. 1. Ensure that CDP Use of Force policies are reviewed and revised in accordance with the enumerated paragraphs, and that the revisions reflect best current practices in policing. 2. Ensure that such revisions are appropriately implemented by: a. Ensuring that CDP personnel are appropriately trained in the revisions to the policy; b. Ensure that the policies as revised are the standard by which all Uses of Force will be measured in a determination of whether any such Use of Force is either within or out of policy. 1. Obtain a copy of the revisions of Use of Force Policies and ensure that such revisions comport with the requirements of the Settlement Agreement and reflect best current practices in policing. 2. Determine if appropriate curriculum has been developed for the training of all affected personnel in the revised policy. 3. Determine if all affected personnel have been appropriately trained in the revised policy. 4. Gauge whether the revised policy is being used for the administrative determination of whether a particular use of force is either within or out of policy. 1. Copy of proposed revisions to Use of Force Policy. 2. Copy of proposed curriculum for training on revised policies. 3. Training attendance records. 4. Use of Force Investigation documents. 100% for all items. Compliance with this provision will be achieved when the following tasks are completed: 1. Revision of policies in accordance with paragraph. 2. Appropriate curriculum is developed for training affected personnel on the revisions in policy. 30 CONFIDENTIAL Scheduled Reviews CrossReference Monitor Form(s) B. 3. >94% of all affected personnel are trained on revisions of policy utilizing the developed curriculum (training will be observed for compliance in this area). 4. Revised policy is being employed for the administrative determination of whether a particular use of force is either within or out of policy in >94% of Use of Force cases (this will be determined in conjunction with our review of all Use of Force cases). S1, S2, and ongoing with respect to Compliance Definition 4. ¶¶ 45-48 Use of Force Investigation review form. Methods of Obtaining Information As can be seen in the organizational chart in Appendix A, we have proposed well-defined teams and team leaders. In order to obtain required data from the CDP, these team leaders will maintain contact with their designated counterparts in the Department and will complete document requests that will be tracked in our database. Each request will be reviewed by the Primary Monitor to ensure that it is appropriate in terms of its scope and relevance. In short, documents will be gathered as called for in order to measure compliance as required by the Settlement Agreement. As can be seen from the sample Methodology to Aid in the Determination of Compliance above, the requisite data will already be known to the parties, as well as the semi-annual period in which the review will transpire. We intend to make the entire process as transparent as possible. We do not monitor by ambush, but rather will work collaboratively with the City of Cleveland and the CDP. In all possible instances, the Exiger team will strive for the electronic transmission of documentation. In some circumstances, the team will need to ask specific questions of responsible individuals. Such questions will be posed in writing and will necessitate written responses. Moreover, although most of data should be able to be compiled through the review of reports and data maintained by the CDP, we envision some instances where field observation may become necessary. On those occasions, seasoned professional investigators will perform the firsthand collection of data, operating under the direct supervision of the Primary Monitor. But data obviously will not provide all of the required information to achieve the aims of the Monitorship. We will thus begin with an intensive two-week push to gain an understanding of the command and field levels of the CDP. This will include extensive meetings with command staff, ride-alongs in each of the Districts, 31 CONFIDENTIAL curriculum review, and direct observations of training. We will speak to all stakeholders in the process, including City officials, community leaders, union officers, and others who would likely have relevant input. In sum, we will get to know the CDP intimately and fully understand the challenges that it faces. The Exiger team will maintain all information in a separate secured facility with access limited to those working on the project. Even for those working on the project, different levels of access to information will be established, so as to further limit the dissemination of sensitive information. C. Methods of Analyzing Information Diverse types of information have to be gathered and analyzed to complete the Monitorship. In some instances, we will be reviewing audits that the CDP has itself performed; in others, we will be conducting our own audits. In each of these situations, we will employ appropriate sampling methodology. In some areas of the Settlement Agreement, no audit will be necessary; instead, our team leads will have to analyze information to determine if the CDP has substantially complied with a particular paragraph. Regardless of the type of review necessary, however, we will determine a suitable methodology and employ the appropriate personnel from our team to gauge the nature and extent of compliance and implementation. This will be a wholly transparent process, understood and agreed upon by all parties before actual monitoring begins. D. Frequency of Proposed Activities We have developed a notional schedule (including budget estimates) of those paragraphs on which we expect to measure compliance in any particular semi-annual period; that schedule is in Appendix B. After award, we would expect to review the schedule with the parties and to adjust it by agreement. Any paragraphs with which the CDP believes it is currently in compliance will be monitored in the first semiannual period. It is anticipated that the first semi-annual period will end on December 31, 2015, with the team issuing a report covering those items actively monitored during that period on March 31, 2016. A draft of that report would be circulated to the parties for comment and review no later than March 5, 2016. A similar schedule would be followed for each subsequent semi-annual period. Any and all requests for recommendations or technical assistance pursuant to paragraph 372-73 of the Settlement Agreement will be addressed as expeditiously as possible. Technical assistance requests will be fulfilled either with existing staff, or, where best for the parties, through bringing in additional resources. E. Responsibility for Activities and Number of Hours Devoted As depicted in the organizational chart at Appendix A, we have attempted to match the expertise of our personnel to that of the task at hand. With respect to the 32 CONFIDENTIAL major responsibilities of the Monitor set forth in the Settlement Agreement, we have assigned primary responsibility for those tasks as follows: • • • • • • • • • • • Community Engagement and Building Trust: Gerald Nelson Community and Problem-Oriented Policing: Dr. Robin S Engel Bias-Free Policing: Beth Corriea Use of Force: Gerry Chaleff Crisis Intervention: Harold Hurtt Searches and Seizures: Roy Pollitt, III Accountability: Jonathan Ball Transparency and Oversight: Kristine Hamann Officer Assistance and Support: Meg Reiss Supervision: Henry DeGeneste Policies: Denise Lewis As Deputy Primary Monitor, Mr. Schlanger would be responsible for directly overseeing the dedicated team leads for the following substantive areas: Community Engagement and Building Trust; Community and Problem Oriented Policing; BiasFree Policing; Use of Force; Crisis Intervention; and Accountability. In addition to these oversight duties, Mr. Schlanger would supervise the day-to-day operations of the Monitorship, as well as interface with the CDP. Mr. Alonso would oversee the following substantive areas: Searches and Seizures; Transparency and Oversight; Officer Assistance and Support; Supervision; and Policies. Mr. Alonso would also supervise the reporting and report-writing elements of this project. F. Communication and Coordination with Cleveland and CDP Full and open communication with both the City of Cleveland and the CDP is crucial to the success of this Monitorship. As noted, our first task will be to meet with those key individuals in both the government and the CDP to establish the foundation of a good working relationship. We anticipate virtually daily contact between, on the one hand, the Primary and Deputy Monitors, and, on the other hand, the CDP Commissioner, Chiefs, and/or Decree Coordinator. As stated, we will also foster relationships between our staff and the appropriate counterparts in the CDP, facilitating communication and the collection of necessary data. Finally, we expect to hold periodic status meetings at least every six weeks. The Primary and Deputy Monitors will attend each meeting in person, with other team members attending either in person or by video/audio conference call. 33 CONFIDENTIAL VI. POTENTIAL CONFLICTS OF INTEREST OR BIAS No Exiger team member has a potential or perceived conflict of interest with the parties or with the Monitorship of the CDP. In 2004 to 2005, Dr. Engel was the Co-Principal Investigator for the Traffic Stop Data Collection Project for the City of Cleveland, Department of Public Safety, Division of Police, which was funded by the CDP, and received additional funding from the CDP for an extension of that data collection project in 2006. Otherwise, no team member has current or former employment or contracts with the City of Cleveland or CDP. We have gone to great lengths to ensure that there is no possible appearance of bias for any party. We can unequivocally state that no officer, agent, or employee of the City of Cleveland has a pecuniary interest in this proposal or has participated in contract negotiations on behalf of the City. This proposal is made in good faith without fraud, collusion, or connection of any kind with any other bidder, and Exiger is competing solely on its own behalf without connection or obligation to any undisclosed person or firm. VII. ESTIMATED COSTS A. Billing Rates for Professional Services In this section, we set forth a price proposal based on our preliminary expectation as to the scope of the Monitorship, which is derived from our review of the Settlement Agreement and request for proposals. Because it is simply not possible, at such an early stage, to offer a precise estimate as to the costs of an endeavor of this complexity and magnitude, the parameters of our estimated costs, as well as our estimated monthly and annual fee totals, are necessarily imprecise. In providing our best estimates, we have drawn from our experiences in past police monitorships. We have attached a Budget/Schedule Notional Spreadsheet in Appendix B. That document sets forth our anticipated number of hours per semi-annual period of the five-year Monitorship. The Spreadsheet is broken down by each relevant paragraph of the Settlement Agreement containing monitoring tasks, and further grouped by each substantive area of the Agreement. Exiger will bill this project on a per hour blended rate basis, built up from discounted rates of approximately percent from our standard commercial rates. The blended rate that we are prepared to charge i er hour in the first year, subject to a three-percent increase in subsequent years. This blended rate will apply to all professional hours, but excludes travel and out-of-pocket expenses. Travel expenses will be billed at and in strict compliance with existing City of Cleveland policies. For the purpose of providing a budget estimate, 34 CONFIDENTIAL we have added a percent total cost for travel expenses. Moreover, please note that our estimate is exclusive of any technical assistance that we may provide upon request pursuant to paragraphs 372-73 of the Settlement Agreement. In terms of office space, it has been our experience that monitorships work best when the monitored entity provides office space on site, and we would hope that the City would have some space at its disposal, as contemplated in paragraph 357 of the Settlement Agreement. This has the obvious benefit of facilitating a close working relationship and the exchange of information. B. Estimated Billable Hours and Cost Per Year Based on what we understand about the Monitorship at this point in time, we can provide rough estimates of the number of hours that we anticipate billing over the course of the Monitorship. As noted, these estimates are set forth in greater detail in the Budget/Schedule Notional Spreadsheet at Appendix B. Generally, we would anticipate billing 3,637 total hours in the first year at a cost of ; 3,018 total hours in the second year at a cost of ; 2,927 total hours in the third year at a cost of ; 2,722 total hours in the fourth year at a cost of ; and 2,802 total hours in the fifth year at a cost of . An estimated percent cost for travel expenses over the five-year period would be C. Preliminary Price Proposal Based on the estimates above, the total billable hours for the five years of the Monitorship are 15,106 hours, subject to revision upward or downward as the team learns more about the project. The total cost, consequently, would be Please note that we are amenable to discussing a fixed fee option as well. CONCLUSION The proposed Exiger monitorship team has extensive law enforcement and civil rights backgrounds, concentrated expertise in policing, and, perhaps most importantly, unrivaled independence and integrity. We are confident in our ability to execute the duties of the Monitorship successfully and as efficiently as possible, and hope to be given the opportunity to do so. 35 CONFIDENTIAL