LAW AND PUBLIC SAFETY COMMITTEE Christopher Smitherman, Chair June 23, 2020 Jeff Pastor, Member 8:30 A.M. Betsy Sundermann, Member Jan-Michele Kearney, Member Council Chambers Room 300 Rebecca Ross Peter Stackpole, Law Lt. Elena Comeaux, CPD Clerk to the Committee AGENDA 1-202000793 Pg. 3 MOTION, submitted by Vice Mayor Smitherman, WE MOVE that the City Administration provide a report on all jurisdiction agreements between the City of Cincinnati and law enforcement agencies in the Greater Cincinnati Region. The report should include surrounding police forces, nearby universities. Sheriff departments and the Ohio State Highway Patrol. 2-202000780 Pg. 4 MOTION, submitted by Vice Mayor Smitherman WE MOVE that a child of small stature will not be tased by Cincinnati Police. WE FURTHER MOVE that any deployment of a taser on any minor child be reported immediately in writing to the Chair of Law & Piiblic Safety within 5 business days of the incident. WE FURTHER MOVE that if the deployment of the taser on a minor child does not meet the CPD policy on use of force or City Council's direction to not tase a child of small stature, the Chair of Law & Public Safety will hold a public hearing during its usually scheduled meetings to discuss the tasing within 30 business days of notification unless on summer recess. If on summer recess, the Chair of Law & Pisblic Safety must hold a public meeting about the incident all the first or second Law & Public Safety meeting following any recess of City Council. (STATEMENT ATTACHED) 3-202000765 Pg. 5 MOTION, submitted by Councilmember Pastor, WE MOVE that the following reforms be made in the interest of piiblic safety and accountability: 1. Police misconduct records are publicly accessible and public-facieing with a searchable online database on the City of Cincinnati's website. 2. Ban the hiring of officers who were previously fired or who resigned while being investigated for serious misconduct and/or excessive use of force 3. Require the Cincinnati Police Departments to report every stop, search, arrest use of force, and pointing of a weapon at a civilian to a public database including the officer ID, location, perceived race, age, gender and disability status. This data and analysis shall be piiblished regularly but no less than annually. (BALANCE OF MOTION ON FILE IN THE CLERK"S OFFICE) 4-202000774 Pg. 6 MOTION, submitted by Councilmembers Landsman, Kearney and Sittenfeld, Bringing forward policy change in the form of this motion is a first step in working together on addressing and fixing short-term issues while also addressing longer-term, more systemic reforms. As such, ^ MOVE that the Administration, working with City partners, especially the Cincinnati Black United Front and the Ohio Justice and Policy Center who have put these reforms forward, take up the following recommendations: (BALANCE ON FILE IN CLERK'S OFFICE) 5-202000720 Pg. 8 MOTION, submitted by Councilmembers Sittenfeld, Seelbach, Young, Kearney and Landsman, Smart public policy certainly can't cure every evil or erase the hate in some people's hearts. But it can still do transformative good and we remain hungry, as does our community for new ideas. Here are policies and ideas that we either already support suid will sponsor; policies where we need your help and advocacy; and policies which at minimum deserve consideration and review by our City Council in collaboration with the City Law Department: - Strengthening and funding the next phase of our city's Collaborative Agreement - Immediately reconvening the Manager's Advisory Group, the body responsible for providing guidance on policing - to allow for increased community involvement euid civilian oversight - Fully funding the Citizen Coaqplaint Authority - Passing an ordinance punishing 'knowingly or recklessly' reporting someone to the police on the sole basis of their race, gender or other bias - Expansion of our Bail Reform policy; Cincinnati City Council has instituted its first-ever bail reform legislation cUid we believe we should now expand it, ending the system of wealth-based detention. Furthermore, public pressure must be put on Hamilton County, which contains the Prosecutor's office, to do the same as that is where the majority of defendcuits are processed - Advocacy on next steps for divestment from the private prison industry. Cincinnati City Council has sponsored a divestment policy from private prisons. However, the Cincinnati Retirement System Board has not yet carried out our directive and they must be pressured to do so - Given current Constitutional prohibitions against residency requirements for Police Officers, finding creative ways to facilitate more officers living in the community that they police. The policy of awarding additional points to police applicants who come through our city's Public School safety academy is a good exanple of this - Similarly, we need to find legally allowable mechanisms to help the conqposition of our Police Department better reflect the demographics of our City (currently, Cincinnati is 44% black, with a Police Department that is 29% black) -Legislation making it illegal for the Police Department to hire officers who were previously fired or who resigned while being investigated for serious misconduct and/or excessive force - Legislation making it subject to a vote of the City Council for the Police Department to receive military weapons or equipment. (STATEMENT ATTACHED) 6-202000722 Pg. 11 ORDINANCE (EMER(^NCY), dated 6/10/2020, submitted by Patrick A. Duhaney, City Manager, MODIFYING the provisions of Title VIII, ^^Business Regulations," of the Cincinnati Municipal Code by AMENDING Section 869-7, '^^Rules and Regulations for Police Rotation List," to allow the City to engage a third party to manage tow services on behalf of the City. 8111 I'liim Sircct, Suite 356 Ciiiciiiniiii,(Miio 4521)2 City of Cincinnati i'hoiu- (513) 352-3464 iimail cliristoplKT.smithc"rmaii(fl. cincinnaii-fih.gov Wfb www.cincinnaii-oh.gov Christopher E. C. Smitherman Cjndmiati I icr Wayor June 10, 2020 MOTION WE MOVE that the City Administration provide a report on all jurisdiction agreements between the City of Cincinnati and law enforcement agencies in the Greater Cincinnati Region. The report should include surrounding police forces, nearby universities, Sheriff departments and the Ohio State Highway Patrol. Vice Mayor Cm therman COMMITTEES Chair: Law & Public Safcn" Committees: Lconomic Growrli & Zoning • Neighborhoods Kill I'liini Street, Suite 35t) (iiiicinnati. Ohio 45202 City of Cincinnati Plione (513)552-3464 limail dirisropl)er,smithcrman(S cinciiinati-oh.gov Wei) \\-\v\v.cinciiinati-oh.gov Christopher E. C. Smitherman i.indnmili I ice hlayur June 17, 2020 MOTION WE MOVE that a child of small stature will not be tased by Cincinnati Police. WE FURTHER MOVE that any deployment of a taser on any minor child be reported Immediately in writing to the Chair of Law & Public Safety within 5 business days of the incident. WE FURTHER MOVE that if the deployment of the taser on a minor child does not meet the CPD policy on use offeree or City Council's direction to not tase a child of small stature, the Chair of Law & Public Safety will hold a public hearing during its usually scheduled meetings to discuss the tasing within 30 business days of notification unless on summer recess. If on summer recess, the Chair of Law & Public Safety must hold a public meeting about the incident at the first or second Law & Public Safety meeting following any recess of City Council. Vice Mayor Christopher Smitherman STATEMENT My office in 2003/2004 introduced legislation to City Council attempting to take children "off the table" from being tased. My office in 2003/2004 was concerned with the full introduction of tasers to all police officers at the same time with no policy around use on children. I was unelected in 2004. Since that time small children have been tased in Cincinnati which has concerned my office. It is time to establish transparency around our children when use offeree with a taser is used. It is time for Cincinnati City Council to go on record after 16 years establishing that our children of small stature in Cincinnati will not be tased. COMMITTEES Chair: I.,aw & i^ublic Safety • Committees: Ixonomic Crowtli & Zoning • Neighborhoods City of Cincinnati 801 Plum Street, Suite 346A Cincinnati, Ohio 45202 Phone (513) 352-5243 litnail jeff.pastor@cincinnati-oh.gov Web www.cincinnari-oh.gov Jeff Pastor Councilmember June 15, 2020 MOTION We MOVE that the following reforms be made in the interest of public safety and accountability: 1. Police misconduct records are publicly accessible and public-facing with a searchable online database on the City of Cincinnati's website 2. Ban the hiring of officers who were previously fired or who resigned while being investigated for serious misconduct and/or excessive use of force 3. Require the Cincinnati Police Departments to report every stop, search, arrest, use of force, and pointing of a weapon at a civilian to a public database including the officer ID, location, perceived race, age, gender, and disability status. This data and analysis shall be published regularly but no less than annually. 1. Use this data to monitor officer behavior in real-time to identify early warning signs of misconduct and provide strategies to intervene 4. Require any officers who shoots someone to submit to mandatory drug and alcohol testing within one hour of the shooting. 5. Nothing in the disciplinary procedures and collective bargaining agreement of the Cincinnati Police Department and its union shall not have language affecting misconduct investigations, discipline, officer accountability, and record keeping. 6. Create a pilot grant program for community-based response to local emergencies, including: 1. Public health crises 2. Unhoused people in crisis 3. People experiencing mental health crises 4. People exposed to intimate partner or community violence 5. People with a substance abuse disorder 7. Send a letter to the Ohio State House and Ohio State Senate urging them to end qualified immunity for those found guilty of violating a citizen's constitutional rights. 8. Direct the City Solicitor to draft language for an Amendment to the City Charter requiring that the Citizen Complaint Authority is fully funded during every budget cycle. Ccijj ncilmi^ber Jeff Pastor COMMITTEES Chain Neighborhoods Member:Budget & Finance • Economic Growth & Zoning Law & Public Safety City of Cincinnati 801 Plum Street, Suite 346B Cincinnati, Ohio 45202 Phone; (513) 352-5232 Jimail: gregJandsman@cincinnati-oh.gov Web: \v\vu".cincinnati-oh.gov Zozo00 n-f Greg Landsman Coundhue/f/her June 8, 2020 Motion Bringing forward policy change in the form ofthis motion is a first step in working together on addressing and fixing short-term issues while also addressing longer-term, more systemic reforms. As such, WE MOVE that the Administration, working with City partners, especially the Cincinnati Black United Front and the Ohio Justice and Policy Center who have put these reforms forward, take up the following recommendations: • Apply laws and policies fairly, and eliminate disparities in the criminal-legal system. Review and release data, particularly in regards to arrests. Through a continuous improvement mindset and commitment to bias-ff^e policing, adopt new policies and protocols to eliminate disparities. • Offer warnings first and problem solve for constructive, creative solutions while policing and review use-of-force policies. Pursue new investments in problem-solving using strategies beyond charges. This includes developing ajuvenile problem-solving team to reduce arrest and use-of-force against youth, as presented in the CPD Press Release on 10/30/20J8. Develop appropriate ordinance(s) to reduce arrests and ensure citations/summons are issued wherever possible. Direct city prosecutors to take a position against monetary bailfor all misdemeanor suspects in nonviolent offenses, which is consistent with the April 2019 Council directive on use ofbail. Conduct, with oversightfrom the MAG,internal and external reviews ofcurrent use-of-force protocols as well as trainings. Identify what changes need to be made in terms ofuse-of-force as well as additional training that may be needed, and how we implement, track, and enforcefidelity to these protocols and trainings, across the department and during evety shift. We ask the Administration to pay particular attention to de-escalation, domestic violence, encounters with the mentally ill, and cultural competency training so that our law enforcement officers are better equipped to handle situations in a non-violent way. The Administration should create publically-available report(s) explaining the development, implementation, and results ofthese use-of-force reviews, policies, and trainings. Administration should report on the employee tracking system, records management system and electronic contact cards, which were recently discussed in the letterfrom City Managers Advisory Board(MAG)Community Representatives dated 1/13/2020. • Address the pandemic as an issue of public health, not of criminality. Review and respond to the disparities in arrests in the context ofstay-at-home and other social distancing orders. The Administration should also work within its power to drop chargesfor violation ofthese orders. As part ofthis effort, the city prosecutor should not pursue criminal charges under R.C. 3701.352 against any person chargedfrom 3/16/2020 to 5/19/2020. • Revive the Citizen Complaint Authority(CCA), lam asking that the $200,000 come directlyfrom the police budget and go towards the CCA tofund the 2 remaining investigator positions. The authorizing ordinance requiresfive investigators plus a permanent director, but the CCA is standing at 3full-time staffers. We must also promptly hire a new director ofthe CAA, and establish and execute on communications and community engagement efforts to connect CAA leadership with the community and vice-versa. • Revive the Managers Advisory Group(MAG)within two weeks. City of Cincinnati 801 Plum Street, Suite 346B Cincinnati, Oliio 45202 Phone: (513) 332-5232 Email: gr(55Jand.smaxi@dncinnati-oh.gov Web: www.cincinnari-oh.gov Greg Landsman C.otiiiah»ml>er June 8, 2020 Public Safety Academy. As part ofour commitment to a diversify the police andfire divisions, take necessary steps tofully implement Charter Amendment authorizing public safety academy within the Cincinnati Public Schools and related civil service measures. Improve policing data collection, analysis and evaluation capabilities - including tracking by race. We need to update and make public these data, desegregate adult- andjuvenile-data, and act on the disparities together. Collaborative Refresh. Coordinate Collaborative Refresh with all ofthese actions and implement refresh promptly. Act on these recommendations immediately with the Collaborative partners, OJPC and other community partners, and report back to Council with results in sixty days. Councilmember Greg Landsman 801 Plum Street, Suite 354 Cincinnati, Ohio 45202 City of Cincinnati Phone (513) 352-5270 Fax (513) 352-5287 Email pgsittenfeld@cincinnati-oh.gov Web C-? www.cincinnati-oh.gov O C?C> P.G. Sittenfeld Courtcilmember June 3, 2020 MOTION Smart public policy certainly can't cure every evil or erase the hate in some people's hearts. But it can still do transformative good, and we remain hungry, as does our community, for new ideas. Here are policies and ideas that we either already support and will sponsor; policies where we need your help and advocacy; and policies which, at minimum, deserve consideration and review by our City Council in collaboration with the City Law Department: -Strengthening, and funding the next phase of our city's Collaborative Agreement -Immediately reconvening the Manager's Advisory Group, the body responsible for providing guidance on policing - to allow for increased community involvement and civilian oversight -Fully funding the Citizen Complaint Authority -Passing an ordinance punishing 'knowingly or recklessly' reporting someone to the police on the sole basis of their race, gender or other bias -Expansion of our Bail Reform policy: Cincinnati City Council has instituted its first-ever bail reform legislation, and we believe we should now expand it, ending the system of wealthbased detention. Furthermore, public pressure must be put on Hamilton County, which contains the Prosecutor's office, to do the same as that is where the majority of defendants are processed -Advocacy on next steps for divestment from the private prison industry. Cincinnati City Council has sponsored a divestment policy from private prisons. However, the Cincinnati Retirement System Board has not yet carried out our directive, and they must be pressured to do so -Given current Constitutional prohibitions against residency requirements for Police Officers, finding creative ways to facilitate more officers living in the community that they police. The policy of awarding additional points to police applicants who come through our city's Public School safety academy is a good example of this -Similarly, we need to find legally allowable mechanisms to help the composition of our Police Department better reflect the demographics of our City (currently, Cincinnati is ~ 44% black, with a Police Department that is ~29% black) COMMITTEES CAfl/V.* Education, Innovation & Growth Budget & Finance • Equity, Inclusion, Youth & The Arts O 801 Plum Street, Suite 354 Cincinnati, Ohio 45202 City of Cincinnati Phone (513) 352-5270 Fax (513) 352-5287 Email pg.sittenfeld@cincinnati-oh.gov Web www,cincinnati-oh.gov P.G. Sittenfeld Cotindlmmber -Legislation making it illegal for the Police Department to hire officers who were previously fired or who resigned while being investigated for serious misconduct and/or excessive force -Legislation making it subject to a vote of the City Council for the Police Department to receive military weapons or equipment STATEMENT As we engage in the essential act of protest to channel our anger and demand change, the important question is: What should the agenda for reform look like? Before speaking to policies that we believe will help, it's important to consider our local context: In Cincinnati, our own ugly past - almost 20 years ago, we were in the situation that Minneapolis now is - has helped us forge a tenuous progress, including but not limited to: -Implementation of our city's Collaborative Agreement. This historic accord - originally entered into in 2001 between the City of Cincinnati, the Black United Front, the ACLU of Ohio, and the United State Department of Justice, and which involved extensive conversation and feedback from over 3,500 people - established many of the following reforms: -Creation of the Citizen Complaint Authority, the civilian body charged with investigating citizen complaints against police officers -Standards for use of force -Adopting an approach of Community-Oriented Policing Additional progress has included: -Body-worn cameras for police officers -Cultural competency, implicit bias, and de-escalation training for police officers -Reforms to the broken, unjust system of cash bail -A ban on chokeholds -Moving away from arrests for minor violations (including the decriminalization of marijuana possession) -Protocols requiring officers to intervene and protect persons in custody from mistreatment -Awarding of additional points to police applicants who come through our city's Public School safety academy, which is a majority students of color COMMITTEES Chair:Education, Innovation & Growth Member: Budget & Finance • Equity,Inclusion, Youth & The Arts 801 Pliam Street, Suite 354 Cincinnati, Ohio 45202 City of Cincinnati Phone (513) 352-5270 Fax (513) 352-5287 Email pgsittenfcld@cindnnari-oh.gov Web www.dncinnati-oh.gov RG. Sittenfeld Councihmmber We have made many progressive changes in our Police Department, and have a Chief- Eliot Isaac - who has embraced key reforms. But we - like any community - would be foolish to think our City cannot do more to combat the inequities in our system. Council Member P.Cf. Sittenfeld COMMITTEES CAfwV; Education, Innovation & Growth Budget & Finance • Equity, Inclusion, Youth & The Arts city of CINCINNATI InterdeDartment Correspondence Sheet C June 10, 2020 To: Mayor and Members of City Council From: Patrick A. Duhaney, City Manager^ 202000722 Subject: Emergency Ordinance - Modifying Section 869-7,"Rules and Regulations for Police Rotation List," to Allow the City to Engage a Third Party to Manage Tow Services on Behalf of the City Transmitted herewith is an emergency ordinance captioned as follows: MODIFYING the provisions of Title Vlii, "Business Regulations," of the Cincinnati Municipal Code by AMENDING Section 869-7, "Rules and Regulations for Police Rotation List," to allow the City to engage a third party to manage tow services on behalf of the City. The Administration recommends passage of this emergency ordinance. Attachment EMERGENCY 01% flf Olmritmatt KMB ^ An ®riiman« -2020 MODIFYING the provisions of Title VIII,"Business Regulations," of the Cincinnati Municipal Code by AMENDING Section 869-7,"Rules and Regulations for Police Rotation List," to allow the City to engage a third party to manage tow services on behalfofthe City. WHEREAS,the City of Cincinnati administration requires the flexibility to outsource tow management; and WHEREAS, outsourcing tow management services will save the Cincinnati Police Department administrative time; and WHEREAS,outsourcing tow management services will create a cost savings to the City diiring a time offinancial stress resulting from the impact of COVID-19; now,therefore, BE IT ORDAINED by the Council ofthe City of Cincinnati, State of Ohio: Section 1. That Section 869-7, "Rules and Regulations for Police Rotation List," of Chapter 869,"Wrecker and Towing Operations," of Title VIII, "Business Regulations," of the Cincinnati Municipal Code is hereby amended as follows: Sec. 869-7.- Rules and Regulations for Police Rotation List. The City Manager or the City Manager's designee shall promulgate rules and regulations describing the procedures to be observed by wrecker and towing operators on the police rotation list. The rules and regulations shall include a schedule offees to be charged to owners for towing services as specified in section 513-7 or its successor, a list of charges for towing services to be paid to towing companies or operators who tow vehicles at the request of the city, criteria for towing and wrecker equipment, required employee training and/or licensing, security requirements for storage and equipment, the method of selection of wrecker operators for a particular tow,and the policy required by section 513-7 for reducing the impound and towing charges. The Citv Manager mav designate a third nartv who has lawfullv entered into an agreement for the management of police tows to administer the police rotation list in accordance with section 869-5 and the rules and regulations. The rules and regulations may be revised from time to time by the city manager or the city manager's designee to reflect the needs of the City and the police department, except that the fees charged to car owners for towing ftA. and impoundment may be changed only by amending the provisions of Section 513-7 of the Municipal Code or its successor. Section 2. That Section 869-7,"Rules and Regulations ofPolice Rotation List," ofthe Cincinnati Municipal Code is hereby repealed. Section 3. That the proper City officials are authorized to do all things necessary and proper to carry out the terms of Section 1 hereof. Section 4. That this ordinance shall be an emergency measure necessary for the preservation ofthe public peace, health, safety, and general welfare and shall, subject to the terms of Article II, Section 6 of the Charter, be effective immediately. The reason for the emergency is the immediate need to redirect administrative resources and address budget concerns arising from the COVID-19 pandemic and its impact of City finances. Passed: ,2020 John Cranley, Mayor Attest: Clerk New language underscored. Deleted language indicated by strikethrough.