BACKGROUND

History was made in Cincinnati on April 11, 2002. On that date, representatives of the City of Cincinnati, its police officers, and its citizens signed an agreement that set a path for a new era of cooperation between the police and the community. This was a result of the worst rioting in decades following the death of Timothy Thomas, an unarmed African American, who was shot and killed by a police officer.

Conflicts between police and community have been increasing in many American cities, resulting in the initiation of lawsuits against police departments. Investigations into police practices by the U.S. Department of Justice are occurring in a number of jurisdictions as well. Both of those processes began in Cincinnati early in 2001, but only in Cincinnati have a broad spectrum of citizens, in conjunction with rank-and-file police officers, participated directly in the resolution of those conflicts, thus ensuing in the establishment of new procedures for police-community relations.

In May 2001, Federal Judge Susan J. Dlott signed an order establishing a collaborative process to engage the community in working out an alternative to a win-lose lawsuit that alleged a pattern of racial discrimination by the Cincinnati Police Department. Instead of a trial on the details of the incident, the collaborative agreement would address broader social conflicts in the city.

More than 3,500 citizens offered their views on improving the relationship between officers and the community. These perspectives were obtained through the use of questionnaires submitted by eight segments of the community: African-Americans, whites, youth, leaders of religious organizations, social service agencies, business and foundation leaders, educators, police and their families, city employees, and other groups of diverse backgrounds. These views have been addressed in the final agreement.

The resulting suggestions were merged into five goals, which are addressed in the agreement.

1. Police officers and community members will become proactive partners in community problem solving.

2. Build relationships of respect, cooperation and trust within and between police and communities.

3. Improve education, oversight, monitoring, hiring practices, and accountability of the Cincinnati Police Department.

4. Ensure fair, equitable, and courteous treatment for all.

5. Create methods to establish the public’s understanding of police policies and procedures and recognition of exceptional service in an effort to foster support for the police.

The Cincinnati Black United Front, the American Civil Liberties Union, the Fraternal Order of Police, and the City of Cincinnati signed the agreement. At the same time, the city and the Justice Department reached a Memorandum of Agreement to improve police operations and establish policies and procedures in such areas as use of force, training, and discipline of officers.

Both agreements will be linked and overseen by a single independent monitor over the next 5-year period.

THE COLLABORATIVE AGREEMENT

The agreement sets out ways for different groups to work together and evaluate progress. It is set up with the perspective that various groups, though they have their differences, will find their common ground and work together to solve problems.

Community Problem Oriented Policing

Policing has traditionally been about enforcement of existing laws. It is often reactive and emphasis punishment. While this approach will always be needed for some specific individuals and situations, the Collaborative Agreement offers a different approach for some recurring problems: Community Problem Oriented Policing or CPOP. Under CPOP, all parties to the agreement will help the police and community work together to address such problems as crime, disorder, and the quality of life issues in Cincinnati, and all parties will be held accountable for implementing CPOP. The city is required to come up with a plan for involving a number of city agencies, in addition to the police, in community problem solving.

This is how CPOP will work: Problems are defined, for example, patterns of crime or victimization, and these problems are to be solved. They are to be carefully defined and analyzed, using data, intelligence and community input. Then the problem-solving partners search for solutions that may require the participation of other city agencies, community members and the private sector. Finally, these efforts are evaluated to assess whether the problem has been reduced or eliminated. In short, CPOP is about the police and the community joining together in ways that are participatory and preventive.

Evaluating the Implementation of the Agreement

The agreement requires that all participating parties, with both the support and the supervision of the independent monitor, develop a system to track their progress in reaching the goals. The tracking system amounts to a "mutual accountability plan." This means that the police administration, members of the police department and members of the general public are closely observed and that all favorable and unfavorable conduct is documented and then used to improve police-community relations.

The evaluation process will include surveys of citizens and police officers and observations of police-citizen interactions. An annual report will be published using these and other data to answer 35 specific questions that address the concerns expressed by city officials, police officers and community members.

Bias-Free Policing

The agreement requires the city to provide police service in a fair, impartial manner without discriminating on the basis of race, color, or ethnicity, It already has begun to measure whether any racial disparity is occurring in police stops of motor vehicles. Officers are expected to explain to citizens in a professional, courteous way why they were stopped. The independent monitor’s reports will include statistics on the race of all persons stopped (whether or not that person is in a vehicle), detained, searched, arrested, or involved in a use of force, as well as the race of the officer making the stop.

THE AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF JUSTICE

The City of Cincinnati and the Justice Department reached a "Memorandum Of Agreement" in April that ended the department’s investigation of the Cincinnati police and established procedures for improving police operations. By initiating the investigation and entering into a settlement with the Justice Department, Cincinnati avoided the court-imposed decree faced by many other cities.

The agreement requires new or revised policies in such areas as: use of force; investigations of allegations of misconduct; and, training of police recruits and current officers.

Specific provisions include:

• Near-total ban of the use of choke holds;

• A limit on the use of chemical sprays to control crowds;

• A requirement that handlers of police dogs get approval from a supervisor and issue verbal warnings before releasing their dogs.

Police department supervisors are required to document and investigate use of force to determine policy was followed and to evaluate the tactics used by the officer.

Citizen Complaint Authority (CCA)

A new Citizen Complaint Authority will have jurisdiction over all complaints of excessive force, fire-arms improperly pointed at people, unreasonable searches, and discrimination. The CCA replaces and combines the Citizens Police Review Panel and the Office of Municipal Investigation.

It consists of a board of seven citizens appointed by the mayor and approved by the city council, a full-time executive director and staff, and a team of professional investigators.

Implementation and Oversight

"A monitor whose responsibilities include:

1. Issuing quarterly reports detailing the city’s compliance with reform issues, including new use of-force policies, community efforts to enhance trust between law enforcement and citizens; tracking and monitoring of problem crime locations; and tracking citizen complaints about officers.

2. Collecting data on when officers draw weapons and point them at citizens.

3. Offering feedback and guidance to the parties on how best to meet goals.

4. Notifying the Justice Department if the city fails to comply with a provision."

(Cincinnati Enquirer, pg. A12, November 14, 2002)

In addition to the monitor, who must have law enforcement experience, and the Citizen Complaint Authority, other groups and individuals will have a role in implementing the Collaborative Agreement. For example, a community advisory group, "Friends of the Collaborative", will be established to consult with and support the parties.

The ability to make the model a success now rests with all the people of Cincinnati. The tools are at their disposal. They will determine whether the culture of problem solving takes root in Cincinnati.

Barbara Hogan
Greater Cincinnati Study Circles Steering Committee Co-Chair
Working on Community-Police Relations