Chattanooga Police

City Council Presentation

January 29, 2019
ADM-1 Internal Affairs Policy:

The Chattanooga Police Department shall ensure the integrity of the

Department and its employees by investigating all allegations of
employee misconduct from any source, outside or inside the
Department including third-party and anonymous complaints.
Investigations shall be conducted and appropriate investigative
records shall be maintained. This written directive is applicable to all
employees of the Department. All personnel shall be responsible for
compliance with this directive.
Administrative/Internal Investigations
● Receipt of complaint or allegation
● Determination of formalization
● Assign IA Investigator
● Conduct investigation
● Internal Affairs LT reviews and submits Conclusion of Fact
● File is forwarded through multiple levels of command
● Submitted to Administrative Review Committee
● Reaches Chief of Police for review and hearing determination
Relief of Duty

● Once an allegation of significant concern

is brought to the department’s attention, ● “Why not suspend
an employee can be relieved of duty by
any supervisor. without pay?”
● Officer may not take any action under
color of law or represent the department in ○ Double jeopardy
any capacity, no extra employment, no
uniform, no city vehicle. ○ Length of investigation
● This can be revised to Modified Duty.
Depth and length of investigation vs process

● Length of investigation is dependent upon

● The Garrity Story
many external variables
● Number of individuals present ● Criminal vs Administrative
● Any and all video or other technological
capture
interviews
● Criminal investigations connected to the ● Preparation and presence
incident(s) - extremely important when
attaching Garrity consideration
of counsel- min 14 days-
letter for DRH
Collection of physical evidence

● Use of Force reports, Incident reports, affidavits, all submitted

documentation connected to the allegation are collected.
● All BWC and ICVARS video and all documented reviews of these items.
● “Each reviewer SHALL view all available Body Worn Camera or In Car
video prior to forwarding the Use of Force report”- this has been
applied and resulted in the administrative investigation of an improper
application of force by officers.
Use of Force Review

● All UOF reports are submitted in Blue Team through the chain of
command to the Division Commander, typically a Captain.
● Must review all video evidence related to the report.
● If determined to not be consistent with policy, the report shall be sent to
Internal Affairs
Administrative Review Committee
● Formed for the purpose of reviewing and
considering the recommendations
concerning conduct violations and making
its own recommendations to the Deputy
Chief and Chief of Police for final
dispositions.
● Composed of (7) members for each
review, Asst Chief (Chair), 3 sworn
members of the CPD and 3 community
members.
● Generally meets monthly, dependent upon
caseload.
● Confidentiality agreement by all members
required.
● ARC makes recommendations with
regards to discipline and training.
● Recommendations and dissenting
decisions are all reported to the Chief of
Police and made a permanent part of the
IA investigative file.
Final disposition

● Generally 4 determinations:
○ Sustained
○ Not Sustained
○ Unfounded
○ Exonerated
● Occasionally use Administratively Closed - resigned under investigation
● ADM-16 Code of Conduct
● Discipline Matrix
● Discipline Levels
Discipline Matrix
Loudermill Hearing

● This is a legally required meeting between

a government employer and an employee
that faces discipline that affects a
property right.
● In short, it is a requirement to hold our
Disciplinary Review Hearing with an officer
before any review or final disposition that
might result in disciplinary actions
involving suspension without pay,
demotion or termination.
Next step- Mediation/ALJ Hearing

● Employee has the ability to request a
collaborative mediation session as first
step in appeal.
● If this does not reach a jointly agreed upon
resolution, the employee may file for an
appeal hearing with an Administrative Law
Judge.
● An ALJ Hearing is a legal proceeding
where testimony is given under oath and
evidence is presented.
● The ALJ reviews all presented items and
testimony and renders a decision on whether
disciplinary decision administered by the
Chief of Police is UPHELD or REVERSED.
● This is why the process we follow and
decisions we make are critically important.
History of appeal decisions

● From 2006 - 2017, 55 of the nation’s
largest police departments have
terminated at least 1,881 officers for
misconduct, more than 450 have been
reinstated in the appeals process (24%).
● Some of this has come from ALJ hearings
or overruled by arbitrators.
● The reasons stated vary from punishment
being too harsh, missed deadlines, lacking
sufficient evidence, or failing to interview
witnesses.
● Many of the specifics of these cases are
sealed or not available, but the
department’s basis for termination ranged
from forging prosecutors signatures,
striking a handcuffed suspect, failing to
pay personal citations to cases involving
criminal prosecutions.
CPD’s ALJ History: Last 5 years
● 2014 - Suspension reversed- special
circumstances
● 06/25/2015 - Dismissal of ALJ matter and agreed
reduction of 30 day suspension to 25 day
suspension
● 04/15/2016 - Upheld judgment of disqualified
from receiving unemployment benefits
● 04/10/2017 - Termination upheld
● 01/26/2018 - Termination upheld
● 05/18/2018 -Termination upheld
● “It’s demoralizing to the rank and file who
really don’t want to have those kinds of
people in their ranks…It causes a
tremendous amount of anxiety in the
public. Our credibility is shot whenever
these things happen.”
Charles H. Ramsey
Former Police Commissioner,
Philadelphia
Further importance of the
investigation: Monell Ruling
POST Decertification

YEAR # of Officers
2018
2015 3 ● 142 Administrative Investigations
● 18 of those Use of Force (12.6%)
2016 1 ● 3 Sustained
● 11 pending
2017 2
● 4 Not Sustained, Unfounded, or Admin Closed
2018 9

2019 1
The Chief’s Role…..
● Review all materials presented at the
conclusion of the investigation
● Make determination on the justification for
holding a Disciplinary Review Hearing
(DRH)
● Conduct the DRH
● Render a final disposition and impose any
discipline in accordance with department
policy
● Recommend for decertification, if
warranted
● Participate in all subsequent appeal
stages and findings
● Maintain professionalism and objectivity
throughout, this ensures the integrity and
sustainment of decisions given at its
conclusion
● “I cannot judge until I am in a position to
judge fairly, with the facts and information
I need to do so.”
Fault is recognized -
change is needed.
Length of Investigation

● Length of investigation: began process of assigning another Internal

Affairs Investigator at beginning of January, he was transferred
effective 1/18/19.
● This will shorten the length of the investigations as it will result in a
lower caseload for the investigators assigned to this critical task.
● Longest section of the investigation is shown to be the convening of
the ARC, as much as 90 days.
Collection of evidence/UOF Review

● Assigning another Sergeant to the Professional Standards Division.

● This Sergeant’s sole responsibility will be to review and submit reports on
all Body Worn Camera and In Car video connected to a Use of Force report
as well as review all video connected with department vehicle pursuits.
● Will review the audit trail of all levels of review connected with Use of Force
reports and approvals.
Administrative Review Committee

● Start a discussion with City Council on

●
what we can develop moving forward.
Future appointments?
● These are inputs
●
●
District representation?
Term limits?
I need from City
● Structure?
●
●
External Quality Control?
Reporting to the Public Safety Committee?
Council….
Diversity & Inclusion

● Problem Oriented Policing ● Partnership with La Paz

● Title VI/LEP/Civil Rights ● Pride Parade participation
● Bias-Based Profiling ● Partnership with Community Kitchen
● Community Immersion ● Take Me Home program
● Frontline Policing in America (procedural justice, ● Poverty Simulation
police legitimacy, implicit bias) ● CIT Training
● Use of Force ● Orange Grove client integration in CPD's Community
● Neighborhood Partners Outreach Unit
● Orchard Knob Middle School partnership ● Coffee with a Cop
● Big Brothers Big Sisters Bigs in Blue ● Trauma Informed Policing
● Front Porch Lineup ● ACEs (in partnership with Mental Health Court)
● RESTART Committee ● The Complete Investigator (with The IACP)
● Each One Reach One (EORO) ● Future Ready Institute - Brainerd High School
Recruiting and Demographics
Culture = Training and Discipline