You are on page 1of 17

,

! ~
.I;;
• •
I ORDINANCE

CITY OF NEW ORLEANS

CITY HALL: March 5, 2009

CALENDAR NO.: 27.382


' . 23434
NO.' MAY~FqUNCILSERIES. .' .

BY: COUNCILMEMBERS CAk~MIDURA, CLARKSON AND FIELKOW


(BY REQUEST)

AN ORDINANCE to amend and reordain tl,e pay plan for officers and employees in

the unclassified service of the city of New Orleans in accordance with sections 3-118 and 4'

206(g) of the Home Rule Charter of the City of New Orleans to establish new job

classifications of independent police monitor (U-0989), deputy police monitor (U-0990) and

executive director of community relations for the office of independent police monitor (U-

0991), and to establish hiring rates for the new classifications; and otherwise to provide with

respect thereto,

1 SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY


I 2 ORDAINS, that the unclassified pay plan for officers and employees in the unclassified
. .
"
.J service of the city of New Orleans in accordance with sections 3-118 . and 4-206(g) of the

4 Home Rule Charter of the City of New Orleans is hereby amended and reordained in Ol:¢er to
q
. . -'!

I ~ establish new job classifications of independent police monitor (U-0989)at a hiring rate of
_!: -"-

I 6 grade 80, step 79, ($131,468) per annum); deputy police monitor (U-0990) at hiring rate of

7 grade 79, step51 , ($90,567 per annum); and executive director of community relations for the

j .,
\

Page 1 of2
"

8
• •
office of independent police monitor (U-0991) at a hiring rate of grade 73, step 46, ($73,325

9 per annum).

SECTION 2. Job descriptions for the classifications of police monitor, deputy police

2 monitor and executive director of cOinmunity relations for the office of independent police
. '

3 monitor are attached to this ordiIi.ance and made a part hereof.

ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS _M_A_R_l_9_2_00_9_

JACQUELYNB. ClARKSON

PRESIDENT OF COUNCIL
•MAR
DELIVERED TO THE MAYOR ON _ _ _ 2 0 2.009
_---,-_ _ _ _ _ _ _-,-_ _

APPROVED:
MAR 27 2009

MAYOR

RETURNED BY THE MAYOR ON MAR 21 2009 AT _ _ _~ _25 P'" ___


_~~~IU~

; CLERK OF COURT
ROLL CALL VOTE

YEAS: Carter, C1arkson, Hedge-Morrell, Midura, Willard~Lewis - 5

NAYS: O·

ABSENT: Fo,e 1 kow, Head - 2

I,. G:\lnhOllse\LWINHSE\COUNCILU009\F J Madary\Ordimmce Calendar No 27.382 - PRY plan. DOC


'1
1\
I.
I'
Page 2 of2
• •
Independent Police Monitor
Proposed Salary: $ 131,468

Qualifications. The independent police monitor shall be an attorney with substantial experience
in criminal, ·civil rights, and/or labor law, or corporate and/or governmental investigations; or an
individual with at least five years' experience in law enforcement oversight, preferably with a
graduate degree. Knowledge of law enforcement, particularly of internal investigations of
wrongdoing and ilses of force, is essential. The independent police monitor shall possess
impeccable integrity, sound judgment, and· an ability to relate effectively with all those who have
a stalce in law enforcement including, but not limited to, residents of and visitors to New Orleans,
the police department, other law enforcement agencies, and relevant parts of city government. .
Theindependentpolice monitor shall possess an understanding of the city's ethnic diversity,
cultural traditions, and socio-economic situation.

Duties and responsibilities. The independent police monitor shall monitor the New Orleans
Police Department, particularly in the areas of: civilian and internally-generated complaints;
internal investigations; discipline; use of force; and in-custody deaths. The independent police·
monitor shall review and analyze the numbers and types of complaints; assess .the quality and
timeliness of New Orleans Police Department investigations; review the adequacy of data
collection and analysis; review the public integrity bureau's policies, procedures, and resource·
needs; conduct risk management reviews; review the operations and effectiveness of New
Orleans Police Department "early warning system"; review specific issues regarding supervision,
training, and discipline; conduct relevant pattern analysis; and other tasks to ensure New Orleans
Police Department accountability, transparency, and responsiveness to the community it serves.
Additionally, the independent police monitor shall promulgate policies and procedures related to
the referericed duties and responsibilities.

The independent police monitor shall receive complaints alleging misconduct by New Orleans
Police Department personnel that he will refer to the New Orleans Police Department Office of
Internal Investigations for investigation. The independent police shall have the power to review
the classification of all internal investigations and, in circumstances where the independent
police nlonitor believes an investigation was misclassified, to recommend to the New Orleans
Police Depaliment that it be reclassified. All completed investigations reviewed by the
independent-policemonitor-shall-be-accompaniedby -arepOli_in..writingJo.theJ'Jew Orleans_
Police Department stating whether the investigation was considered fair, thorough, timely or
insufficient. The independent police monitor shall have the power to recommend that an internal
investigation be reopened ifhe deternlines that the investigation was not thorough or fair. ,The
independent police monitor shall establish and administer a mediation program for civilian
complaints, guided by best practices identified in other jurisdictions with such mediation
programs .. ,. .
~:.; -'
• •
The independent police monitor shall compile data regarding cOl11l11endations and shall identify
officers, units; and precincts that have been commended by the public fordoing exceptional
work; review patterns relating tb civil claims and lawsuits alleging New' Orleans Police
Department misconduct, payout amounts over time, units disproportionately represented as
subjects of claims and lawsuits; review training sessions and schedules~t9A4!lh~ify best practices
"',,:" .-
and any need fol' improvements to public report eaqh year detailing its rri61ift,oring and review '-.
activities, statistical information from the New Orleans Police Department;\:P~~1:J,lems identified,
recommendations,made, and recommendations adopted by the Departmenti,',y
--':,., -
-,.- ..'

;,. -

/'
/'
------_._--
---~----,--~-----

• •
~.,
. "\

.. 1
\

Deputy Police Monitor


Proposed Salary: $ 90,567

. Qualifications. The deputy police monitor shall be an attorney with SUbstantial experience in
criminal, civil rights, and/or labor law, or corporate and/or governmental investigatioru;or an
individual with a master's degree and' at least three years' professional experience in law
enforcement oversight. Knowledge of law enforcement, particularly of internal investigations of
\
wrongdoing and uses offorce, is essential. Strong analytic and writing skills are requiw. The !,
1
deputy police monitor shall possess impeccable integrity, sound judgment and an undemanding
of the city's ethnic diversity, cultural traditions, and socio-economic situation.
\
Duties and responsibilities. The deputy police monitor will develop policies for and exercise I
1
substantial independent discretion in assessing the quality and timeliness of New Orleans Police
Department investigations; reviewing the adequacy of data collection and analysis; reviewing the
public integrity bureau's policies, procedures, and resource needs; conducting risk management \
reviews; reviewing the operations and effectiveness of New Orleans Police Departmenl "early \
1
warning system"; reviewing specific issues regarding supervision, training, and discipline;
conduct relevant pattern analysis; and other tasks to ensure New Orleans Police Deparlment
accotmtability, transparency, and responsiveness to the community it serves: The depulY police
monitor will also exercise discretion in reviewing investigations completed by the NeVI Orleans
Police Departmentto determine whether they should be reopened or reclassified. The deputy \
police monitor will establish standards and methodologies for reviews, investigations, and data
collection and will prepare reports, The deputy police monitor will perform the duties of the \
independent police monitor during an absence,
I
. ,_ .. _--- _. -- ---- .. - -~- ---._--

• •
"t----- -----
.;,- 'r,-
.. '" .'

.Executive Director of Community Relations


Proposed Salary; $ 70.643

Qualifications. The executive direc~or of community relations will have a maste!" Ii degree in
communications or a related field and at least seven years' professional experience in public.
relations. The executive director of community relations must have outstanding communication
skills, sound judgment and an understanding of the city's ethnic diversity, cultural traditions, and
socio-economic situation.

Duties and responsibilities. The executive director of community relations will exercise
substantial discretion in developing and maintaining an effective outreach program and in
facilitating communication between the New Orleans Police Departmerit and the community.
The executive director of commuriity relations will establish the policies of the Office ofthe
Independel'it Police Monitor for relationships with community and civic groups and with police
associations. The executive director of community relations will develop relationships with
community and civic groups and act as a liaison between the independent police monitor and the
community. The executive director of community relations will be responsible for developing a
program of public education relating to the duties and functions of the independent police
monitor and will develOp complaint and commendation forms in languages and formats
accessible to residents. The executive director of community relations will hold at least one
public' outreach meeting in each council district of the city at least once every four monthsand
meet with each police association a minimum of three times each year. .

i
l
i\
.'j

!.
"'
ORDINANCE
(AS AMENDED)
(AS CORRECTED)
CITY OF NEW ORLEANS
CITY HALL: June 5, 2008
CALENDAR NO. 27,032
NO. 23146 MAYOR COUNCIL SERIES
BY: COUNCILMEMBERS CARTER, MIDURA, CLARKSON, FIELKOW AND HEAD

AN ORDINANCE to amend Chapter 2 of the Code of the City of New Orleans to amend

Article XIII relative to the Office of Inspector General by adding a new section thereto;

establishing an Independent Police Monitoring Division within the Office of Inspector General;

to establish the qualifications and duties of the Independent Police Monitor; to set forth the

powers and responsibilities of the Independent Police Monitoring Division; and to provide

otherwise with respect thereto.

I SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY

2 ORDAINS That Article XIII of Chapter 2 of the City code is hereby amended and reordained to

3 add Section 2-1121 to read as follows:

4 Section 2-1121. Office of Independent Police Monitor.

5 1. Creation of the Office of Independent Police Monitor

6 There is hereby created within the Office of Inspector General an Independent Police

7 Monitoring Division, headed by an Independent Police Monitor. The Independent Police

8 Monitor shall be assisted by a Deputy Independent Police Monitor, and an Executive

9 Director of Community Relations. The Inspector General shall appoint the Independent

10 Police Monitor and all other staff within the division. The Inspector General shall create a

II search committee to he composed of the Inspector General, serving as Committee

I
12 Chainnan, the Chairman of the Ethics Review Board, the Chainnan of the Criminal

13 Justice Committee of the City Council, the Superintendent of Police or his designee, a

14 designee of the Mayor, and two residents of New Orleans appointed by a vote of the

15 Criminal Justice Committee of the City Council. The search committee shall carryon a

16 nationwide search to identify and interview qualified candidates for the position. The

17 Inspector General shall consider the recommendations of the search committee in making

18 his selection.

1 2. Qualifications

2 The Independent Police Monitor shall be an attorney with substantial expenence m

3 criminal, civil rights, and/or labor law, or corporate and/or governmental investigations;

4 or an individual with at least five years experience in law enforcement oversight,

preferably with a graduate degree. Knowledge of law enforcement, particularly of

6 internal investigations of wrongdoing and uses of force, is essential. The Monitor shall

7 possess impeccable integrity, sound judgment, and an ability to relate effectively with all

8 those who have a stake in law enforcement including, but not limited to, residents of and

9 visitors to New Orleans, the Police Department, other law enforcement agencies, and

10 relevant parts of city government. The monitor shall possess an understanding of the

11 city's ethnic diversity, cultural traditions, and socio-economic situation.

1 3. Duties and Responsibilities

2 The Independent Police Monitor shall monitor the New Orleans Police Department,

3 particularly in the areas of: civilian and internally-generated complaints; internal

4 investigations; discipline; use of force; and in-custody deaths. The Independent Police

5 Monitor shall review and analyze the numbers and types of complaints; assess the quality

2
6 and timeliness of New Orleans Police Department investigations; review the adequacy of

7 data collection and analysis; review the public integrity bureau's policies, procedures,

8 and resource needs; conduct risk management reviews; review the operations and

9 effectiveness of New Orleans Police Department "early warning system"; review specific

10 issues regarding supervision, training, and discipline; conduct relevant pattern analysis;

11 and other tasks to ensure New Orleans Police Department accountability, transparency,

12 and responsiveness to the community it serves.

I 4. Complaints

2 The Independent Police Monitor shall receive complaints alleging misconduct by New

3 Orleans Police Department personnel that he will refer to the New Orleans Police

4 Department Office of Internal Investigations for investigation. The Independent Police

5 Monitor shall develop relationships with community and civic groups that may receive

6 civilian and anonymous complaints against New Orleans Police Department personnel as

7 a supplement to existing complaint intake mechanisms.

I 5. Investigatory Power

2 The New Orleans Police Department will advise the Independent Police Monitor within

3 seven days of receipt by the New Orleans Police Deparhnent of any complaint of

4 misconduct, classified as a formal disciplinary investigation, disciplinary citation,

5 informal disciplinary investigation, or information documentation. The Independent

6 Police Monitor shall have the power to review the classification of all internal

7 investigations and, in circumstances where the Independent Police Monitor believes an

8 investigation was misclassified, to recommend to the New Orleans Police Department

3
9 that it be reclassified. The Independent Police Monitor shall also review and monitor such

10 investigations by the office of municipal investigations.

1 6. Public Reporting Requirements

2 The Independent Police Monitor shall have the power to recommend that an internal

3 investigation be re-opened if he determines that the investigation was not thorough or

4 fair. The reopening of case recommendation provision only applies to the very limited

5 instance where the statutory time limit permits. If the New Orleans Police Department

6 declines to accept the recommendations of the Independent Police Monitor relative to the

7 classification of an investigation, a line of questioning, re-opening an investigation not

8 deemed to have been appropriately completed, or any other recommendation, the

9 Independent Police Monitor shall issue a public report relative to the refusal. All

10 completed investigations reviewed by the Independent Police Monitor shall be

11 accompanied by a report in writing to the New Orleans Police Department stating

12 whether the investigation was considered fair, thorough, timely or insufficient.

1 7. Police Commendations

2 The Independent Police Monitor shall also compile data regarding commendations and

3 shall identify officers, units, and precincts that have been commended by the public for

4 doing exceptional work. Such information shall be presented in public reports. The

5 Independent Police Monitor will note patterns in commendations and urge the New

6 Orleans Police Department to share commendation infoIDlation widely within the

7 department and identify practices and initiatives that should be emulated broadly

8 throughout the department. No provision of this ordinance shall violate the Police

9 Officers' Bill of Rights.

4
I 8. Civilian Complainants

2 Civilian complainants, who have tried unsuccessfully to obtain a meaningful status report

3 on a complaint they initiated, may, upon request, receive such a status report from the

4 Independent Police Monitor. Civilian complainants, who are dissatisfied with the

5 outcome of an investigation they initiated, may request a review by the Independent

6 Police Monitor of the completed New Orleans Police Department investigation. When he

7 deems it appropriate, the Independent Police Monitor may recommend that such an

8 investigation be re-opened and report to lhe complainant whelher he has recommended

9 any further investigalion. The reopening of case recommendation provision only applies

10 lo lhe very limited instance where the statutory lime limit permits.

I 9. Civil Claims and Lawsuits

2 The Independent Police Monitor shall review patlerns relaling to civil claims and lawsuils

3 alleging New Orleans Police Department misconducl, payoul amounls over time, units

4 disproportionately represented as subjects of claims and lawsuits, related training, and

5 other issues. The Independent Police Monitor shall review the investigation of the

6 underlying incidents described in such claims and lawsuits, whether those investigations

7 pre-dated the filing of a claim or lawsuit or the investigations were initiated following

8 such filings.

I 10. Recommendations to Police Superintendent

2 The Independent Police Monitor shall evaluate complaint trends and other info1TI1ation

3 and investigation practices. The Independent Police Monitor shall make

4 recommendations to the Superintendent to improve upon policies and practices based on

5 national best practices.

5
1 11. Training Review

2 The Independent Police Monitor shall periodically review training sessions and schedules

3 to identify best practices and any need for improvements to training curriculum or

4 frequency.

1 12. Pnblic Accountability

2 The Independent Police Monitor shall distribute information about its office, duties and

3 functions. The Independent Police Monitor shall issue complaint and commendation

4 forms in languages and formats accessible to residents. The Independent Police Monitor

5 shall be required to hold at least one public outreach meeting in each council district of

6 the city at least once every four months. The Independent Police Monitor shall be

7 required to meet with each police association a minimum of three (3) times each year.

1 13. Civil Service Commission to Establish Rules and Regulations

2 The New Orleans Police Department and the Civil Service Commission shall work

3 cooperatively to establish rules and regulations that require both to cooperate with the

4 Independent Police Monitor as he actively monitors disciplinary and non-disciplinary

5 proceedings. Those policies shall provide for, among other things: timely notification

6 prior to disciplinary proceedings; complete access to the proceedings of departmental

7 boards and civil service hearings involving the disciplining of officers; and complete

8 access to all materials to which those boards and the civil service commission have

9 access. The policies shall also provide for the ability of the Independent Police Monitor

10 to attend disciplinary and non-disciplinary proceedings, to review disciplinary and non-

11 disciplinary documents, to make determinations as to whether departmental rules or

12 policies have been violated, to make reconID1endations regarding appropriate discipline,

6
13 and to revIew the appropriateness of disciplinary sanctions. The Independent Police

14 Monitor in conjunction with the New Orleans Police Department internal investigations

15 office shall make recommendations to the civil service commission relative to improving

16 police disciplinary procedures.

I 14. Review of Data Collection and Analysis

2 The Independent Police Monitor shall review New Orleans Police Department data

3 collection and analysis to enable it to track trends in relation to types and sources of

4 civilian and internally-generated complaints, processing and investigation, and

5 detenninations stemming from complaints, discipline imposed by type of complaint, use

6 of the early warning system to intervene with an officer in need of additional training,

7 supervision, or other issues of concern that arise during a review by the Independent

8 Police Monitor. The New Orleans Police Department shall provide the appropriate

9 database and personnel to facilitate this section.

1 15. Mediation of Civilian Complaints

2 The Independent Polic~ Monitor shall establish and administer a mediation program for

3 civilian complaints, guided by best practices identified in other jurisdictions with such

4 mediation programs. Consent of the civilian complainant, the police officer involved,

5 and the New Orleans Police Department shall be required before a case can be scheduled

6 for mediation by a trained neutral mediator from outside the New Orleans Police

7 Department.

1 16. Public Reporting Requirement

2 The Independent Police Monitor shall be required to issue at least one public report each

3 year, by March 31st, detailing its monitoring and review activities and the appropriate

7

4 statistical infonnation from the internal investigations office, and other divisions of the

5 New Orleans Police Department. The Independent Police Monitor shall be required to

6 report upon problems it has identified, recommendations made and recommendations

7 adopted by the New Orleans Police Department. The report shall also identify

8 commendable perfonnance by the New Orleans Police Department and improvements

9 made by the department to enhance the department's professionalism, accountability, and

10 transparency. The criminal justice committee of the New Orleans City Council shall

II conduct a hearing on each annual report within 30 days of submission. Additional reports

12 relating to policy and training recommendations, matters of significant public interest, or

13 other concerns may be issued throughout the year. Such reports will be submitted to the

14 Criminal Justice Committee of the City Council of New Orleans and simultaneously

IS released to the public. The Committee will have discretion as to whether to conduct a

16 public hearing relating to such reports.

I 17. Penalties for Violating this Section

2 It shall be the duty of all city employees, classified or unclassified to cooperate with the

3 Independent Police Monitor in his work pursuant to this ordinance. Any city employee

4 who violates any provision of this Chapter shall be subject to investigation, and if

5 warranted, to discharge or such other discipline consistent with civil service rules and

6 procedures in addition to any other penalty provided in the City Charter or ordinances.

I 18. Negotiation of Protocols

2 The Independent Police Monitor and the New Orleans Police Department shall be

3 required to negotiate protocols within 90 days of the appointment of the Independent

4 Police Monitor.

8

1 19. Retention of Powers by Inspector General

2 Nothing in this ordinance shall be construed to limit the existing powers of the Office of

3 Inspector General granted by statute, ordinance, rule or regulation. The Office of

4 Inspector General shall retain all the powers and duties granted by federal and state

5 statute, court ruling, ordinance, executive order, rule and regulation, contract or other

6 means.

ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS TIlLY 10. 2008

JACOUELYNR CLARKSON
PRESIDENT OF COUNCIL

DELIVERED TO THE MAYOR ON JULY 11, 2008

APPROVED:
:m&APPRG¥BI): JULY 18,2008

C.RAYNAGIN
MAYOR

RETURNED BY THE MAYOR ON JULY 21, 2008 AT 11:15 AM.

PEGGY LEWIS
CLERK OF COUNCIL

ROLL CALL VOTE:


YEAS: Carter, Clarkson, Fielkow, Head, Hedge-Morrell, Midura, Willard-Lewis - 7
NAYS: 0
ABSENT: 0 THE FOREGOING IS CERTIFIED
TO AND OORRECT COPY
G:IDoCSlJOYCELYMAMENDED ORD/NANCESI2008127032am(USEj.doc

9
ORDINANCE
(AS AMENDED)
(AS CORRECTED)
CITY OF NEW ORLEANS

CITY HALL: January 21, 2010

CALENDAR NO. 27,844

NO. 23886 MAYOR COUNCIL SERIES

BY: COUNCILMEMBER CARTER

AN ORDINANCE to amend and reordain Section 2-1121 of the Code of the City of

New Orleans to amend the selection process for the independent police monitor and to add a

provision relative to dismissal of the independent police monitor, and otherwise to provide with

respect thereto.

I SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY

2 ORDAINS that Section 2-1121 of the Code of the City of New Orleans be and the same is

3 hereby amended and reordained to read as follows:

4 "Sec. 2-1121. Office ofthe Independent Police Monitor.

5 (I) Creation of the independent police monitor. There is hereby created within the office of

6 inspector general an independent police monitoring division, headed by an independent police

7 monitor. The independent police monitor shall be assisted by a deputy independent police

8 monitor, and an executive director of community relations. The inspector general shall create a

9 search committee to be composed of the inspector general, serving as committee chair, the chair

10 of the ethics review board, the chair of the criminal justice committee of the city cOlmcil, the

II superintendent of police or his designee, a designee of the mayor, and two residents of New

12 Orleans appointed by a vote ofthe

I
13 criminal justice committee of the city council. The search committee shall carry on a nationwide

14 search to identifY and interview qualified candidates for the position.

15 The three finalists for the position of independent police monitor shall attend two conununity meetings for

16 the purpose of addressing the attendees and answering questions from the public. The independent police

17 monitor shall be appointed by the Inspector General from three finalists chosen by a majority vote of the

18 selection committee.

19 * * * *
20 (20) Removal of independent police monitor from office. The independent monitor shall only be

21 removed based on the recommendation of the inspector general and approved by a majority vote of the

22 ethics review board."

ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS FEBRUARY 25, 2010

ARNIE FIELKOW
PRESIDENT OF THE COUNCIL

DELIVERED TO THE MAYOR ON FEBRUARY 25, 2010

APPROVED:
mgAPPRDVED: MARCH 3, 2010

C.RAYNAGIN
MAYOR

RETURNED BY THE MAYOR ON MARCH 3, 2010 AT 5:30 P.M.

PEGGY LEWIS
CLERK OF COUNCIL
THE FOREGOING IS CERTIFIED
ROLL CALL VOTE:
YEAS: Carter, Clarkson, Fielkow, Head, Midura - 5
fO AND OORRECT COpy
.
NAYS: 0
ABSENT: Hedge-Morrell, Willard-Lewis - 2
G:\DoCSIJOYCELYN\AMENDED ORDINANCES12010127,844 - 23886.doc

You might also like