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2015-10-29 Info Packet
l = � -•a.as` CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET MISCELLANEOUS October 29, 2015 IN Council Tentative Meeting Schedule IP2 Memo from City Manager: Potential Cyclocross World Cup Event IP3 Article from City Manager: Police Killings of Blacks: Here is What the Data Say IN Information from the City Manager: The President's Task Force on 21" Century Policing IP5 Copy of press release: Election day voting schedule IP6 Listening Post — Summary Report, October 15 IP7 Joint Public Entities Meeting Minutes, October 29 DRAFT MINUTES IP8 Planning and Zoning Commission: October 15 IP9 Telecommunications Commission: September 28 15 r City Council Tentative Meeting Schedule L1P1 '®-A Subject to change October 29, 2015 ',.�b CITY OF IOWA CITY Date Time Tuesday, November 10, 2015 5:00 PM 7:00 PM Meeting Work Session Meeting Special Formal Meeting Location Emma J. Harvat Hall Monday, November 30, 2015 1-6:30 PM Work Session Meeting Ashton House Strategic Planning and Orientation 820 Park Road Tuesday, December 15, 2015 5:00 PM Work Session Meeting Formal Meeting 2016 Meeting Schedule TBD Emma J. Harvat Hall m 15 IP2 ,-4 CITY OF IOWA CITY MEMORANDUM Date: October 29, 2015 To: City Council From: Tom Markus, City Manager Re: Potential Cyclocross World Cup Event History: "Cyclocross racing was developed in Europe in the early 1900's as a way for road racers to remain fit during the fall and winter. This intense event helped athletes maintain and improve their racing fitness as well as better their bike -handling skills."' Today the activity has become a standalone sport in which some biking enthusiasts specialize. Cycling is arguably second only to soccer in terms of popularity in Europe and the sport continues to grow in the United States. Race Course: "Typical cyclocross courses are 1.5- to 2 -mile loops on a mix of paved and off-road surfaces over flat -to -rolling terrain. Elite races generally last an hour and other categories race for 30 to 45 minutes."' Courses include obstacles which require riders to dismount and carry their bikes. Locally: Our local cyclocross race, known as Jingle Cross, will be celebrating its twelfth year December 4-7, 2015 at the Johnson County Fairgrounds. The event has grown to become the largest cyclocross event in North America with more than 2,600 participants in 62 races. According to Josh Schamberger, President of the Convention and Visitors Bureau, we are recognized as having the premier cyclocross course in North America. The founders of Jingle Cross, Drs. John and Tammy Meehan have remained passionate and supportive of Jingle Cross, despite moving to Seattle in 2007. They return every year to lead this annual cycling event and are working with us to make our venue an International World Cup event. Next level: Big Shark Bicycles website. http://bigshark com/articles/introduction-to-cyclocross-pg740.htm. October 29, 2015 Page 2 The Meehans and the Convention Visitors Bureau (CVB) believe we have what it takes to have a North American Union Cycliste Internationale (UCI) sanctioned event. UCI is the governing body for the sport of cycling. All of us working together believe we have a chance to locate one of two North American Cup events here in Iowa City. The first North American World Cup event was held in Las Vegas, Nevada in September and attracted between 15,000 and 20,000 spectators. Josh Schamberger and the Meehans attended the Las Vegas event and spoke with UCI officials in an effort to convince them to consider Iowa City as the location for the next North American World Cup event. Both of the men's and women's World Cup races will be broadcast live by Telenet across fourteen countries in Europe. Three hours of a live international broadcast from our city would be a great benefit to both Iowa City and the state. Next Step: Mr. Schamberger is organizing a trip to Koksidje, Belgium, the epicenter of cyclocross racing, during a World Cup event to encourage UCI officials and event participants to locate their September 22-25, 2016 World Cup event in Johnson County. I have been invited to join his delegation. This is not an expense to the City; travel will be paid by the CVB with funds budgeted for recruiting activities. I intend to join his group on this recruitment effort and I will be traveling from November 18 to November 24. 1 agree with Josh that this could be "a very cool quality of life event and a boost to our local economic and community development efforts." Of course a World Cup event would be held on a non -home football game weekend which would continue to provide more interest and tourist visits to our community. Getting into this cycle (no pun intended) early should provide a foundation for this event to be located in Iowa City for years to come. Police Killings of Blacks: Here Is What the Data Say - The New York Times Page 1 of 5 Article from City Manager Jam http://nyti.ms/1 RMGG31 Edited by David Leonhardt The Upshot Police Killings of Blacks: Here Is What the Data Say OCT. 16, 2015 Economic View By SENDHIL MULLAINATHAN Tamir Rice. Eric Garner. Walter Scott. Michael Brown. Each killing raises a disturbing question: Would any of these people have been killed by police officers if they had been white? I have no special insight into the psychology of police officers or into the complicated forensics involved in such cases. Answering this question in any single situation can be difficult and divisive. Two outside experts this month concluded, for example, that the shooting of Tamir Rice, a 12 -year-old boy in Cleveland who was carrying a toy gun, was a "reasonable" if tragic response. That will hardly be the last word on the subject. As an economist who has studied racial discrimination, I've begun to look at these deaths from a different angle. There is ample statistical evidence of large and persistent racial bias in other areas — from labor markets to online retail markets. So http://www.nytimes.com/2015/ 10/ 18lupshotlpolice-killings-of-blacks-what-the-data-says.html?e... 10/25/2015 Police Killings of Blacks: Here Is What the Data Say - The New York Times Page 2 of 5 I expected that police prejudice would be a major factor in accounting for the killings of African-Americans. But when I looked at the numbers, that's not exactly what I found. I'm not saying that the police in these specific cases are free of racial bias. I can't answer that question. But what the data does suggest is that eliminating the biases of all police officers would do little to materially reduce the total number of African- American killings: Police bias may well be a significant problem, but in accounting for why some of these encounters turn into killings, it is swamped by other, bigger problems that plague our society, our economy and our criminal justice system. To understand how this can be, let us start with the statistics on police killings. According to the F.B.I.'s Supplementary Homicide Report, 31.8 percent of people shot by the police were African-American, a proportion more than two and a half times the 13.2 percent of African-Americans in the general population. While this data may be imperfect, other sources in individual states or cities, such as in California or New York City, show very similar patterns. The data is unequivocal. Police killings are a race problem: African-Americans are being killed disproportionately and by a wide margin. And police bias may be responsible. But this data does not prove that biased police officers are more likely to shoot blacks in any given encounter. Instead, there is another possibility: It is simply that — for reasons that may well include police bias — African-Americans have a very large number of encounters with police officers. Every police encounter contains a risk: The officer might be poorly trained, might act with malice or simply make a mistake, and civilians might do something that is perceived as a threat. The omnipresence of guns exaggerates all these risks. Such risks exist for people of any race — after all, many people killed by police officers were not black. But having more encounters with police officers, even with officers entirely free of racial bias, can create a greater risk of a fatal shooting. Arrest data lets us measure this possibility. For the entire country, 28.9 percent of arrestees were African-American. This number is not very different from the 31.8 http://www.nytimes.com/2015/ 10/ 18/upshot/police-killings-of-blacks-what-the-data-says.html?e... 10/25/2015 Police Killings of Blacks: Here Is What the Data Say - The New York Times Page 3 of 5 percent of police -shooting victims who were African-Americans. If police discrimination were a big factor in the actual killings, we would have expected a larger gap between the arrest rate and the police -killing rate. This in turn suggests that removing police racial bias will have little effect on the killing rate. Suppose each arrest creates an equal risk of shooting for both African- Americans and whites. In that case, with the current arrest rate, 28.9 percent of all those killed by police officers would still be African-American. This is only slightly smaller than the 31.8 percent of killings we actually see, and it is much greater than the 13.2 percent level of African-Americans in the overall population. If the major problem is then that African-Americans have so many more encounters with police, we must ask why. Of course, with this as well, police prejudice may be playing a role. After all, police officers decide whom to stop or arrest. But this is too large a problem to pin on individual officers. First, the police are at least in part guided by suspect descriptions. And the descriptions provided by victims already show a large racial gap: Nearly 30 percent of reported offenders were black. So if the police simply stopped suspects at a rate matching these descriptions, African-Americans would be encountering police at a rate close to both the arrest and the killing rates. Second, the choice of where to police is mostly not up to individual officers. And police officers tend to be most active in poor neighborhoods, and African-Americans disproportionately live in poverty. In fact, the deeper you look, the more it appears that the race problem revealed by the statistics reflects a larger problem: the structure of our society, our laws and policies. The war on drugs illustrates this kind of racial bias. African-Americans are only slightly more likely to use drugs than whites. Yet, they are more than twice as likely to be arrested on drug-related charges. One reason is that drug sellers are being targeted more heavily than users. With fewer job options, low-income African- http: //www.nytimes. com/2015/ 10/ 18lupshotlpolice-killings-of-blacks-what-the-data-says.html?e... 10/25/2015 Police Killings of Blacks: Here Is What the Data Say - The New York Times Page 4 of 5 Americans have been disproportionately represented in the ranks of drug sellers. In addition, the drug laws penalize crack cocaine — a drug more likely to be used by African-Americans — far more harshly than powder cocaine. Laws and policies need not explicitly discriminate to effectively discriminate. As Anatole France wrote centuries ago, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." This is not just about drugs or law enforcement. Poverty plays an essential role in all of this. Jens Ludwig, an economist at the University of Chicago who also directs the Crime Lab there, points out: "Living in a high -poverty neighborhood increases risk of violent -crime involvement, and in the most poor neighborhoods of the country, fully four out of five residents are black or Hispanic." We will not sharply reduce police killings of African-Americans unless we understand the social institutions that intimately tie race and crime. In her book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," Michelle Alexander argues that the American criminal justice system itself is an instrument of racial oppression. "Mass incarceration operates as a tightly networked system of laws, policies, customs and institutions that operate collectively to ensure the subordinate status of a group defined largely by race," she says. Individual police officers did not set these economic policies that limited opportunities or create the harsh sentencing policies that turn minor crimes into lifetime sentences. We should eliminate police prejudice because it is wrong and because it undermines our democracy. It blights — and all too often destroys — lives. But there are also structural problems underpinning these killings. We are all responsible for those. Sendhil Mullainathan is a professor of economics at Harvard. Follow him on Twitter at @m_sendhil. The Upshot provides news, analysis and graphics about politics, policy and everyday life. Follow us on Facebook and Twitter. Sign up for our newsletter. http://www.nytimes.com/2015/ 10/ 18lupshotlpolice-killings-of-blacks-what-the-data-say s.html?e... 10/25/2015 Police Killings of Blacks: Here Is What the Data Say - The New York Times Page 5 of 5 A version of this article appears in print on October 18, 2015, on page BU6 of the New York edition with the headline: Police Killings of Blacks: What the Data Says. © 2015 The New York Times Company http://www.nytimes. com/2015/ 10/ l 8lupshotlpolice-killings-of-blacks-what-the-data-says.html?e... 10/25/2015 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING r MAY 2015 4 .. FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING MAY 2015 Recommended citation: President's Task Force on 21 st Century Policing. 2015. Final Reportof thePxsidenti Task Pore on 21stCenturyPoliony Washington, DC Office of Community Oriented Policing Services. Published 2015 CONTENTS From the Co -Chairs ......... Members of the Task Force..................................................................v TaskForce Staff........................................................................... vii Acknowledgments.........................................................................ix Executive Summary .........................................................................1 Introduction................................................................................5 Pillar 1. Building Trust & Legitimacy..........................................................9 Pillar 2. Policy & Oversight................................................................. 19 Pillar 3. Technology & Social Media ........................................................ 31 Pillar 4. Community Policing & Crime Reduction ............................................ 41 Pillar 5. Training & Education.............................................................. 51 Pillar 6. Officer Wellness & Safety........................................................... 61 Implementation.......................................................................... 69 Appendix A. Public Listening Sessions & Witnesses ......................................... 71 Appendix B. Individuals & Organizations That Submitted Written Testimony ................. 75 Appendix C. Executive Order 13684 of December 18, 2014 ................................. 79 Appendix D. Task Force Members' Biographies ............................................. 81 Appendix E. Recommendations and Actions ............................................... 85 FROM THE CO-CHAIRS We wish to thank President Barack Obama forgiving us the honor and privilege of leading his Task Force on 21 st Century Policing. The task force was created to strengthen community policing and trust among law enforcement officers and the com m u nities they serve—especially in lig ht of recent events around the country that have underscored the need for and importance of lasting collaborative relationships between local police and the public. We found engaging with law enforcement officials, technical advi- sors, youth and community leaders, and nongovernmental organizations through a transparent public process to be both enlightening and rewarding, and we again thank the President for this honor. Given the urgency of these issues, the President gave the task force an initial 90 days to identify best policing practices and offer recommendations on how those practices can promote effective crime reduction while building public trust. In this short period, the task force conducted seven public listen- ing sessions across the country and received testimony and recommendations from a wide range of community and faith leaders, law enforcement officers, academics, and others to ensure its recommen- dations would be informed by a diverse range of voices. Such a remarkable achievement could not have been accomplished without the tremendous assistance provided by the U.S. Department of Justice's Office of Community Oriented Policing Services (COPS Office), led by Director Ronald L Davis, who also served as the executive director of the task force. We thank Director Davis for his leadership, as well as his chief of staff, Melanca Clark, and the COPS Office team that supported the operation and administration of the task force. We also wish to extend our appreciation to the COPS Office's extremely capable logistical and technical assistance provider, Strategic Applications International (SAI), led by James and Colleen Copple. In ad- dition to logistical support, SAI digested the voluminous information received from testifying witnesses and the public in record time and helped facilitate the taskforce's deliberations on recommendations for the President. We are also grateful for the thoughtful assistance of Darrel Stephens and Stephen Rick- man, our technical advisors. Most important, we would especially like to thank the hundreds of community members, law en- forcement officers and executives, associations and stakeholders, researchers and academics, and civic leaders nationwide who stepped forward to support the efforts of the task force and to lend their experience and expertise during the development of the recommendations contained in this report. The passion and commitment shared by all to building strong relationships between law enforcement and communities became a continual source of inspiration and encouragement to the task force. The dedication of our fellow task force members and their commitment to the process of arriving at consensus around these recommendations is also worth acknowledging.The task force members brought diverse perspectives to the table and were able to come together to engage in meaningful dialogue on emotionally charged issues in a respectful and effective manner. We believe the type of constructive dialogue we have engaged in should serve as an example of the type of dialogue that must occur in communities throughout the nation. FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING While much work remains to be done to address many longstanding issues and challenges—not only within the field of law enforcement but also within the broader criminal justice system—this experience has demonstrated to us that Americans are, by nature, problem solvers. It is our hope that the recom- mendations included here will meaningfully contribute to our nation's efforts to increase trust between law enforcement and the communities they protect and serve. Charles H. Ramsey Co -Chair I Laurie O. Robinson Co -Chair President Barack Obama joins members of the President's Task Force on 21st Century Policing fora group photo In the Ova I Office, March 2, 2015, OFFICIAL WHITE HOUSE PHOTO BY PETE SOUZA MEMBERS OF THE TASK FORCE Co -Chairs Charles Ramsey, Commissioner, Philadelphia Police Department Laurie Robinson, Professor, George Mason University Members Cedric L. Alexander, Deputy Chief Operating Officer for Public Safety, DeKalb County, Georgia Jose Lopez, Lead Organizer, Make the Road New York Tracey L. Meares, Walton Hale Hamilton Professor of Law, Yale Law School Brittany N. Packnett, Executive Director Teach For America, St. Louis, Missouri Susan Lee Rahr, Executive Director, Washington State Criminal Justice Train! ng Commission Constance Rice, Co -Director, Advancement Project Sean Michael Smoot, Director and Chief Counsel, Police Benevolent & Protective Association of Illinois Bryan Stevenson, Founder and Executive Director, Fen aI Justice Initiative Roberto ViIIasenor, Chief of Po I ice, Tucson Police Department 6 V: j awl " 4 ft, TASK FORCE STAFF The U.S. Depart men t of Justice's Office of Community Oriented Policing Services, led by Director Ronald L. Davis, provided administrative services, funds, facilities, staff, equipment, and other support services as necessary for the task force to carry out its mission: Executive Director Ronald L. Davis Chief of Staff Melanca Clark Communications Director Silas Darden (Office of Justice Programs) General Counsel Charlotte Grzebien External Affairs Liaison Danielle Ouellette External Affairs Liaison SherylThomas Legislative Liaison Shannon Long Project Manager Deborah Spence Senior Policy Advisor Katherine McQuay Site Manager Laurel Matthews Special Assistant Michael Franko Special Assistant Jennifer Rosenberger Writer Janice Delaney (Office of Justice Programs) Writer Faye Elkins Strategic Applications International (SAI):' James Copple, Colleen Copple, Jessica Drake, Jason Drake, Steven Minson, Letitia Harmon, Anthony Coulson, Mike McCormack, Shawnee Bigelow, Monica Palacio, and Adrienne Semidey Technical Advisors: Stephen Rickman and Darrel Stephens Consultant Research Assistants: Jan Hudson, Yasemin Irvin -Erickson, Katie fares, Erin Kearns, Belem Lowrey, and Kristina Lugo 1. SAI provided tech laI and loglstla l support through a cooperative agree ment with the COPS Office. ACKNOWLEDGMENTS Theta sk force received support from other components of the U.S. Department of Justice, including the Office ofJustice Programs, led by Assistant Attorney General Karol Mason,and the Civil Rights Division, led by Acting Assistant Attorney General Vanita Gupta. The following individuals from across the U.S. Department of Justice also assisted the taskforce in its work: Eric Agner, Amin Aminfar, Pete Brien, Pamela Cammarata, Erin Canning, Ed Chung, Caitlin Currie, Shanetta Cutlar, Melissa Fox, Shirlethia Franklin, Ann Hamilton, Najla Haywood, Esteban Hernandez, Natalie Hopewell, ArthurGary, Tammie Gregg, Richard Hug hes, Valerie Jordan, Mark Kappelhoff, Joh n Kim, Kevin Lewis, Robert Listenbee, Cynthia Pappas, Scott Pestridge, Channing Phillips, Melissa Randolph, Margaret Richardson, Janice Rodgers, Elizabeth Simpson, Jonathan Smith, Brandon Tramel, DonteTurner, and Miriam Vogel. Cincinnati Folice Chiefleffrey Blacswell welcomesthe taskforce to the University of Cincinnati, January 30, 2015, PHOTO DEBORAH SPENCE EXECUTIVE SUMMARY Trust between law enforcement agencies and the people they protect and serve is essential in a pose reforms; as a corollary to this effort, the task force also recommends that the President support democracy. It is keyto the stability of our communi- programs that take a comprehensive and inclusive ties, the integrity of our criminal justice system, and look at community-based initiatives addressing the safe and effective delivery of policing services. In light of recent events that have exposed rifts in the relationships between local police and the communities they protect and serve, on Decem- ber 18, 2014, President Barack Obama signed an executive order establishing the Task Force on 21st Century Policing.The President charged the task force with identifying best practices and offering recommendations on how policing practices can promote effective crime reduction while building public trust. This executive summary provides an overview of the recommendations of the task force, which met seven times in January and February of 2015. These listening sessions, held in Washington, D.C.; Phoenix, Arizona; and Cincinnati, Ohio, brought the 11 members of the task force together with more than 100 individuals from diverse stakeholder groupslawenforcementofficers and executives, community members, civic leaders, advocates, researchers, academics, and others—in addition to many others who submitted written testimony to study the problems from all perspectives. The task force recommendations, each with action items, are organized around six main topic areas or "pillars:" Building Trust and Legitimacy, Policy and Oversight, Technology and Social Media, Commu- nity Policing and Crime Reduction, OfficerTraining and Education, and Officer Safety and Wellness. The task force also offered two overarching rec- ommendations: the President should support the creation of a National Crime and Justice Task Force to examine all areas of criminal justice and pro - core issues such as poverty, education, and health and safety. Pillar One: Building Trust and Legitimacy Building trust and nurturing legitimacy on both sides of the police/citizen divide is the founda- tional principle underlying the nature of relations between law enforcement agencies and the communities they serve. Decades of research and practice support the premise that people are more likely to obey the law when they believe that those who are enforcing it have authority that is perceived as legitimate by those subject to the authority.The public confers legitimacy only on those whom they believe are acting in procedur- allyjust ways. In addition, law enforcement cannot build community trust if it is seen as an occupying force coming in from outside to impose control on the community. Pillar one seeks to provide focused recommendations on building this relationship. Law enforcement culture should embrace a guard- ian—rather than a warriormindset to build trust and legitimacy both within agencies and with the public.Toward that end, law enforcement agencies should adopt procedural justice as the guiding principle for internal and external policies and practices to guide their interactions with rank and file officers and with the citizens they serve. Law enforcement agencies should also establish a culture of transparency and accountability to build public trust and Iegitimacy.This is critical to ensuring decision making is understood and in accord with stated policy. FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Law enforcement agencies should also proactively data on all parties involved. All policies and promote public trust by initiating positive non- enforcement activities to engage communities that typically have high rates of investigative and enforcement involvement with government agen- cies. Law enforcement agencies should also track and analyze the level of trust communities have in police just as they measure changes in crime.This can be accomplished through consistent annual community surveys. Finally, law enforcement agencies should strive to create a workforce that encompasses a broad range of diversity including race, gender, language, life experience, and cul- tural background to improve understanding and effectiveness in dealing with all communities. Pillar Two: Policy and Oversight Pillar two emphasizes that if police are to carry out their responsibilities according to established poli- cies, those policies must reflect community values. Law enforcement agencies should collaborate with community members, especially in communities and neighborhoods disproportionately affected by crime, to develop policies and strategies for deploying resources that aim to reduce crime by improving relationships, increasing community engagement, and fostering cooperation. To achieve this end, law enforcement agencies should have clear and comprehensive policies on the use of force (including training on the im- portance of de-escalation), mass demonstrations (including the appropriate use of equipment, particularly rifles and armored personnel carriers), consent before searches, gender identification, racial profiling, and performance measures among others such as external and independent investigations and prosecutions of officer -involved shootings and other use of force situations and in -custody deaths. These policies should also in- clude provisions forthe collection of demographic aggregate data should be made publicly available to ensure transparency. To ensure policies are maintained and current, law enforcement agencies are encouraged to periodically review policies and procedures, conduct nonpunitive peer reviews of critical incidents separate from criminal and administra- tive investigations, and establish civilian oversight mechanisms with their communities. Finally, to assist law enforcement and the com- munity achieve the elements of pillar two, the U.S. Department of Justice, th rough the Office of Community Oriented Policing Services (COPS Office) and Office of Justice Programs (OUP), should provide technical assistance and incentive funding tojurisdictions with small police agencies thattake steps toward interagency collaboration, shared services, and regional training.They should also partner with the International Association of Direc- tors of Law Enforcement Standards and Training (IADLEST) to expand its National Decertification Index to serve as the National Register of Decerti- fied Officers with the goal of covering all agencies within the United States and its territories. Pillar Three: Technology & Social Media The use oftechnologycan improve policing practic- es and build communitytrust and legitimacy, but its implementation must be built on a defined policy framework with its purposes and goals clearly de- lineated. Implementing new technologies can give police departments an opportunity to fully engage and educate communities in a dialogue abouttheir expectations for transparency, accountability, and privacy. But technology changes quickly in terms of new hardware, software, and other options. Law enforcement agencies and leaders need to be able to identify, assess, and evaluate new technology for adoption and do so in ways that improve their effectiveness, efficiency, and evolution without infringing on individual rights. Pillar three guides the implementation, use, and evaluation of technology and social media by law enforcement agencies.To build a solid foundation for law enforcement agencies in this field, the U.S. Department of Justice, in consultation with the law enforcement field, should establish national standards for the research and development of new technology including auditory, visual, and bio- metric data,"less than lethal"technology, and the development of segregated radio spectrum such as FirstNet.These standards should also address compatibility, interoperability, and implementation needs both within local law enforcement agencies and across agencies and jurisdictions and should maintain civil and human rights protections. Law enforcement implementation of technology should be designed considering local needs and aligned with these national standards. Finally, law enforcement agencies should adopt model policies and best practices for technology-based community engagement that increases communi- ty trust and access. Pillar Four: Community Policing & Crime Reduction Pillar four focuses on the importance of com- munity policing as a guiding philosophy for all stakeholders. Community policing emphasizes working with neighborhood residents to co- produce public safety. Law enforcement agencies should, therefore, work with community residents to identify problems and collaborate on imple- menting solutions that produce meaningful results for the community. Specifically, law enforcement agencies should develop and adopt policies and strategies that reinforce the importance of com- EXECUTIVE SUMMARY munity engagement in managing public safety. Law enforcement agencies should also engage in multidisciplinary, community team approaches for planning, implementing, and responding to crisis situations with complex causal factors. Communities should support a culture and practice of policing that reflects the values of protection and promotion of the dignity of all especiallythe most vulnerable, such as children and youth most at risk for crime or violence. Law enforcement agencies should avoid using law enforcement tactics that unnecessarily stigmatize youth and marginalize their participation in schools (where law enforcement officers should have limit- ed involvement in discipline) and communities. In addition, communities need to affirm and recog- nize the voices of youth in community decision making, facilitate youth participation in research and problem solving, and develop and fund youth leadership training and life skills through positive youth/police collaboration and interactions. Pillar Five: Training & Education As our nation becomes more pluralistic and the scope of law enforcement's responsibilities expands, the need for expanded and more effective training has become critical. Today's line officers and leaders must be trained and capable to address a wide variety of challenges including international terrorism, evolving technologies, rising immigration, changing laws, new cultural mores, and a growing mental health crisis. Pillar five focuses on the training and education needs of law enforcement.To ensure the high quality and effectiveness of training and educa- tion, law enforcement agencies should engage community members, particularly those with spe- cial expertise, in the training process and provide leadership training to all personnel throughout their careers. FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING To further assist the training and educational needs of law enforcement, the Federal Gov- ernment should support the development of partnerships with training facilities across the country to promote consistent standards for high quality training and establish training innovation hubs involving universities and police academies. A national postgraduate institute of policing for senior executives should be created with a stan- Law enforcement agencies should also promote wellness and safety at every level of the organiza- tion. For instance, every law enforcement officer should be provided with individual tactical first aid kits and training as well as anti -ballistic vests. In addition, law enforcement agencies should adopt policies that require officers to wear seat belts and bullet-proof vests and provide training to raise awareness of the consequences of failure to do so. dardized curriculum preparing participants to lead Internal procedural justice principles should be ad - agencies in the 21 st century. One specific method of increasing the quality of training would be to ensure that Peace Officer and Standards Training (POST) boards include mandatory Crisis Intervention Training (CIT), which equips officers to deal with individuals in crisis or living with mental disabilities, as part of both basic recruit and in-service officer training—as well as instruction in disease of addiction, implicit bias and cultural responsiveness, policing in a dem- ocratic society, procedural justice, and effective social interaction and tactical skills. Pillar Six: Officer Well & Safety The wellness and safety of law enforcement officers is critical not only for the officers, their colleagues, and their agencies but also to public safety. Pillar six emphasizes the support and prop- er implementation of officer wellness and safety as a multi partner effort. The U.S. Department of Justice should enhance and fu rther promote its multi -faceted officer safety and wellness initiative.Two specific strategies recommended forthe U.S. Department of Justice include (1) encouraging and assisting departments in the implementation of scientifically supported shift lengths by law enforcement and (2) expand- ing efforts to coIlectand anal ze data not only on officer deaths but also on injuries and"near misses" opted for all internal policies and interactions.The Federal Government should develop programs to provide financial support for law enforcement officers to continue to pursue educational op- portunities. Finally, Congress should develop and enact peer review error management legislation. Implementation Recommendations The administration, through policies and practices already in place, can start right now to move forward on the recommendations contained in this report.The President should direct all federal law enforcement agencies to implement the task force recommendations to the extent practica- ble, and the U.S. Department of Justice should explore public-private partnership opportunities with foundations to advance implementation of the recommendations. Finally, the COPS Office and OJP should take a series of targeted actions to assist the law enforcement field in addressing current and future challenges. Conclusion The members of the Task Force on 21 st Century Policing are convinced that the concrete recom- mendations contained in this publication will bring long-term improvements to the ways in which law enforcement agencies interact with and bring positive change to their communities. INTRODUCTION "When any part of the American family does not feel like it is being treated fairly, that's a problem for all of us." Trust between law enforcement agencies and the people they protect and serve is essential in a democracy. It is key to the stability of our communities, the integrity of our criminal justice system, a nd the safe and effective delivery of policing services. In light of the recent events that have exposed rifts in the relationships between local police and the communities they protect and serve, on De- cember 18, 2014, President Barack Obama signed Executive Order 13684 establishing the Task Force on 21 st Century Policing. In establishing the task force, the President spoke of the distrust that exists between too many police departments and too many communi- ties—the sense that in a country where our basic principle is equality under the law, too many individuals, particularly young people of color, do not feel as if they are being treated fairly. "When any part of the American family does not feel like it is being treated fairly, that's a problem for all of us;'said the President. "It's notjust a problem for some. It's not just a problem for a particular community or a particular demographic. It means that we are not as strong as a country as we can be. And when applied to the criminal justice system, it means were not as effective in fighting crime as we could be'. —President Barack Obama These remarks underpin the philosophical foundation for the Task Force on 21 st Century Policing: to build trust between citizens and their peace officers so that all components of a com- munity are treating one anotherfairly and justly and are invested in maintaining public safety in an atmosphere of mutual respect. Decades of research and practice tell us that the public cares as much about how police interact with them as they care about the outcomes that legal actions produce. People are more likely to obey the law when they believe those who are enforcing it have the right—the legitimate authority—to tell them what to do.' Building trust and legitimacy, therefore, is notjust a policing issue. It involves all components of the criminal justice system and is inextricably bound to bedrock issues affecting the community such as poverty, education, and public health. The mission of the task force was to examine ways of fostering strong, collaborative relationships between local law enforcement and the commu- nities they protect and to make recommendations to the President on ways policing practices can promote effective crime reduction while building public trust. The President selected members of the task force based on their ability to contribute to its mission because of their relevant perspec- tive, experience, or subject matter expertise in policing, law enforcement and community relations, civil rights, and civil liberties. 2. T.R.Tyler, Why People Obey the Law (New Haven, Cl. Yale University Press, 1990); M.S. Frazer, The Impact of the Community Court Model on Defendant Perceptions of humess: ACaw Study at the Red Hoak Communitylusnoo Center (New York: Center for Court Innovation, 2006). FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING The task force was given 90 days to conduct hearings, review the research, and make recom- mendations to the President, so its focus was sharp and necessarily limited. It concentrated on defining the cross -cutting issues affecting police -community interactions, questioning the contemporary relevance and truth about long -held assumptions regarding the nature and methods of policing, and identifying the areas where research is needed to highlight examples of evidence -based policing practices compatible with present realities. To fulfill this mission, the task force convened sev- en listening sessions to heartestimonyincluding recommendations for action—from government officials; law enforcement officers; academic ex- perts, technical advisors, leaders from established nongovernmental organizations, including grass- roots movements, and any other members of the public who wished to comment.The listening sessions were held in Washington, D.C., January 13; Cincinnati, Ohio, January 30-31, Phoenix, Arizona, February 13-14, and again in Washington, D.C., February 23-24. Other forms of outreach included a number of White House listening sessions to engage other constituencies, such as people with disabilities, the LGBTQ community, and members of the armed forces, as well as careful study of scholarly articles, research reports, and written contributions from informed experts in various fields relevant to the task forces mission. Each of the seven public listening sessions ad- dressed a specific aspect of policing and police -community relations, although cross- cutting issues and concerns made their appear- ance at every session. At the first session, Building Trust and Legitimacy, the topic of procedural justice was discussed as a foundational necessity in building public trust. Subject matter experts also testified as to the meaning of'community po- licing"in its historical and contemporary contexts, defining the difference between implicit bias and racial discrimination—two concepts at the heart of perceived difficulties between police and the people. Witnesses from community organizations stressed the need for more police involvement in community affairs as an essential component of their crime fighting duties. Police officers gave the beat cop's perspective on protecting people who do not respect their authority, and three big -city mayors told of endemic budgetary obstacles to addressing policing challenges. The session on Policy and Oversight again brought witnesses from diverse police forces (both chiefs and union representatives), from law and academia, and from established civil rights organizations and grass -root groups. They discussed use of force from the point of view of both research and policy and internal and external oversight, explained how they prepare for and handle mass demonstrations, and pondered culture and diversity in law enforcement. Witnesses filled the third session, on Technology and Social Media, with testimony on the use of body -worn cameras and other technologies from the angles of research and legal considerations, as well as the intricacies of implementing new technologies in the face of privacy issues.They discussed the ever-expanding ubiquity of social media and its powerto work both for and against policing practice and public safety. The Community Policing and Crime Reduction lis- tening session considered current research on the effectiveness of community policing on bringing down crime, as well as building up public trust. Taskforce members heard detailed descriptions of the methods used by chiefs in cities of varying sizes to implement effective community policing in their jurisdictions over a number of years.They also heard from a panel of young people about their encounters with the criminal justice system and the lasting effects of positive interactions with police through structured programs as well as individual relationships. The fifth listening session considered Training and Education in law enforcement over an office's entire career—from recruitment through basic training to in-service training—and the support, education, and training of supervisors, leaders, and managers. Finally, the panel on Officer Safety and Wellness considered the spectrum of mental and physical health issues faced by police officers from the day-to-day stress of thejob, its likely effect on an officer's physical health, and the need for mental health screening to traffic accidents, burnout, suicide, and how better to manage these issues to determine the length of an officer's career. A listening session on the Future of Community Po- licing concluded the taskforce's public sessions and was followed by the deliberations leading to the recommendations that follow on ways to research, improve, support, and implement policies and procedures for effective policing in the 21 st century. Many excellent and specific suggestions emerged from these listening sessions on all facets of polic- ing in the 21 st century, but many questions arose as well. Paramount among them was how to bring unity of purpose and consensus on best practices to a nation with 18,000 separate law enforcement agencies and a strong history of a preference for local control of local issues. It became very clear that it is time for a comprehensive and multifacet- ed examination of all the interrelated parts of the criminal justice system and a focused investigation into how poverty, lack of education, mental health, and other social conditions cause or intersect with criminal behavior. We propose two overarching recommendations that will seek the answers to these questions. INTRODUCTION 0.1 OVERARCHING RLCOMMLNDATION: The President should support and provide funding for the creation of a National Crime and Justice Task Force to review and evaluate all components of the criminal justice system for the purpose of making recommendations to the country on comprehensive criminal justice reform. Several witnesses atthe taskforce's listening sessions pointed to the fact that police represent the"face"of the criminal justice system tothe public. Yet police are obviously not responsible for laws or incarceration policies that many citizens find unfair. This misassociation leads us to call for a broader examination of such issues as drug policy, sentencing and incarceration, which are beyond the scope of a review of police practices. This is not a new idea. In the 1967 President's Commission on Law Enforcement and Administration of Justice report, The Challenge of Crime in a Free Society, one of the major findings stated, "Officials of the crimina I justice system ... must re-examine what they do. They must be honest about the system's short- comings with the public and with themselves"' The need to establish a formal structure to take a continuous look at criminal justice reform in the context of broad societal issues has never faded from public consciousness. When former Senator Jim Webb (D -VA) introduced legislation to create the National Criminal Justice Commission in 2009, a number of very diverse organizations from the Major Cities Chiefs Association, the Fraternal Order of Police, the National Sheriffs Association, and the National District Attorneys Association to Human Rights Watch, the American Civil Liberties Union, 3. The President's Commission on law Enforcement and Administration of Justice, The ChollengeofCimein a FrT Society (Washington, DC: U.S. Government Printing Office, 1967),15, furs..uwww.ncjrs govrodffilesynl)[42 pdf FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING A panel of community voices with Allie Bones, Renaldo Fowler, Keeshan Harley, Andrea Ritchie, and Linda Sarsour, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE and the National Association for the Advancement of Colored People all supported it.This legislation would have authorized a national criminal justice commission to conduct a comprehensive review of the criminal justice system by a bipartisan panel of stakeholders, policymakers, and experts that would make thoughtful, evidence -based recom- mendations for reform.The bill received strong bipartisan support and passed the House but never received a final vote. More recently, a number of witnesses raised the idea of a national commission at the task force's listening sessions -notably Richard Beary, presi- dent of the International Association of Chiefs of Police (IACP), who said, For over 20 years, the IACP has called for the creation of a National Commission on Criminal Justice to develop across-the-board improvements to the criminal justice system in order to address current challenges and to increase the efficiency and effectiveness of the entire criminal justice community. A deep dive into community -police relations is only one part of this puzzle. We must explore other aspects of the criminal justice system that need to be revamped and further contribute to today's challenges.4 And Jeremy Travis, president of John Jay College of Criminal Justice, added, in the final listening session, You said it is time to look at the criminal justice system, and actually I would broaden the scope. We have this question of how to reintegrate into our societythose who have caused harms.... It is not just the system but these big, democratic, societal questions that go to government functions and how we deal with conflict as well' 0.2 OVLRARCIIING RLCOMMLNDATION: The President should promote programs that take a comprehensive and inclusive look at community-based initiatives that address the core issues of poverty, education, health, and safety. As is evident from many of the recommendations in this report, the justice system alone cannot solve many of the underlying conditions that give rise to crime. It will be through partnerships across sectors and at every level of government that we will find the effective and legitimate long-term solutions to ensuring public safety. 4. Listening Session on BuildingTmst and Legitimacy(oral testimony of Richard 5. Listening Session on the Future of Community Policing (oral testimony of Peary, president, IACP, forth President's Task Force on 21 st Century Policing, JeremyTravis,president, John lay College of criminal Justice, for the Resident's Task Washington, DC, January 13-14,2015). Force on 21st Century Policing, Washington, DC, January 24, 2015). PILLAR 1. BUILDING TRUST & LEGITIMACY People are more likely to obey the law when they believe that those who are enforcing it have the legitimate authority to tell them what to do .... The public confers legitimacy only on those they believe are acting in procedurally just ways. Building trust and nurturing legitimacy on both sides ofthe police -citizen divide is notonly the first pillar of this task force's report but also the foun- dational principle underlying this inquiry into the nature of relations between law enforcement and the communities they serve. Since the 1990s, po- licing has become more effective, better equipped, and better organized to tackle crime. Despite this, Gallup polls show the public's confidence in police work has remained flat, and among some popula- tions of color, confidence has declined' This decline is in addition to the fact that non - Whites have always had less confidence in law enforcement than Whites, likely because"the poor and people of color have felt the greatest impact of mass incarceration;'such that for "too many poor citizens and people of color, arrest and imprisonment have become an inevitable and seemingly unavoidable part of the American experience' Decades of research and practice support the premise that people are more likely to obey the law when they believe that those Figure 1. Confidence in police to protect them from violent crime, U.S. Whites vs. non -Whites Haw much confidence do you have in the ability of the police to protect you from violent Crime— a great deal, quite a lot, not very much, or none at all? % A GREAT DEAL/QUITE A LOT OF CONFIDENCE 0 Whites 0 Nonwhites 72 '86 188 19C '92 '94 195 198 00 '02 '04 IC5 108 10 '12 '14 Source Junin McCarthy,"Nonwhiles Less Likely" (see role 6). Copyright © 2014 Gallup, Inc All rig his reserved. The con hen is used wi ih permission; however, Gallup retains all dgh is of republication. 6. Justin McCarthy,"Nonwhites Less Likely to Feel Police Protea and Serve Them, Gallup. Politic, November 17, 2014, htto://www. galluo.com/poll/179468/ nonwhites -less likely feel-police-protect-serve.asprx. 7. Bryan Stevenson,"Confronting Mass Imprisonment and Restoring Faimessto Collateral Review of Criminal Cases, Harvard Civil Rights -Civil LiberticsfawReview 41 (Summer 2006): 339-367. 0 9 9 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING who are enforcing it have the legitimate authority to tell them what to do. But the public confers follows that officers who feel respected by their organizations are more likely to bring this respect legitimacy only on those they believe are acting in into their interactions with the people they serve. procedurally just ways. External procedural justice focuses on the ways Procedurally just behavior is based on four central officers and other legal authorities interact with principles: 1. Treating people with dignity and respect 2. Giving individuals "voice" during encounters 3. Being neutral and transparent in decision making 4. Conveying trustworthy motives' Research demonstrates that these principles lead to relationships in which the community trusts that officers are honest, unbiased, benevolent, and Iawful.The community therefore feels obligated to follow the law and the dictates of legal authorities and is more willing to cooperate with and engage those authorities because it believes that it shares a common set of interests and values with the police' There are both internal and external aspects to procedural justice in policing agencies. Internal procedural justice refers to practices within an agency and the relationships officers have with their colleagues and leaders. Research on internal procedural justice tells us that officers who feel respected by their supervisors and peers are more likely to accept departmental policies, understand decisions, and comply with them voluntarily.10 It 8. Lorraine Mazerolle, Sarah Bennett, Jacqueline Davis, 9ise Sargeant, and Matthew Manning,"Legitimacy in Policing: A Systematic Review, The Campbell Colkdan Library of Systematic Reviews 9 (Oslo, Norway: The Campbell Collaboration, 2013). 9. Tom Tyler, Jonathon Jackson, and Ben Bradford,"Procedural Justice and Cooperation,"in Encyclopedia of 6immologyand 6iminal fustic, eds. Cohen Bruinsma and David Weisburd (New York: Springer, 2014),4011-4024. 10. Nicole Haas et al 'Explaining Officer Compliance The Importance of Procedural Justice and Trust inside a Police Organization,"Cammology and 6lminal,fushe (January 2015), dot. 10.1177/1748895814566288, COPS Office "Comprehensive Law Enforcement Review: Procedural Justice and Legitimacy, accessed February 28, 2015, hum //wwwcops.usdoj gov/odf/taskforce/ Procedural Justice-and-LegiJmaty-LE-Review-Summarypdf. 10 the public and how the characteristics of those in- teractions shape the public's trust of the police. It is important to understand that a key component of external procedural justice—the practice of fair and impartial policing—is built on understanding and acknowledging human biases," both explicit and implicit. All human beings have biases or prejudices as a result of their experiences, and these biases influence how they might react when dealing with unfamiliar people or situations. An explicit bias is a conscious bias about certain populations based upon race, gender, socioeconomic status, sexual orientation, or other attribul Common sense shows that explicit bias is incredibly dam- aging to police -community relations, and there is a growing body of research evidence that shows that implicit bias—the biases people are not even aware they have—is harmful as well. Witness Jennifer Eberhardt said, Bias is not limited to so-called "bad people." And it certainly is not limited to police ofh cern. Th e problem is a widespread one that arises from history, from culture, and from racial inequalities that still pervade our society and are especially salient in the context of criminal justice." 11. Lorie Fridell,"This is Not Your Grandparents'Prejudice: The Implications of the Modem Science of Bias for Police Training;' Translational Criminology (Fall 2013):10-11. 12. Susan Fake,"Are We Born Racist?"Greater God (Summer 2008):14-17. 13. Listening Session on BuildingTmst and Legitimacy(oral testimony of Jennifer Eberhardt forth President's Task Force on 21 st Century Policing, Washington, DC, January 13, 2015). PILLAR 1. BUILDING TRUST & LEGITIMACY To achieve legitimacy, mitigating implicit bias should be a part of training at al I levels of a law enforcement organization to increase awareness and ensure respectful encounters both inside the organization and with communities. The first witnesses at the task force sessions on the first pillar also directly addressed the need for a change in the culture in which police do their work: the use of disrespectful language and the implicit biases that lead officers to rely upon race in the context of stop and frisk. They addressed the need for police officers to find how much they have in common with the people they serve not the lines of authority they may perceive to separate them—and to continue with enduring programs proven successful over many years. Several speakers stressed the continuing need for civilian oversight and urged more research into proving ways it can be most effective. And many spoke to the complicated issue of diversity in recruiting, especially S h e rri lyn I fi I I, who said of youth in poor communities, By the time you are 17, you have been stopped and frisked a dozen times. That does not make that 17-year-0Id want to become a police officer .... The challenge is to transform the idea of policing in communities among young people into something they see as honorable.They have to see people at local events, as the person who lives across the street, not someone who comes in and knows nothing about my community. 14 The taskforces specific recommendations that follow offer practical ways agencies can act to promote legitimacy. 14. Listening Session on BuildingTmst and Legitimacy (oral testimony of Sherrilyn Ifill, president and director -counsel, NAACP Legal Defense and Educational Fund, Inc, for the Resident's Task Force on 21 st Century Policing, Washington, DC, January13, 2015);"Statement bythe NAACP Legal Defense and Educational Pond, Inc." (written testimony submitted for listening session at Washington, DC, January] 3, 2015). 1.1 RLCOMMUNDATIO'V: Law enforcement culture should embrace a guardian mindset to build public trust and Iegitimacy.Toward that end, police and sheriffs' departments should adopt procedural justice as the guiding principle for internal and external policies and practices to guide their interactions with the citizens they serve. How officers define their role will set the tone for the community. As Plato wrote, "In a republic that honors the core of democracy—the great- est amount of power is given to those called Guardians. Only those with the most impeccable character are chosen to bear the responsibility of protecting the democracy." Law enforcement cannot build community trust if it is seen as an occupying force coming in from outside to rule and control the community. As task force member Susan Rahr wrote, In 2012, we began asking the question, "Why are we training police officers like sold iers?"Although police officers wear uniforms and carry weapons, the similarity ends there.The missions and rules of engagement are completely different. The soldier's mission is that of a warrior. to conquer. The rules of engagement a re decided before the battle.The police officer's mission is that of a gua rdian: to protect. The rules of engagement evolve as the incident unfolds. Soldiers must follow orders. Police officers must make independent decisions. Soldiers come into communities as an outside, occupying force. Guardians are members of the community, protecting from within." There's an old saying, "Organizational culture eats policy for lunch"Any law enforcement 15. Sue Rahr,'Transforming the Culture of Policing from Warriors to Guardians in Washington State"International Association ofDiredors of fnwEnforcement Standards and Training Newsletter 25, no.4 (2014): 3-4; see also Sue Rahr and Stephen K. Rice,"FromWamors to Guardians: Recommitting American Police Culture to Democratic deal s;'NearPerspectives in PoliangBalletin (Washington, DC: National Institute of Jufice, 2015), NO 248654,hup//www.hks.haruard.edu content/download/76023/1708385/version/l/file/WarriorstoGuardians.odE FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING organization can make great rules and policies that emphasize the guardian role, but if policies conflict with the existing culture, they will not be institutionalized and behavior will not change. In police work, the vast majority of an officer's work is done independently outside the immediate over- sight of a supervisor. But consistent enforcement of rules that conflict with a military -style culture, where obedience to the chain of command is the norm, is nearly impossible. Behavior is more likely to conform to culture than rules. The culture of policing is also important to the proper exercise of officer discretion and use of authority, as task force member Tracey Meares has written.1eThe values and ethics of the agency will guide officers in their decision-making process; they cannot simply rely on rules and policy to act in encounters with the public. Good policing is more than just complying with the law. Some- times actions are perfectly permitted by policy, but that does not always mean an officer should take those actions. Adopting procedural justice as the guiding principle for internal and external policies and practices can be the underpinning of a change in culture and should contribute to building trust and confidence in the community. 1.2 RE, COMMENDATION: Lawenforcement agencies should acknowledge the role of policing in past and present injustice and discrimination and how it is a hurdle to the promotion of community trust Atone listening session, a panel of police chiefs described what they had been doing in recent years to recognize and own their history and to change the culture within both their police forces and their communities. 16. Tracey L Meares, "Rightful Poli cing;'Ner,Perspectives in Policing Bulletin (Washington, DC: National Institute of Justice, 2015), NO 248411, htto: //mw.hks.haNard.edu/content/download/74094/1679313/ versioncto e/R lahtful Policing off. 12 Baltimore Police Commissioner Anthony Batts described the process in his city: The process started with the commissioning of a study to evaluate the police department and the community's views of the agency.... The review uncovered broken policies, outdated procedures, outmoded technology, and operating norms that put officers at odds with the community they are meantto serve. It was clearthat dramatic and dynamic change was needed." Ultimately, the Baltimore police created the Professional Standards and Accountability Bureau, tasked with rooting out corruption, holding offi- cers accountable, and implementing national best practices for polices and training. New department heads were appointed and a use of force review structure based on the Las Vegas model was implemented."These were critical infrastructure changes centered on the need to improve the in- ternal systems that would build accountability and transparency, inside and outside the organization;' noted Commissioner Batts." 1.2.1 ACTION ITEM -The U.S. Department of Justice should develop and disseminate case studies that provide examples where past injustices were publicly acknowledged by law enforcement agen- cies in a manner to help build community trust. 1.3 RECOMMENDATION, Law enforcement agencies should establish a culture of transparency and accountability in order to build public trust and Iegitimacy.This will help ensure decision making is understood and in accord with stated policy. 17. Listening Session on Community Policing and Crime Reduction:Building Community Policing Organizations (oral testimony of Anthony Batts, commissioner, Baltimore Police Department, for the Resident's Task Force on 21 st Century Policing, Phoenix At, February 13, 2015). 18. Ibid. PILLAR 1. BUILDING TRUST & LEGITIMACY 1.3.1 ACTION ITEM: TO embrace a Culture Of transparency, law enforcement agencies should make all department policies available for public review and regularly post on the department's website information about stops, summonses, ar- rests, reported crime, and other law enforcement data aggregated by demographics. 1.3.2 ACTION ITEM: When serious incidents occur, including those involving alleged police misconduct, agencies should communicate with citizens and the media swiftly, openly, and neutrally, respecting areas where the law requires confidentiality. One way to promote neutrality is to ensure that agencies and their members do not release back- ground information on involved parties. While a great deal of information is often publicly avail- able, this information should not be proactively distributed by law enforcement. Figure 2. Community members'confidence in their police officers Haw much confidence doyou have in police officers in your communig% JUST SOME /VERY LITTLE Lo do a good job o(enfordng the lav/' Hispanic Black White to not use excessive force on suspects' Hispanic 54% Black l 590/a White 1 24% to treat Hispanics and Whites equally' Hispanic III 51 Black NNNEEL�5,% White to treat Blacks and Whites equally, Hispanic 48% Black White A GREAT DEAL / FAIR AMOUNT Note: Survey conducted August 20-24, 2014. Voluntary responses of"None'and"Dodi know /Re fused"not shown. Blacks and Whi tes include only non -Hispanics Hispanics are of any race. Source Jens Manuel Krogstad,"Latino Confidence In Local Police Lowerthan amongWhltes"Pew Research Center, August 28, 2014, htmJ/www.oewresearch.om/laa-tank/2014/08/28/laiino-confidence-In-local-police-lower-than-among-whites/. 13 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 1.4 RECOMMENDATION: Law enforcement For example, internal department surveys should agencies should promote legitimacy internally ask officers what they th ink of policing strategies within the organization by applying the principles of procedural justice. Organizational culture created through employee interaction with management can be linked to officers'interaction with citizens. When an agency creates an environment that promotes internal procedural justice, it encourages its officers to demonstrate external procedural justice. And just as employees are more likely to take direction from management when they believe manage- ment's authority is legitimate, citizens are more likely to cooperate with the police when they believe the officers'authority is legitimate. Internal procedural justice begins with the clear articulation of organizational core values and the transparent creation and fair application of an organization's policies, protocols, and decision-making processes. If the workforce is actively involved in policy development, workers are more likely to use these same principles of external procedural justice in their interactions with the community. Even though the approach to implementing procedural justice is"top down;' the method should include all employees to best reach a shared vision and mission. Research shows that agencies should also use tools that encour- age employee and supervisor collaboration and foster strong relationships between supervisors and employees. A more effective agency will result from a real partnership between the chief and the staff and a shared approach to public safety.19 1.4.1 ACTION ITEM: In order to achieve internal legitimacy, law enforcement agen- cies should involve employees in the process of developing policies and procedures. 19. Tim Richardson (senior legislative liaison, Fraternal Order of Police), in discussion with Anna Olaghere (research assistant, COPS Office, Washington, DC), October 2014. 14 in terms of enhancing or hurting their ability to connect with the public. Sometimes the lead- ership is out of step with their rankand file, and a survey like this can be a diagnostic toola benchmark against which leadership can measure its effectiveness and ability to create a work envi- ron ment where officers feel safe to discuss their feelings about certain aspects of the job. 1.4.2 ACTION ITEM: Law enforcement agency leadership should examine opportunities to incor- porate procedural justice into the internal discipline process, placing additional importance on values adherence rather than adherence to rules. Union leadership should be partners in this process. 1.5 RECOMMENDATION: Law enforcement agencies should proactively promote public trust by initiating positive nonenforcement activities to engage communities that typically have high rates of investigative and enforcement involvement with government agencies. In communities that have high numbers of inter- actions with authorities for a variety of reasons, police should actively create opportunities for interactions that are positive and not related to investigation or enforcement action. Witness Laura Murphy, for example, pointed out that when law enforcement targets people of color for the isolated actions of a few, it tags an entire com- munity as lawless when in actuality 95 percent are law abiding.20This becomes a self -reinforcing concept. Another witness, Carmen Perez, provided an example of police engaging with citizens in another way: 20. Listening Session on BuildingTmst and Legitimacy(oral testimony of Laura Murphy to the President's Task Force on 21 st Century Policing, Washington, DC, January 13,2015). PILLAR 1. BUILDING TRUST & LEGITIMACY In the community [where] I grew up in southern California, Oxnard, we had the Police Athletic League. A lot of officers in our communities would volunteer and coach at the police activities league. That became our alternative from violence, from gangs and things like that.That allows for police officers to really build and provide a space to build trusting relationships. No longer was that such and such over there but it was Coach Flores or Coach Brown. 21 In recent years, agencies across the county have begun to institutionalize community trust building endeavors.They have done this through programs such as Coffee with a Cop (and Sweet Tea with the Chief), Cops and Clergy, Citizens on Patrol Mobile, Students Talking It Over with Police, and the West Side Story Project. Joint community and law dia- logues and truth telling, as well as community and law enforcement training in procedural justice and bias, are also occurring nationally. Some agencies are even using training, dialogues, and workshops to take steps towards racial reconciliation. Agencies engaging in these efforts to build re- lationships often experience beneficial results' Communities are often more willing to assist law enforcement when agencies need help during in- vestigations. And when critical incidents occur, those agencies already have key allies who can help with information messaging and mitigating challenges. 1.5.1 ACTION ITEM: In order to achieve external legitimacy, law enforcement agencies should involve the community in the process ofde- veloping and evaluating policies and procedures. 21. Listening Session on BuildingTmst and Legitimacy—Community Representatives: Building Community Policing Organizations (oral testimony of Carmen Perez, executive director,The Gathering forJustice, forthe President's Task Force on 21 st Century Policing, Washington, DC, January 13, 2015). 22. Constance Rice and Susan K. Lee, Relationship -Rased Policing: Achieving Safety in Watts (Los Angeles: The Advancement Project, February 2015), tt //67.20.108.158/sites/default/files/imce/President%27s%20Task%20 Force%20CSP%2DPoll u%20Bdef%20FINAL%2002-27-15.odf. 1.5.2 ACTION ITEM: law enforcement agen- cies should institute residency incentive programs such as Resident Officer Programs. Resident Officer Programs are arrangements where law enforcement officers a re provided housing in public housing neighborhoods as long as they fulfill public safety duties within the neighborhood that have been agreed to between the housing authority and the law enforcement agency. 1.5.3 ACTION ITEM: law enforcement agen- cies should create opportunities in schools and communities for positive nonenforcement interac- tions with police. Agencies should also publicize the beneficial outcomes and images of positive, trust -building partnerships and initiatives. For example, Michael Reynolds, a member of the Youth and Law Enforcement panel at the Listening Session on Community Policing and Crime Reduc- tion, told the moving story of a pol ice officer who saw him shivering on the street when he was six years old, took him to a store, and bought him a coat. Despite many negative encounters with po- lice since then, the decency and kindness of that officer continue to favorably impact Mr. Reynolds' feelings towards the police 21 1.5.4 ACTION ITEM: Use of physical control equipment and techniques against vulnerable populations—including children, elderly persons, pregnant women, people with physical and men- tal disabilities, limited English proficiency, and others—can undermine public trust and should be used as a last resort. law enforcement agencies 23. Listening Session on Community Policing and Crime Reduction: Youth and Law Enforcement (oral testimony of Michael Reynolds, co -president, Youth Power Movement, forthe President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 15 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING should carefully consider and review their policies towards these populations and adopt policies if none are in place. 1.6 RECOMMENDATION: Law enforcement agencies should consider the potential damage to public trust when implementing crime fighting strategies. Crime reduction is not self-justifying. Overly aggressive law enforcement strategies can poten- tially harm communities and do lasting damage to public trust, as numerous witnesses over multiple listening sessions observed. 1.6.1 ACTION ITEM: Research conducted to evaluate the effectiveness of crime fighting strategies should specifically look at the potential for collateral damage of any given strategy on community trust and legitimacy. 1.7 RECOMMENDATION: Law enforcement agencies should track the level of trust in police by their communities just as they measure changes in crime. Annual community surveys, ideally standardized across jurisdictions and with accepted sampling protocols, can measure how policing in that community affects public trust. Trust in institutions can only be achieved if the public can verify what they are being told about a product or service, who is responsible for the quality of the product or service, and what will be done to correct any problems. To operate effec- tively, law enforcement agencies must maintain public trust by having a transparent, credible system of accountability 16 Agencies should partner with local universities to conduct surveys by ZIP code, for example, to measu re the effectiveness of specific policing strategies, assess any negative impact they have on a community's view of police, and gain the community's input. 1.7.1 ACTION ITEM: The Federal Gov- ernment should develop survey tools and instructions for use of such a model to prevent local departments from incurring the expense and to allow for consistency across jurisdictions. A model such as the National Institute of Justice -funded National Police Research Platform could be developed and deployed to conduct such surveys.This platform seeks to advance the science and practice of policing in the United States by introducing a new system of measure- ment and feedback that captures organizational excellence both inside and outside the walls of the agency The platform is managed by a team of leading police scholars from seven universi- ties supported by the operational expertise of a respected national advisory board. 1.8 RECOMMENDATION: Law enforcement agencies should strive to create a workforce that contains a broad range of diversity including race, gender, language, life experience, and cultural background to improve understanding and effectiveness in dealing with all communities. Many agencies have long appreciated the critical importance of hiring officers who reflect the communities they serve and also have a high level of procedural justice competency. Achieving diversity in entry level recruiting is important, but achieving systematic and comprehensive diversification throughout each segment of the PILLAR 1. BUILDING TRUST & LEGITIMACY Task force members, along with eecutive Director Ronald L. Davis, listen to testimony, Washington, D.C., Feboary23, 2015. PHOTOBRANDONTRAMET department is the ultimate goal. It is also import- ant to recognize that diversity means not only race and gender but also the genuine diversity of identity, experience, and background that has been found to help improve the culture of police 1.8.2 ACTION ITEM: The department overseeing this initiative should help localities learn best practices for recruitment, training, and outreach to improve the diversity as well as the cultural and linguistic responsiveness of law departments and build greater trust and legitima- enforcement agencies. cy with all segments of the population. A critical factor in managing bias is seeking candidates who are likely to police in an unbiased manner' Since people are less likely to have biases against groups with which they have had positive experiences, police departments should seek can- didates who have had positive interactions with people of various cultures and background S21 1.8.1 ACTION ITEM: The Federal Government should create a law Enforcement Diversity Initiative designed to help communities diversify law en- forcement departments to reflect the demographics of the community. 24. Lorie Fridell,"Racially Biased Policing: The Law Enforcement Response to the Implicit Black -Crime Association,"in Racial Divide: Racial and Ethnic Bias in the 6iminalJustie System, eds. Michael I Lynch, E. Butt Patterson, and Kristina K. Childs (Monsey, NY Criminal Justice Press, 2008), 51. 25. Ibid., 51-52. National and local affinity police organizations could be formally included in this effort.This program should also evaluate and assess diversity among law enforcement agencies around the country and issue public reports on national trends. 1.8.3 ACTION ITEM: Successful law en- forcement agencies should be highlighted and celebrated and those with less diversity should be offered technical assistance to facilitate change. Law enforcement agencies must be continuously creative with recruitment efforts and em ploy the public, business, and civic communities to help. 1.8.4 ACTION ITEM: Discretionary federal funding for law enforcement programs could be influ- enced by that department's efforts to improve their diversityand cultural and linguistic responsiveness. 17 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 1.8.5 ACTION ITEM: Law enforcement agencies should be encouraged to explore more flexible staffing models. As is common in the nursing profession, offering flexible schedules can help officers achieve better work -life balance that attracts candidates and encourages retention, particularly for officers with sole responsibility for the care of family members. 1.9 RECOMMENDATION: Law enforcement agencies should build relationships based on trust with immigrant communities. This is central to overall public safety. Immigrants often fearapproaching police offi- cers when they are victims of and witnesses to crimes and when local police are entangled with federal immigration enforcement. At all levels of government, it is important that laws, policies, and practices not hinder the ability of local law enforcement to build the strong relationships nec- essary to public safety and community well-being. It is the view of this task force that whenever possi- ble, state and local law enforcement should not be involved in immigration enforcement. 1.9.1 ACTION ITEM: Decouplefederal immi- gration enforcement from routine local policing for civil enforcement and nonserious crime. The U.S. Department of Homeland Security should terminate the use of the state and local criminal justice system, including through detention, notification, and transfer requests, to enforce civil immigration laws against civil and nonserious criminal offenders26 26. Listening Session on BuildingTmst and Legitimacy: Civil Rights/Civil Liberties (oral testimony of Maria Teresa Kumar, president and CEO,Voto Latino, for the President's Task Force on 21 st Century Policing, Washington, DC, January 13, 2015). 18 In 2011, the Major Cities Chiefs Association recommended nine points to Congress and the President on this issue, noting that"immigration is a federal policy issue between the U.S. gov- ernment and other countries, not local or state entities and other countries. Any immigration enforcement laws or practices should be national- ly based, consistent, and federally funded"" 1.9.2 ACTION ITEM: Lawenforcement agencies should ensure reasonable and equitable language access for all persons who have encounters with police or who enter the criminal justice system?a 1.9.3 ACTION ITEM: The U.S. Department of Justice should not include civil immigration information in the FBI's National Crime Informa- tion Center database.' The National Crime Information Center (NCIC) database is an electronic clearinghouse that law enforcement officers can access in the field. It contains data submitted by agencies across the country aimed at helping officers identify people, property, and criminal histories. At one time, NCIC also included civil immigration detainers (nonman- datory temporary hold requests issued by a federal immigration officer), although the FBI has indicated that the practice of accepting this information was discontinued and that the information does not currently exist in the database.The U.S. Department of Justice should ensure that this remains the case. 27. "Major Cities Chiefs Association Immigration Position October 201 ],"accessed Febmary26,2015,http//muorciJeschiet.com/pdf/news/immigntion position112811.odf. 28. Listening Session on BuildingTmst and Legitimacy (written testimony of NicholasTumer, president and direaor,Vera Institute of Justice, for the President's Task Force on 21 st Century Policing, Washington, DC, January 13, 2015). 29. Listening Session on Community Policing and Crime Reduction (written testimony oflavierValdes, executive director, Makethe Road New York, forthe President's Task Farce on 21st Century Policing, Phoenix, AZ, February 13-14,2015). PILLAR 2. POLICY & OVERSIGHT Citizens have a constitutional right to freedom of expression, including the right to peacefully demonstrate. The issues addressed in the first pillar of this report, mistakes, what information was missing ormisin- building trust and legitimacy between law enforce- terpreted, and how they could have improved their ment agencies and the communities they serve, underlie all questions of law enforcement policy and community oversight. If police are to carry out their responsibilities according to established policies, these policies must be reflective of community values and not lead to practices that result in disparate impacts on various segments of the community They also need to be clearly articulated to the community and implemented transparently so police will have credibility with residents and the people can have faith that their guardians are always acting in their best interests. Paramount among the policies of law enforcement organizations are those controlling use of force. Not only should there be policies for deadly and nondeadly uses of force but a clearly stated "sanc- tity of life" philosophy must also be in the forefront of every officer's mind.This way of thin king should be accompanied by rigorous practical ongoing training in an atmosphere of nonjudgmental and safe sharing of views with fellow officers about how they behaved in use of force situations. At one listening session, Geoffrey Alpert described Officer -Created Jeopardy Training, in which officers who had been in situations where mistakes were made or force was used came to explain their decision making to other officers. Some explained what they did right and how potentially violent situations were resolved without violence. Other officers told what they did wro ng, why they made behavior and response to suspects.30 Data collection, supervision, and accountability are also part of a comprehensive systemic ap- proach to keeping everyone safe and protecting the rights of all involved during police encounters. Members of the Division of Policing of the Ameri- can Society of Criminology recently wrote,"While the United States presently employs a broad array of social and economic indicators in order to gauge the overall'health'of the nation, it has a much more limited set of indicators concerning the behavior of the police and the quality of law enforcement 1131 That body noted that Section 210402 of the Violent Crime Control and Law Enforcement Act of 1994 requires the U.S. Attorney General to "acquire data about the use of excessive force by law enforcementofficers" and to"publish an annual summary of the data acquired under this section 1131 But the U.S. Department of Justice (DOJ) has never been allocated the funds necessary to undertake the serious and sustained program of research and development to fulfill this mandate. Expanded research and data collection are also necessary to knowing what works and what does not work, which policing practices are effective andwhich 30. Listening Session on Policy and Oversight the of Force Research and Policies (oral testimony of Geoffrey Alpert, professor, University of South Carol Ina, for the President's Task Force on 21st Century Policing, Cincinnati, OR, January 30, 2015). 31. "Recommendations to the President's Task Force on 21st Century Policing;' Listening Session nurturing and Education (written testimony of Anthony Braga or al., Ad Hoc Committee to the President's Task Force on 21st Century Policing, Didsion of Policing, American Society of Criminology, February 13-14, 2015). 32. Ibid. 19 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING ones have unintended consequences. Greater acceptance of the Federal Bureau of Investigation's (FBI) National Incident -Based Reporting System could also benefit policing practice and research endeavors. Mass demonstrations, for example, are occasions where evidence -based practices successfully ap- plied can make the difference between a peaceful demonstration and a riot. Citizens have a consti- tutional right to freedom of expression, including the right to peacefully demonstrate. There are strong examples of proactive and positive com- munication and engagement strategies that can protect constitutional rights of demonstrators and the safety of citizens and the police." 2.1 RE, COMMENDATION: Lawenforcement agencies should collaborate with community members to develop policies and strategies in communities and neighborhoods disproportionately affected by crime for deploying resources that aim to reduce crime by improving relationships, greater community engagement, and cooperation. The development of a service model process that focuses on the root causes of crime should include the community members themselves because what works in one neighborhood might not be equally successful in every other one. Larger de- partments could commit resources and personnel to areas of high poverty, limited services, and at -risk or vulnerable populations through creating priority units with specialized training and added status and pay. Chief Charlie Beck of the Los 33. Listening Session on Policy and Oversight Mass Demonstrations (oral testimony of Garry McCarthy, chief of police, Chicago Police Department, for the President's Task Force on 21 st Century Policing, Cincinnati, OF, January 31,2015); Listening Session on Policy and Oversight Mass Demonstrations (oral testimony of Rodney Monroe, chief of police, Chadotte-Mecklenberg FC] Police Department, for the President's Task Force on 21st Century Policing, Cincinnati, OR, January 30, 2015). 20 Angeles Police Department (LAPD) described the LAPD's Community Safety Partnership, in which officers engage the community and build trust where it is needed most, in the public housing projects in Watts. The department has assigned 45 officers to serve for five years atthree housing proj- ects in Watts and at an additional housing project in East Los Angeles.Through a partnership with the Advancement Project and the Housing Authority of the City of Los Angeles, the program involves officers going into the housing developments with the intent notto make arrests butto create part- nerships, create relationships, hear the community, and see what they need—and then worktogether to make those things happen.' The work in Watts has been documented in an Advancement Project report presented to the taskforce.35 2.1.1 ACTION ITEM: The Federal Government should incentivize this collaboration through a variety of programs that focus on public health, education, mental health, and other programs not traditionally part of the criminal justice system. 2.2 RECOMMENDATION: Law enforcement agencies should have comprehensive policies on the use of force that include training, investigations, prosecutions, data collection, and information sharing. These policies must be clear, concise, and openly available for public inspection. 2.2.1 ACTION ITEM: LBW enforcement agency policies for training on use of force should emphasize de-escalation and alternatives to arrest or summons in situations where appropriate. 34. Listening Session on Policy and Oversight: Civilian Oversight(oral testimony of Charlie Beck, chief, Los Angeles Police Department, for the President's Task Force on 21 st Century Policing, Cincinnati, OF, January 30, 2015). 35. Rice and Lee, Relationship -Based Policing (see note 22). As Chuck Wexler noted in his testimony, In traditional police culture, officers are taught never to back down from a confrontation, but instead to run toward the dangerous situation that everyone else is running away from. However, sometimes the best tactic for dealing with a minor confrontation is to step back, call for assistance, de-escalate, and perhaps plan a different enforcement action that can betaken more safely latera° Policies should also include, at a minimum, annual training that includes shoot/don't shoot scenarios and the use of less than lethal technologies. 2.2.2 ACTION ITEM: These policies should also mandate external and independent criminal investigations in cases of police use of force result- ing in death, officer -involved shootings resulting in injury or death, or in -custody deaths. One way this can be accomplished is by the creation of multi -agency force investigation task forces comprising state and local investigators. Other ways to structure this investigative process include referring to neighboring jurisdictions or to the next higher levels of government (many small- er departments may already have state agencies handle investigations), but in order to restore and maintain trust, this independence is crucial. In written testimony to the task force, James Palmer of the Wisconsin Professional Police Asso- ciation offered an example in that state's statutes requiring that agency written policies "require an investigation that is conducted by at least two investigators ... neither of whom is employed by 36. Listening Session on Policy and Oversight the of Force Investigations and Oversight (oral testimony of Chuck Wexler, executive director, Police Executive Research Forum, for the President's Task Force on 21st Century Policing, Cincinnati, OH, January 30, 2015). PILLAR 2. POLICY & OVERSIGHT a law enforcement agency that employs a law enforcement officer involved in the officer - involved death"" Furthermore, in order to es- tablish and maintain internal legitimacy and procedural justice, these investigations should be performed by law enforcement agencies with adequate training, knowledge, and experience investigating police use of force. 2.2.3 ACTION ITEM: The task force encour- ages policies that mandate the use of external and independent prosecutors in cases of police use of force resulting in death, officer -involved shootings resulting in injury or death, or in -custody deaths. Strong systems and policies that encourage use of an independent prosecutor for reviewing police uses of force and for prosecution in cases of inappropriate deadly force and in -custody death will demonstrate the transparency to the public that can lead to mutual trust between community and law enforcement. 2.2.4 ACTION ITEM: Policies on use of force should also require agencies to collect, maintain, and report data to the Federal Government on all officer -involved shootings, whether fatal or nonfatal, as well as any in -custody death. In -custody deaths are not only deaths in a prison or jail but also deaths that occur in the process of an arrest. The Bureau of Justice Statistics (BJS) implemented the Arrest Related Deaths data collection in 2003 as part of requirements set forth in the Deaths in Custody Reporting Act of 37. Listening Session on Policy and Oversight(written testimony of James Palmer, executive director, Wisconsin Professional Police Association, for the President's Task Force on 21 st Century Policing, Cincinnati, OH, January 30-31, 2015). 21 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 2000 and reenacted in 2014. Although states receiving grants under the Edward Byrne Memorial Justice Assistance Grant Program are required to provide this data to B -S, the Arrest Related Deaths data collection is a voluntary reporting program for law enforcement agencies. Access to this data is importantto gain a national picture of police use of force as well as to incentivize the systematic and transparent collection and analysis of use of force incident data at the local level. The agency - reported data should include information on the circumstances of the use of force, as well as the race, gender, and age of the decedents. Agency data should be reported to the U.S. Department of Justice through the FBI's Uniform Crime Reporting System or an expansion of collections managed by the B -S. 2.2.5 ACTION ITEM: Policies on use of force should clearly state what types of information will be released, when, and in what situation, to maintain transparency. This should also include procedures on the release of a summary statement regarding the circum- stances of the incident by the department as soon as possible and within 24 hours.The intent of this directive should be to share as much information as possible without compromising the integrity of the investigation or anyone's rights. 2.2.6 ACTION ITEM: Law enforcement agen- cies should establish a Serious Incident Review Board comprising sworn staff and community members to review cases involving officer - involved shootings and other serious incidents that have the potential to damage community trust or confidence in the agency.The purpose of this board should be to identify any administra- tive, supervisory, training, tactical, or policy issues that need to be addressed. 22 2.3 RECOMMENDATION: Law enforcement agencies are encouraged to implement nonpunitive peer review of critical incidents separate from criminal and administrative investigations. These reviews, sometimes known as "near miss' or "sentinel event" reviews, focus on the improve- ment of practices and policy. Such reviews already exist in medicine, aviation, and other industries. According to the National Institute of Justice (NIJ), a sentinel event in criminal justice would include wrongful convictions but also"near miss"acquit- tals and dismissals of cases that at earlier points seemed solid, cold cases that stayed cold too long, wrongful releases of dangerous or factually guilty criminals or of vulnerable arrestees with mental disabilities, and failures to prevent domestic violence within at -risk families. Sentinel events can include episodes that are within policy but disastrous in terms of commu- nity relations, whether or not everyone agrees that the event short Id be classified as an error. In fact, anything that stakeholders agree can cause widespread or viral attention could be considered a sentinel event.3e What distinguishes sentinel event reviews from other kinds of internal investigations of apparent errors is that they are nonadversarial. As taskforce member Sean Smoot has written, For sentinel event reviews to be effective and practical, they must be cooperative efforts that afford the types of protections provided in the medical context, where state and federal laws protect the privacy of participants and preventthe disclosure of information to anyone outside of the sentinel event review.... Unless the sentinel event 38. lames M. Doyle,"Leaming from Error in the Criminal Justice System: Sentinel Event Reviews,"Mendinghstie. Sentind Even(Reviem (Special Report from the National Institute of Justice, September 2014): 3-20. PILLAR 2. POLICY & OVERSIGHT Barbara O'Connor, President of the National Association of Women Law Enforcement Executives, speaks during a panel on diversity In law enforcement, Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE process is honest and trustworthy, with adequate legal protections—including use immunity, privacy, confidentiality, and nondisclosure, for example—police officers, who have the very best information about how things really work and what really happened, will not be motivated to fully participate.The sentinel event review approach will have a better chance of success if departments can abandon the process of adversarial/punitive-based discipline, adopting instead "education -based' disciplinary procedures and policies.39 2.4 RLCOMMENDATIOV: Lawenforcement agencies are encouraged to adopt identification procedures that implement scientifically supported practices that eliminate or minimize presenter bias or influence. 39. Sean Smoot "Punishment -Based vs. Education -Based Discipline: A Surmountable Challenge?"in Mendinglustie. SentindCven(Reviem (Special Report from the National Institute of Justice, September 2014):48-50. A recent study by the National Academy of Sciences, Identifying the Culprit Assessing Eyewitness Identification, studied the important role played by eyewitnesses in criminal cases, noting that research on factors affecting the accuracy of eyewitness identification procedures has given an increasingly clear picture of how identifications are made and, more important, an improved under- standing of the limits envision and memorythat can lead to failure of identification 40 Manyfactors, including external conditions and the witness's emotional state and biases, influence what a witness sees or thinks she sees. Memories can be forgotten, reconstructed, updated, and distorted. Meanwhile, policies governing law enforcement procedures for conducting and recording identifications are not standard, and policies and practices to address the issue of misidentiflcatio n va ry widely. 40. Samuel R. Gross or al.,"Rate of False Conviction of Criminal Defendants who are Sentenced to Death;'Proceedings of the National Academy of Sciences of the United States of America 111, no. 20 (2014): 7230-7235. htto://www.pnas.org[ content/111 /20/7230.full. pdf+html. 23 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 2.5 RECOMMENDATION: All federal, state, local, and tribal law enforcement agencies should report and make available to the 2.5.1 ACTION ITEM: The Bureau of Justice Statistics should add additional demographic questions to the law Enforcement Management public census data regarding the composition and Administrative Statistics (LEMAS) survey in of their departments including race, gender, age, and other relevant demographic data. While the BJS collects information on many aspects of police activities, there is no single data collection instrument that yields the information requested in this recommendation. Demographic data should be collected and made available to the public so communities can assess the diver- sity of their departments and do so in a national context.This data will also be important to better understand the impact of diversity on the func- tioning of departments. Malik Aziz, National Chair of the National Black Police Association (NBPA), reminded the taskforce that the NBPA not only urges all departments to meet the demographics of the community in which they serve by main- taining a plan of action to recruit and retain police officers of color but also has called for the DOJ to collect the annual demographic statistics from the 18,000 police agencies across the nation. "It is not enough to mandate diversity;' he stated, "but it becomes necessary to diversify command ranks in departments that have historically failed to de- velop and/or promote qualified and credentialed officers to executive and command ranks"41 41. Listening Session on Policy and Oversight: Law Enforcement Culture and Diversity (oral testimony of Malik Aziz, chairman, National Black Police Association, for the President's Task Force on 21 st Century Policing, Cincinnati, ON, January 30, 2015). 24 order to meet the intent of this recommendation. 2.6 RECOMMENDATION: Law enforcement agencies should be encouraged to collect, maintain, and analyze demographic data on all detentions (stops, frisks, searches, summons, and arrests). This data should be disaggregated by school and non -school contacts. The BJS periodically conducts the Police -Public Contact Survey, a supplement to the National Crime Victimization Survey.The most recent survey, released in 2013, asked a nationally representative sample of U.S. residents age 16 or older about experiences with police during the prior 12 months." But these surveys do not reflect what is happening every day at the local level when police interact with members of the communities they serve. More research and tools along the lines of Lorie Fridell's 2004 publication, By the Numbers: AGuide forAnalyzing Race Data From Vehicle Stops—to help local agencies collect and analyze their data, understand the importance of context to the analysis and reporting process, and establish benchmarks resulting from their findings—would improve understanding and lead to evidence -based policies. 42. Lynn Langton and Matthew Dumse, Police Behavior during Trafficand Street Stops, 2011, Special Report (Wash Ington, DC Office of Justice Programs Bureau of Justice Star ig2013),NO242937;Matthew Busse and Lynn Langton, Requests for Poi 15setane, 2011, Species I Report (Washington, DC Office of Justice Programs Bureau of Justice Statistics, 2013), NO 242938. 2.6.1 ACTION ITEM- The Federal Gov- ernment could further incentivize universities and other organizations to partner with police departments to collect data and develop knowl- edge about analysis and benchmarks as well as to develop tools and templates that help depart- ments manage data collection and analysis. 2.7 RE, COMMENDATION: Law enforcement agencies should create policies and procedures for policing mass demonstrations that employ a continuum of managed tactical resources that are designed to minimize the appearance of a military operation and avoid using provocative tactics and equipment that undermine civilian trust. Policies should emphasize protection of the First Amendment rights of demonstrators and effective ways of communicating with them. Superin- tendent Garry McCarthy of the Chicago Police Department detailed his police force training and operations in advance of the 2012 NATO Summit at the height of the "Occupy" movement. The department was determined not to turn what it knew would be a mass demonstration into a riot. Police officers refreshed "perishable" skills, such as engaging in respectful conversations with demonstrators, avoiding confrontation, and using "extraction techniques" not only on the minority of demonstrators who were behaving unlawfully (throwing rocks, etc.) but also on officers who were becoming visibly upset and at risk of losing their composure and professional demeanor." PILLAR 2. POLICY & OVERSIGHT 2.7.1 ACTION ITEM: law enforcement agen- cy policies should address procedures for implementing a layered response to mass demonstrations that prioritize de-escalation and a guardian mindset. These policies could include plans to minimize confrontation by using"soft look" uniforms, having officers remove riot gear as soon as practical, and maintaining open postures."When officers line up in a military formation while wearing full protective gear, their visual appearance may have a dramatic influence on how the crowd perceives them and how the event ends" 2.7.2 ACTION ITEM: The Federal Govern- ment should create a mechanism for investigating complaints and issuing sanctions regarding the inappropriate use of equipment and tactics during mass demonstrations. There has been substantial media attention in recent months surrounding the police use of military equipment at events where members of the public are exercising their First Amendment rights.This has led to the creation of the Presi- dent's Interagency Law Enforcement Equipment Working Group. That group has been tasked by the Executive Order 13688 of January 16, 2015 with a number of issues, including ensuring that law enforcement agencies adopt organizational and operational practices and standards that prevent the misuse or abuse of controlled equipment and ensuring compliance with civil rights requirements resulting from receipt of federal financial assistance. 43. Listening Session on Policy and Oversight (oral testimony of6arry McCarthy, 44. Listening Session on Policy and Oversight(written testimony of Edward Chicago Police Department, to the President's Task Force on 21 st Century Policing, Maguire, American University, forthe President's Task Force on 21 st Century Cincinnati, OH, January 30, 2015). Policing, Cincinnati, OH, January 30, 2015). 25 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 2.8 RECOMMENDATION: Some form of civilian oversight of law enforcement is important in order to strengthen trust with the community. Every community should define the appropriate form and structure of civilian oversight to meet the needs of that community. Many, but not all, state and local agencies operate with the oversight or input of civilian police boards or commissions. Part of the process of assessing the need and desire for new or additional civilian oversight should include input from and collabora- tion with police employees because the people to be overseen should be part of the process that will oversee them. This guarantees that the principles of internal procedural justice are in place to benefit both the police and the community they serve. We must examine civilian oversight in the com- munities where it operates and determine which models are successful in promoting police and community understanding. There are important ar- guments for having civilian oversight even though we lack strong research evidence that it works. Therefore we urge action on further research, based on the guiding principle of procedural jus- tice,to find evidence -based practices to implement successful civilian oversight mechanisms. As noted by witness Brian Buchner at the Policy and Oversight Listening Session on January 30, Citizen review is not an advocate for the community or for the police. This impartiality allows oversight to bring stakeholders together to work collaboratively and proactivelyto help make policing more effective and responsive to the community. Civilian oversight alone is not sufficient to gain legitimacy; without it, however, it is difficult, if not impossible, for the police to maintain the public's trust 45 45. Listening Session on Policy and Oversight (oral testimony ofBnan Buchner, president, National Association for Civilian Oversight of Law Enforcement, forthe President's Task Force on 21 st Century Policing, Cincinnati, OH, January 30, 2015). 26 2.8.1 ACTION ITEM: The U.S. Department of Justice, through its research arm, the National In- stitute of Justice (NIJ), should expand its research agenda to include civilian oversight. NIJ recently announced its research priorities in policing for FY 2015, which include such topics as police use of force, body -worn cameras, and proce- dural justice. While proposals related to research on police oversight mightfit into several of these top- ical areas, police oversight is not highlighted by NIJ in any of them. NIJ should specificaIly invite research into civilian oversight and its impact on and relation- ship to policing in one or more of these areas. 2.8.2 ACTION ITEM: The U.S. Department of Justice's Office of Community Oriented Policing Services (COPS Office) should provide technical assistance and collect best practices from existing civilian oversight efforts and be prepared to help cities create this structure, potentially with some matching grants and funding. 2.9 RECOMMENDATION: Lawenforcement agencies and municipalities should refrain from practices requiring officers to issue a predetermined number of tickets, citations, arrests, or summonses, or to initiate investigative contacts with citizens for reasons not directly related to improving public safety, such as generating revenue. Productivity expectations can be effective performance management tools. But testimony from Laura Murphy, Director of the Washington Legislative Office of the American Civil Liberties Union, identifies some of the negative effects of these practices: One only needs to paint a quick picture of the state of policing to understand the dire need for reform. First, there are local and federal incentives that PILLAR 2. POLICY & OVERSIGHT Co-chair Laurie Robinson asks a panelist a question, Phoenix, February 13, 2015. instigate arrests. At the local level, cities across the country generate much of their revenue through court fines and fees, with those who can't pay subject to arrest and jail time. These debtors' prisons are found in cities like Ferguson, where the number of arrest warrants in 201333,000—exceeded its population of 21,000. Most of the warrants were for driving violations.'a 2.10 RECOMMENDATION: Law enforcement officers should be required to seek consent before a search and explain that a person has the right to refuse consent when there is no warrant or probable cause. Furthermore, officers should ideally obtain written acknowledgement that they have sought consent to a search in these circumstances. 46 Lsteiig SessniniTjstaid LegYmacyina testimony of Laura Murphy, director of the Washington Legislative Office, American Civil Liberties Union, for the President's Task Force on 21 st Century Policing, Washington, DC, January 13, 2015); Joseph Shapiro,"In Ferguson, Court Fines and Fees Fuel Anger, NPRcom, last updated August 25, 2014, fjtto://www.npcorg2014/08/25/343143937/ In-ferguson-court-fines-and-fees-fuel-anger, In forAPmny:7heRise of Amerim4 Deblol5 PIISonS (New York: American Civil Liberties Union, 2010), tt //www.adu.org/files/assets/In ForAPennv web.A PHOTO DEBORAH S- \E 2.11 RECOMMENDATION: Law enforcement agencies should adopt policies requiring officers to identify themselves by their full name, rank, and command (as applicable) and provide that information in writing to individuals they have stopped. In addition, policies should require officers to state the reason for the stop and the reason for the search if one is conducted. 2.11.1 ACTION ITEM: One example of how to do this is for law enforcement officers to carry business cards containing their name, rank, com- mand, and contact information that would enable individuals to offer suggestions or commenda- tions or to file complaints with the appropriate individual, office, or board.These cards would be easily distributed in all encounters. 2.12 RECOMMENDATION: Law enforcement agencies should establish search and seizure procedures related to LGBTQ and transgender populations and adopt as policy the recommendation from the President's 27 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Advisory Council on HIV/AIDS (PACHA) to cease using the possession of condoms as the sole evidence of vice. 2.13 RECOMMENDATION: Law enforcement agencies should adopt and enforce policies prohibiting profiling and discrimination based on race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual orientation, immigration status, disability, housing status, occupation, or language fluency. The taskforce heard from a number of witnesses about the importance of protecting the safety and dignity of all people. Andrea Ritchie noted that gender and sexual ity-specficforms of racial profiling and discriminatory policing [include] .... Failure to respect individuals'gender identity and expression when addressing members of the public and during arrest processing, searches, and placement in policecustody.4' Invasive searches should never be used for the sole purpose of determining gender identity, and an individual's gender identity should be respect- ed in lock -ups and holding cells to the extent that the facility allows for gender segregation. And witness Linda Sarsour spoke to how an issue plaguing and deeply impacting Arab - American and American Muslim communities across the country is racial and religious profiling by local, state, and federal law enforcement. We have learned 47. Listening Session on Training and Education (oral testimonyof Andrea Ritchie, founder of Streetwise and Safe, for the Resident's Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015). 28 through investigative reports, Freedom of Information Act (FOIA) requests, and lawsuits that agencies target communities by religion and national origin.° 2.13.1 ACTION ITEM: The Bureau of Justice Statistics should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender -nonconforming people, by law enforcement officers to the Police Public Contact Survey. 2.13.2 ACTION ITEM: TheCentersfor Disease Control should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender -nonconforming people, by law enforce- ment officers to the National Intimate Partner and Sexual Violence Survey. 2.13.3 ACTION ITEM: The U.S. Department of Justice should promote and disseminate guidance to federal, state, and local law enforce- ment agencies on documenting, preventing, and addressing sexual harassment and misconduct by local law enforcement agents, consistent with the recommendations of the International Association of Chiefs of Police."' 2.14 RECOMMENDATION: The U.S. Department of Justice, through the Office of Community Oriented Policing Services and Office of Justice Programs, should provide technical assistance and incentive funding to jurisdictions with small police agencies that take steps towards shared services, regional training, and consolidation. 48. Listening Session on Training and Education (oral tes ri of Linda Sarsour, Advocacy And Civic Engagement coordinatorforthe National Network for Arab American Communities, forthe President's Task Force on 21 st Century Policing, Phoer i; AZ, February 14, 2015). 49. IACP,A ddrusingScrod Offenses and Misconduct by Law Enforcement Executive Guide (Alexandria, vA: International Association of Chiefs of Police, 2011). Half of all law enforcement agencies in the United States have fewer than ten officers, and nearly three-quarters have fewer than 25 officers 50 Law- rence Sherman noted in his testimony that"so many problems of organizational quality control are made worse by the tiny size of most local police agencies . less than 1 percent of 17,985 U.S. police agencies meet the English minimum of 1,000 employees or more 1 These small forces often lack the resources for training and equipment accessible to larger departments and often are prevented by municipal boundaries and local custom from combining forces with neighboring agencies. Funding and technical assistance can give smaller agencies the incentive to share policies and practices and give them access to a wider variety of training, equip- ment, and communications technologythan they could acquire on their own. PILLAR 2. POLICY & OVERSIGHT 2.15 RLCOMMUNDATION: The U.S. Department of Justice, through the Office of Community Oriented Policing Services, should partner with the International Association of Directors of Law Enforcement Standards and Training (IADLEST) to expand its National Decertification Index to serve as the National Register of Decertified Officers with the goal of covering all agencies within the United States and its territories. The National Decertification Index is an aggrega- tion of information that allows hiring agencies to identify officers who have had their license or cer- tification revoked for misconduct. It was designed as an answertothe problem"wherein a police officer is discharged for improperconduct and loses his/her certification in that state... [only to relocate] to another state and hire on with another police department"" Peace Officer Standards and Table 1. Full-time state and local law enforcement employees, by size of agency, 2008 Size of agency Number of agencies All agencies 17,985 1,000or more officers 83 500-999 89 250-499 237 100-249 778 500-99 1,300 25-49 2,402 10-24 4,300 5-9 3,446 2-4 3,225 0-1 2,125 Source Brian A. Reaves,"Siaie and Local Law Enforcement Agencies"(see note 50). 50. Brian A.Reaves, CenwsofStateandLaallawEnforemmtAgencies,2008, Bulletin (Washington, DC Office of Justice Programs Bureau ofJustice Statistics, 2011), NO 233982. 51. Listening Session on the Future of Community Policing (oral testimony of Lawrence Sherman, Cambridge University, for the Presidenfslask Force on 21 st Century Policing, Washington, DC, February 24, 2015). Total number of full-time employees 1,133,915 326,197 94,168 133,024 174,505 136,390 124,492 98,563 32,493 11,498 2,585 52. "National Decertification Index—FAQs,"accessed February 27,2015, httos://www.iadlest.ora/Portals/0/Files/NDI/FAO/ndi fauhtml. 29 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 00— Bill Sch rier of the Office of the Chief Information Offi cer forthe state of Washi ngton used PowerPoint to demonstrate how agencies can use Twitter for engagement, Cincinnati, January 31, 2015. PHOTO: DEBORAH SPENCE Training (POST) boards can record administrative actions taken against certified police and correc- tional officers. Currently the criteria for reporting an action on an officer is determined by each POST independently, as is the granting of read- only access to hiring departments to use as part of their pre -hire screening process. Expanding this system to ensure national and standardized re- porting would assist in ensuring that officers who 30 have lost their certification for misconduct are not easily hired in other jurisdictions. A national regis- ter wou Id effectively treat "police profess iona Is the way states'licensing laws treat other professionals. If anything, the need for such a system is even more im portant for law enforcement, as officers have the power to make arrests, perform searches, and use deadly force." 53. Roger IT Goldman, 'Po lice Officer Decertification . Promoting Police Professionalism through State Licensing and the National Decertification Index," Police Chief 81 (November 2014): 40-42, run //mw. DoIicechiefmagazine. ora/magazine/indexcfm?fusea ction —display arch&article id=3538&issue id=112014. PILLAR 3. TECHNOLOGY & SOCIAL MEDIA Implementing new technologies can give police departments an opportunity to fully engage and educate communities in a dialogue about their expectations for transparency, accountability, and privacy. We live in a time when technology and its many uses are advancing far more quickly than are policies and laws. "Technology"available to law enforcement today includes everything from body -worn cameras (BWC) to unmanned aircraft to social media and a myriad of products in between. The use oftechnologycan improve policing prac- tices and build communitytrust and legitimacy, but its implementation must be built on a defined policy framework with its purposes and goals clearly delineated. Implementing new technologies can give police departments an opportunity to fully engage and educate communities in a dialogue about thei r expectations for transparency, account- ability, and privacy. But technology changes quickly in terms of new hardware, software, and other options. Law enforcement agencies and leaders need to be able to identify, assess, and evaluate new technologyfor adoption and do so in ways that i m prove their effectiveness, efficiency, and evolution without infringing on individual rights. Thus, despite (and because of) the centrality of technology in policing, law enforcement agencies face major challenges including determining the effects of implementing various technologies; identifying costs and benefits; examining unintend- ed consequences, and exploring the best practices by which technology can be evaluated, acquired, maintained, and managed. Addressing these tech- nology challenges by using research, accumulated knowledge, and practical experiences can help agencies reach their goals,54 but law enforcement agencies and personnel also need to recognize that technology is only a tool for doing theirjobs:just because you have access to technology does not necessarily mean you should always use it." BWCs are a case in point. An increasing number of law enforcement agencies are adopting BWC pro- grams as a means to improve evidence collection, to strengthen officer performance and account- ability, and to enhance agency transparency. By documenting encounters between police and the public, BWCs can also be used to investigate and resolve complaints about officer -involved incidents. Jim Bueermann, retired chief of the Redlands (California) Police Department and President of the Police Foundation, told the task force about a seminal piece of research that demonstrated a positive impact of BWCs in policing.The research- ers used the gold standard of research models, a randomized control trial, in which the people 54. Elizabeth Groffand Tom McEweb ldentr(engandMeasunng McEffects oflnformation Technologies on Law EnforcementAgmaes: The Making Officer Redeployment Effective Program (Washington, DC Office of Community Oriented Policing Services, 2008),http //wm.cops.usdo.gov/PublieJons/eDS084156-IT.Ddf, Christopher S. Koper, Cynthia tum, lames J. Willis, Daniell. Woods, and Julie Hibdon, Realizing the Potential of Technology in Policing. AMulti -Site Study of the Social, Organizational, and Behavioral Aspects oflmplementingPolite Technologies (Washington, DC: National Institute of Justice, 2015), Too ://cebco.ora/wo- content/evidence-based-policin a/ImoactTechn oloavRn alRep. 55. ACP Technology Policy Framework (Alexandria, VA: IntemaJonal Association of Chiefs of Police, 2014), Irm //www.theiacp.o[g/Portals/D/document,/Ddts IACP%2DTechnoloav`%o2WolicvO/o2DFramework`%o20January`%o202014`%o2DHnal.pdf. 31 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING being studied are randomly assigned either to a control group that does not receive the treat- ment being studied or to a treatment group that does.The results of this 12 -month study strongly suggest that the use of BWCs by the police can significantly reduce both officer use of force and com plaints against officers. The study found that the officers wearing the cameras had 87.5 percent fewer incidents of use of force and 59 percent fewer complaints than the officers not wearing the cameras. One of the im portant findings of the study was the impact BWCs might have on the self-awareness of officers and citizens alike. When police officers are acutely awa re that their behavior is being monitored (because they turn on the cameras) and when officers tell citizens that the cameras are recording their behavior, everyone behaves better. The results of this study strongly suggest that this increase in self- awareness contributes to more positive outcomes in police -citizen interaction' But other considerations make the issue of BWCs more complex. A 2014 Police Executive Research Forum (PERF) publication, funded by the Office of Community Oriented Policing Services (COPS Of- fice), reporting on extensive research exploring the policy and implementation questions surrounding BWCs noted: Although body -worn cameras can offer many benefits, theyalso raise serious questions about how technology is changing the relationship between police and the community. Body -worn cameras not only create concerns about the public's privacy rights but also can affect how officers relate to people in the community, the community's 56. Listening Session on Technology and Social Media: Body Cameras -Research and Legal Considerations (oral testimony of Jim Bueermann, president, Police Foundation, for the Resident's Task Force on 21 st Century Policing, Cincinnati, OH, January 31, 2015), Adel Barak, William A. Farrar, and Alex Sutherland, 'The Effect of Police Body Worn Cameras on Use of Force and Citizens'Complaints Against the Police: A Randomized Controlled Trial,"Journal of Quantitative Criminology 2014. 32 perception of the police, and expectations about how police agencies should share information with the public." Now that agencies operate in a world in which anyone with a cell phone camera can record video footage of a police encounter, BWCs help police departments ensure that events are also captured from an officers perspectives' Butwhen the public does not believe its privacy is being protected by law enforcement, a breakdown in community trust can occur. Agencies need to consider ways to involve the public in discussions related to the protection of their privacy and civil liberties prior to implementing new technology, as well work with the public and other partners in the justice system to develop appropriate policies and procedures for use. Another technology relatively new to law enforcement is social media. Social media is a communication tool the police can use to engage the community on issues of importance to both and to gauge community sentiment regarding agency policies and practices. Social media can also help police identify the potential nature and location of gang and other criminal or disorderly activity such as spontaneous crowd gathering S 51 The Boston Police Department (BPD), for example, has long embraced both community policing and the use of social media. The department put its experience to good and highly visible use in April 2013 during the rapidly developing investigation that followed the deadly explosion of two bombs at the finish line of the Boston Marathon. The 57. Lind say Miller and Jessica Toliver, Implementing a Body -Worn Camera Program: Recommendations and Lessons Learned (Washington, DC Office of Community Oriented Policing Services,2014),vii,hum //dc zai-inc.com/ Publications/cops-p296-up DOW 58. Ibid., 1. 59. Police Executive Research Forum, SocialMediaand 7acticahavoiderations for LawEnforcoment (Washington, DC Office of Com munity Oriented Policing Services, 2013), Too:/Mc-zai-inc.com/Publications/cops-p261-pub. adf. BPD successfully used Twitter to keep the public informed about the status of the investigation, to PILLAR 3. TECHNOLOGY & SOCIAL MEDIA technology to enable their systems to operate with different systems and sometimes must also make calm nerves and request assistance, to correct mis- expensive modifications or additions to legacy taken information reported by the press, and to systems to support interoperability with newer askfor public restraint in the tweeting of informa- technology. And these costs do not include the tion from police scanners.This demonstrated the level of trust and interaction that a department and a community can attain online.EO While technology is crucial to law enforcement, it is never a panacea. Its acquisition and use can have unintended consequences for both the organization and the community it serves, which may limit its potential.Thus, agencies need clearly defined policies related to implementation of technology, and must pay close attention to community concerns about its use. 3.1 RE, COMMENDATION: The U.S. Department of Justice, in consultation with the law enforcement field, should broaden the efforts of the National Institute of Justice to establish national standards for the research and development of new technology. These standards should also address compatibility and interoperability needs both within law enforcement agencies and across agencies and jurisdictions and maintain civil and human rights protections. The lack of consistent standards leads to a con- stantly spiraling increase in technology costs. Law enforcement often has to invest in new layers of 60. Edward E Davis III, Alejandro A. Alves, and David Alan Sklansky, "Social Media and Police Leadership: Lessons from Boston;'NewPeapectiva in Policing (Washington, DC: National Institute of Justice, March 2014), hopJ/wwwhks harvard.edu/content/download/67536/1242954/verslon/Ufile/ SocialMediaan dPol iceLea dersh ip-03-14.odf. additional funds needed for training. Agencies are often unprepared for the unintended consequenc- es that may accompany the acquisition of new technologies. Implementation of new technologies can cause disruptions to daily routines, lack of buy -in, and lack of understanding of the purpose and appropriate uses of the technologies. It also often raises questions regarding how the new technologies will im pact the office's expectations, discretion, decision making, and accountabilityfi1 Inconsistent or nonexistent standards also lead to isolated and fractured information systems that can not effectively manage, store, analyze, or share their data with other systems. As a result, much information is lost or unavailable—which allows vital information to go unused and have no impact on crime reduction efforts. As one witness noted, the development of mature crime analysis and CompStat processes allows law enforcement to effectively develop policy a nd deploy resources for crime prevention, but there is a lack of uniformity in data collection throughout law enforcement, and only patchwork methods of near real-time information sharing exiStfi2These problems are especially critical in light of the threats from terrorism and cybercrime. 61. Koper or al.,Po(enhalof Technology in Poliang(see note 54). 62. Listening Session on Technology and Social Media (oral testimony of Elliot Cohen, Maryland State Police, for the President's Task Force on 21 st Century Policing, Cincinnati, ON, January 31, 2015). 33 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING F Wrloi ,i� All ofthe task force listening sessions were streamed live and can still be viewed at thetask force website. PHOTO DEBORAH SPENCE 3.1.1 ACTION ITEM: The Federal Gov- ernment should support the development and delivery of training to help law enforcement agencies learn, acquire, and implement technol- ogy tools and tactics that are consistent with the best practices of 21st century policing. 3.1.2 ACTION ITEM: As part of national stan- dards, the issue of technology's impact on privacy concerns should be addressed in accordance with protections provided by constitutional law. Though all constitutional guidelines must be maintained in the performance of law enforce- ment duties, the legal framework (warrants, etc.) should continue to protect law enforcement 34 access to data obtained from cell phones, social media, GPS, and other sources, allowing officers to detect, prevent, or respond to crime. 3.1.3 ACTION ITEM: Law enforcement agencies should deploy smart technology that is designed to prevent the tampering with or manip- ulating of evidence in violation of policy. 3.2 RECOMMENDATION: The implementation of appropriate technology by law enforcement agencies should be designed considering local needs and aligned with national standards. PILLAR 3. TECHNOLOGY & SOCIAL MEDIA While standards should be created for develop- ment and research of technology at the national level, implementation of developed technologies should remain a local decision to address the needs and resources of the community. In addition to the expense of acquiring technology, implementation and training also requires funds, as well as time, personnel, and physical capacity. 3.2.2 ACTION ITEM: law enforcement agen- cies should include an evaluation or assessment process to gauge the effectiveness of any new technology, soliciting input from all levels of the agency, from line officer to leadership, as well as assessment from members of the community." Witnesses suggested that law enforcement agencies create an advisory group when adopting A case in point is the Phoenix Police Department's a new technology' Ideally, it would include line adoption of BWCs mentioned by witness Michael White, who said that the real costs came on the back end for managing the vast amount of data generated by the cameras. He quoted the Chief of the Phoenix Police Department as saying that it would cost their department $3.5 million to not only outfit all of their officers with the cameras but also successfully manage the program. 3.2.1 ACTION ITEM: Law enforcement agen- cies should encourage public engagement and collaboration, including the use of community officers, union representatives, and members from other departmental units, such as research and pla n n i ng, tec h nology, a nd internal affairs. External stakeholders, such as representatives from the prosecutor's office, the defense bar, advocacy groups, and citizens should also be included, giv- ing each group the opportunity to ask questions, express their concerns, and offer suggestions on policy and training. 3.2.3 ACTION ITEM: law enforcement agencies should adopt the use of new technolo- advisory bodies, when developing a policy for the gies that will help them better serve people with use of a new technology. Local residents will be more accepting of and respond more positively to technology when they have been informed of new developments and their input has been encouraged. How police use technology and how they share that information with the public is critical. Task force witness Jim Bueermann, president of the Police Foundation, addressed this issue, noting that concerns about BWCs include potential compromises to the priva- cy of both officers and citizens, who are reluctant to speak to police if they think they are being recorded. And as the task force co-chair, Charles Ramsey, noted,"Just having the conversation can increase trust and legitimacy and help depart- ments make better decisions" special needs or disabilities. 3.3 RECOMMENDATION: The U.S. Department of Justice should develop best practices that can be adopted by state legislative bodies to govern the acquisition, use, retention, and dissemination of auditory, visual, and biometric data by law enforcement. 63. Sharon Storting, Shawn Barrett, and David Kurz,&stPratica Guidefor Acquisition of New Technology (Alexandra, VA: International Association of Chiefs of Police, n.d.), htto://www.theiacp.org/portals/0/pdN/BP-NewTechnoloay.odf. 64. Listening Session on Technology and Social Media: Body CamerasResearch and Legal Considerations (oral testimony of Michael White, professor, Arizona State University, for the President's Task Force on 21 st Century Policing, Cincinnati, OU, January 31, 2015). 35 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING These model policies and practices should at minimum address technology usage and data 3.4 RECOMMENDATION: Federal, state, local, and tribal legislative bodies should be and evidence acquisition and retention, as well as encouraged to update public record laws. privacy issues, accountability and discipline.They must also consider the impact of data collection and use on public trust and police legitimacy. 3.3.1 ACTION ITEM: As part of the process for developing best practices, the U.S. Department of Justice should consult with civil rights and civil liberties organizations, as well as law enforcement research groups and other experts, concerning the constitutional issues that can arise as a result of the use of new technologies. 3.3.2 ACTION ITEM: The U.S. Department of Justice should create toolkitsfor the most effective and constitutional use of multiple forms of innovative technology that will provide state, local, and tribal law enforcement agencies with a one-stop clearinghouse of information and resources. 3.3.3 ACTION ITEM: Law enforcement agencies should review and consider the Bureau of Justice Assistance's (BJA) Body Worn Camera Toolkit to assist in implementing BWCs. A Body -Worn Camera Expert Panel of law enforce- ment leaders, recognized practitioners, national policy leaders, and community advocates con- vened a two-day workshop in February 2015 to develop a toolkit and provide guidance and model policy for law enforcement agencies implementing BWC programs. Subject matter experts contributed ideas and content for the proposed toolkit while a panel composed of privacy and victim advocates contributed ideas and content for the toolkit to broaden input and ensure transparency. 36 The quickly evolving nature of new technologies that collect video, audio, information, and biomet- ric data on members of the community can cause unforeseen consequences. Public record laws, which allow public access to information held by government agencies, including law enforcement, should be modified to protect the privacy of the individuals whose records they hold and to maintain the trust of the community. Issues such as the accessibility of video captured through dashboard or body -worn cameras are especially complex. So too are the officer use of force events that will be captured by video camera systems and then broadcast by local media outlets. Use of force, even when lawful and appropriate, can negatively influence public perception and trust of police. Sean Smoot, taskforce member, ad- dressed this by recalling the shooting of Flagstaff, Arizona, police officer whose death was recorded by his BWC. Responding to public record requests by local media, the police department released the graphic footage, which was then shown on local TV and also on YouTube fi5 This illustration also raises questions concerning the recording of police interactions with minors and the appropriateness of releasing those videos for public view given their inability to give informed consent for distribution. 3.5 RECOMMENDATION: Law enforcement agencies should adopt model policies and best practices for technology-based community engagement that increases community trust and access. 65. Listening Session on Technology and Social Media (Sean Smoot, task force member, for the President's Task Force on 21 st Century Policing, Cincinnati, OH, January 31,2015). PILLAR 3. TECHNOLOGY & SOCIAL MEDIA Table 2. What types of social media does your agency currently use, and what types of social media do you plan to begin using within the next 2 to 5 years? Social media type Agency website Facebook Twitter YouTube Linkedln Percent of responding agencies currently using 100 Percent of responding agencies plan- ning to begin using in 2 to 5 years 82 14 69 18 48 20 34 20 Note PERF, with the support of the COPS Office and Target Corporation, disseminated a"Future of Po Ilcing'survey In 2012 to more than 500 police agencies; nearly 200 responded. Source Police Executive Research Forum, Future Trends in Policing (Washington, DC Office of Community Oriented Policing Services, 2014), huu:/hic-zai-inc.com/Publications/coos-o282-pub.odf. These policies and practices should at a minimum increase transparency and accessibility, provide access to information (crime statistics, current calls for service), allow for public posting of policy and procedures, and enable access and usage for persons with disabilities. They should also address issues surrounding the use of new and social media, encouraging the use of social media as a means of community interaction and relationship building, which can result in stronger law enforce- ment. As witness Elliot Cohen noted, We have seen social media support policing efforts in gathering intelligence during active assailant incidents: the Columbia Mall shooting and the Boston Marathon bombing. Social media allowed for a greater volume of information to be collected in an electronic format, both audibly and visually. But to engage the community, social media must be responsive and current. Said Bill Schroer, "Regu- larly refresh the content to maintain and engage the audience, post content rapidly during inci- dents to dispel rumors, and use it for engagement, 66. Listening Session on Technology and Social Media: Technology Policy (oral testimony of pilot Cohen, lieutenant, Maryland State Police, for the President's Task Force on 21 st Century Policing, Cincinnati, ON, January 31, 2015). not just public information" False or incorrect statements made via social media, mainstream media, and other means of technology deeply harm trust and legitimacy and can only be over- come with targeted and continuing community engagement and repeated positive interaction. Agencies need to unequivocally discourage falsi- ties by underlining how harmful they are and how difficult they are to overcome. Agencies should also develop policies and prac- tices on social media use that consider individual officer expression, professional representation, truthful communication, and other concerns that can impact trust and legitimacy. 3.6 RECOMMENDATION: The Federal Government should support the development of new "less than lethal" technology to help control combative suspects. The fatal shootings in Ferguson, Cleveland, and elsewhere have put the consequences of use of force front and center in the national news. 67. Listening Session on Technology and Social Media: Technology Policy (oral testimony of BIII Schrier, senior policy advisor, Office of the Chief Information Officer, State ofWashington, for the President's Task Force on 21st Century Policing, Cincinnati, ON, January 31, 2015). 37 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Rev. Jeff Brown speaks on restoring trust between police and communities, Fhoenix, February 13, 2015, PHOTO :DEBORAH SPENCE Policies and procedures must change, but so should the weaponry. New technologies such as subject to the appropriate use of force continuum restrictions. And VincentTalucci made the point in conductive energy devices (CED) have been devel- his testimony that over -reliance on technological oped and may be used and evaluated to decrease weapons can also be dangerous.69 the number of fatal police interventions. Studies of CEDs have shown them to be effective at reducing both officer and civilian injuries. For example, in one study that compared seven law enforcement agencies that use CEDs with six agencies that do not, researchers found a 70 percent decrease in officer injuries and a 40 percent decrease in sus- pect injures.` But new technologies should still be 68. Bruce Taylor AT al., Comparing Safety Qutmmes in Police Use -Of -Force Cases for Sinai EnforcementAgendes That Have Deployed Conducted Energy Devices and A Matched Comparison Group That Have Nat AQuasi Experimental Evaluation (Washington, DC: Police Executive Research Forum, 20D9), Bruns ://wwwmc E. gov/pdffilesl/nii/grants/237965 DOE JohnM. MacDonald, Robert I. Kaminski, and Michael R. Smith, 'The Effect of Less-Letha l Weapons on Injuries In Police Use - of Force Events;'Amencon Journal of Public Health 99, no. 12 (20D9) 2268-2274, htm://www.ncbi.nlm.nih.Dov/Dmc/articles/PMC2775771 /pdf/2268.pdf; Bruce 6. 38 3.6.1 ACTION ITEM: Relevant federal agen- cies, including the U.S. Departments of Defense and Justice, should expand their efforts to study the development and use of new less than lethal technologies and evaluate their impact on public safety, reducing lethal violence against citizens, constitutionality, and officer safety. Taylor and Daniel J.Woods, 'Injuries to Officers and Suspects In Police Use -of - Force Cases: A Quasi -Experimental Evaluation,"Polie Quarterly 13, no.3 (2010): 260-289,http//Dax.sagepub.com/content/13/3/260.full.pd 69. Listening Session on Technology and Social Media (oral testimony ofVincent Talucci, International Association of Chiefs of Police, forthe President's Task Force on 21 st Century Policing, Cincinnati, OF, January 31, 2015). PILLAR 3. TECHNOLOGY & SOCIAL MEDIA 3.7 RLCOMMLNDATTON: The Federal Government should make the development and building of segregated radio spectrum and increased bandwidth by FirstNet for exclusive use by local, state, tribal, and federal public safety agencies a top priority.10 70. Listening Session on Technology and Social Media: Technology Policy (oral testimony of Bill Schrier, senior policy advisor, Office of the Chief Information Officer, State ofWash ington, for the President's Task Force on 21st Century Policing, Cincinnati, OH, January 31, 2015). A national public safety broadband network which creates bandwidth for the exclusive use of law enforcement, the First Responder Network (FirstNet) is considered a game -changing public safety project, which would allow instantaneous communication in even the most remote areas whenever a disaster or incident occurs. It can also support many other technologies, including video transmission from 3WCs. 39 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING President Barack Obama delivers remarks to the press following a meeting with members of the President's Task Force on 21st Century Policing in the Roosevelt Room of the White House, March 2, 2015. OFFICIAL WHITEHOUSE PHOTO BY CHUCK KENNEDY 40 PILLAR 4. COMMUNITY POLICING & CRIME REDUCTION Community policing requires the active building of positive relation- ships with members of the community. Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem -solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime." Over the past few decades, rates of both violent and property crime have dropped dramatically across the United States.' However, some com- munities and segments of the population have not benefited from the decrease as much as othersf and some not at all"Though law enforcement must concentrate their efforts in these neighborhoods to maintain public safet sometimes those specific efforts arouse resentment in the neighborhoods the police are striving to protect. Police interventions must be implemented with strong policies and training in place, rooted in an understanding of procedural justice. Indeed, with- out that, police interventions can easily devolve into racial profiling, excessive use of force, and other practices that disregard civil rights, causing negative reactions from people living in already challenged communities. 71. Community Policing Defined (Wash insnob DC Office of Community Oriented Policing Services, 2014), http://dc-zai-inc.com/Publications/coos-D157-pub.pdf. 72. "Crime Statil for 2013 Released: Decrease in Violent Gimes and Property Crimes,"Federal Bureau of Investigation, last modified November 10, 2014, Lou: //www.fbi.gov/news/stories/2014/november/crime-statistics-for-2013- released/crime-statil for -2013 -released. 73. Listening Session on Community Policing and Gime Reduction: Building Community Policing Organizations (oral testimony of Chns Magnus, chief, Richmond [CA] Police Department, for the President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). Yet mutual trust and cooperation, two key elements of community policing, are vital to protecting residents of these communities from the crime that plagues them. Community policing combines a focus on intervention and prevention through problem solving with building collab- orative partnerships between law enforcement agencies and schools, social services, and other stakeholders. In this way, community policing not only improves public safety but also enhances social connectivity and economic strength, which increases community resilience to crime. And, as noted by one speaker, it improves job satisfaction for line officers, too. In his testimony to the task force, Camden County, New Jersey, Police Chief J. ScottThomson noted that community policing starts on the street corner, with respectful interaction between a police officer and a local resident,a discussion that need not be related to a criminal matter.74In fact, it is important that not all interactions be based on emergency calls or crime investigations. Another aspect of community policing that was discussed in the listening session on this topic is the premise that officers enforce the law with the people notjuston the people. In reflecting this belief, some commented on the negative 74. Listening Session on Community Policing and Crime Reduction: Using Community Policing to Reduce Gime (oral testimony off. ScottThommn, chief, Camden County [NJ] Police Department, forthe President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 41 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING results of zero tolerance policies, which mete out automatic and predetermined actions by officers regardless of extenuating circumstances. Community policing requires the active building of positive relationships with members of the community—on an agency as well as on a per- sonal basis.This can be done through assigning officers to geographic areas on a consistent basis, community i n order to effectively address chronic crime and disorder problems. As Office of Com- munity Oriented Policing Services Director Ronald L. Davis has said, "We need to teach new recruits that law enforcement is more than just cuffing 'perps'—it's understanding why people do what they do"" In summary, law enforcement's obligation is not so that through the continuity of assignment they only to reduce crime but also to do so fairly while have the opportunity to know the members of the community. It can also be aided by the use of programs such as Eagle County, Colorado's Law Enforcement Immigrant Advisory Commit- tee, which the police department formed with Catholic Charities to help the local immigrant community." This type of policing also requires participation in community organizations, local meetings and public service activities. To be most effective, community policing also requires collaborative partnerships with agencies beyond law enforcement, such as Philadelphia's successful Police Diversion Program described by Kevin Bethel, Deputy Commissioner of Patrol Operations in the Philadelphia Police Department in his testimony to the task force.7"This partner- ship with the Philadelphia Department of Human Services, the school district, the District Attorney's office, Family Court, and other stakeholders signifi- cantly reduced the number of arrests of minority youths for minor offenses. Problem solving, another key element of com- munity policing, is critical to prevention. And problems must be solved in partnership with the 75. Listening Session on Community Policing and Crime Reduction: Building Community Policing Organizations (oral testimony of Chns Magnus, chief, Richmond [CA] Police Department, for the President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 76. Listening Session on Community Policing and Crime Reduction: Using Community Policing to Reduce Gime (oral testimony of Kevin Bethel, deputy police commissioner, Philadelphia Police Department, for the President's Task Farce on 21st Century Policing, Phoenix, AZ, February 13, 2015). 42 protecting the rights of citizens. Any prevention strategy that unintentionally violates civil rights, compromises police legitimacy, or undermines trust is counterproductive from both ethical and cost -benefit perspectives. Ignoring these consider- ations can have both financial costs (e.g., lawsuits) and social costs (e.g., loss of public support). It must also be stressed that the absence of crime is not the final goal of lawenforcement. Rather, it is the promotion and protection of public safety while respecting the dignity and rights of all. And public safety and well-being cannot be attained without the community's belief that their well- being is at the heart of all law enforcement activ- ities. It is critical to help community members see police as allies rather than as an occupying force and to work in concert with other community stakeholders to create more economically and socially stable neighborhoods. 4.1 RECOMMENDATION, Law enforcement agencies should develop and adopt policies and strategies that reinforce the importance of community engagement in managing public safety. 77. Faye Elk'ms,"Rue COPSOffice Directors Look Back and Think Forward attire 20th Anniversary Celebration,'Community Poliany Dispatch 8,no. 1 (January 12,2014), htu //mps.usdoygov7htm/dispatch /01-2015/cops office 20th anniversarv.asD. PILLAR 4. COMMUNITY POLICING & CRIME REDUCTION Community policing is not just about the relation- ship between individual officers and individual neighborhood residents. It is also about the rela- tionship between law enforcement leaders and leaders of key institutions in a community, such as churches, businesses, and schools, supporting the community's own process to define prevention and reach goals. Law enforcement agencies cannot ensure the safety of communities alone but should seek to contribute to the strengthening of neighborhood capacity to prevent and reduce crime through informal social control. More than a century of research shows that informal social control is a much more powerful mechanism for crime control and reduction than is formal punishment. And perhaps the best evidence for the preventive power of informal social control may be the millions of unguarded opportunities to commit crime that are passed up each day.' 4. 1.1 ACTION ITEM: Law enforcement agen- cies should consider adopting preferences for seeking "least harm" resolutions, such as diversion programs or warnings and citations in lieu of arrest for minor infractions. 4.2 RECOMMENDATION: Community policing should be infused throughout the culture and organizational structure of law enforcement agencies. Community policing must be a way of doing business by an entire police force, notjust a specialized unit of that force.J9The taskforce heard testimony from Police Chief J. ScottThomson of Camden County, New Jersey, who noted: 78. Lawrence Cohen and Marcus Tolson, "Social Change and Crime Rate Trends: A Routine Activities Approach, American Sociologiml Review44 (August 1979): 588-607. 79. Tracey Meares, "Praying for Community Policing;'Callfomia Law Review 90 (2002):1593-1634,htto://diaitalcommons.law.yale.edu/fss Rapers/518/. Community policing cannot be a program, unit, strategy or tactic. It must be the core principle that lies at the foundation of a police department's culture.The only way to significantly reduce fear, crime, and disorder and then sustain these gains is to leverage the greatest force multiplier: the people of the community.RO This message was closely echoed by Chris Mag- nus, the police chief in Richmond, California.To build a more effective partnership with residents and transform culture within the police depart- ment as well as in the community, the Richmond police made sure that all officers, not just a select few, were doing community policing and neighborhood problem solving. Every officer is expected to get to know the residents, businesses, community groups, churches, and schools on their beat and work with them to identify and address public safety challenges, including quality of life issues such as blight. Officers remain in the same beat ordistrictfor several years or more—which builds familiarity and trust.' Testimony from a number of witnesses also made clear that hiring, training, evaluating, and promot- ing officers based on their ability and track record in community engagement—not just traditional measures of policing such as arrests, tickets, or tactical skills—is an equally important component of the successful infusion of community policing throughout an organization. 80. Listening Session on Community Policing and Crime Reduction: Using Community Policing to Reduce Gime (oral testimony art Scott Thomson, chief, Camden County [NJ] Police Department, forthe President's Task Force on 21 st Century Policing, Phoenix AZ, February 13, 2015). 81. Listening Session on Community Policing and Crime Reduction:Building Community Policing Organizations (oral testimony of Chris Magnus, chief, Richmond [CA] Police Department, for the President's Task Force on 21 st Century Policing, PhoeniX AZ, February 13, 2015). 43 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 4.2.1 ACTION ITEM: Law enforcement agencies should evaluate officers on their efforts to engage members of the community and the partnerships they build. Making this part of the performance evaluation process places an increased value on developing partnerships. 4.2.2 ACTION ITEM: Law enforcement agencies should evaluate their patrol deployment practices to allow sufficient time for patrol officers to participate in problem solving and community engagement activities. 4.2.3 ACTION ITEM: The U.S. Department of Justice and other public and private entities should support research into the factors that have led to dramatic successes in crime reduction in some communities through the infusion of non-discriminatory policing and to determine replicable factors that could be used to guide law enforcement agencies in other communities. 43 RECOMMENDATION: Law enforcement agencies should engage in multidisciplinary, community team approaches for planning, implementing, and responding to crisis situations with complex causal factors. Collaborative approaches that engage profession- als from across systems have emerged as model practices for addressing community problems that are not resolvable by the police alone.These team approaches call upon law enforcement agencies, service providers, and community support networks to work together to provide the right resources for the situation and foster sustain- able change. Multiple witnesses before the task force spoke of departments coordinating mental health response teams that include mental health professionals, social workers, crisis counselors, and 44 other professionals making decisions alongside the police regarding planning, implementing, and responding to mental health crisis situations. But this model is applicable to a number of com- munity problems that regularly involve a police response, including homelessness, substance abuse, domestic violence, human trafficking, and child abuse. Ultimately, the idea is for officers to be trained and equipped to make use of existing community resources in the diffusion of crisis situations. 4.3.1 ACTION ITEM: The U.S. Department of Justice should collaborate with others to develop and disseminate baseline models of this crisis intervention team approach that can be adapted to local contexts. 43.2 ACTION ITEM: Communities should look to involve peer support counselors as part of multidisciplinary teams when appropriate. Persons who have experienced the same trauma can provide both insight to the first responders and immediate support to individuals in crisis. 4.3.3 ACTION ITEM: Communities should be encouraged to evaluate the efficacy of these crisis intervention team approaches and hold agency leaders accountable for outcomes. 4.4 RG COMMENDATION: Communities should support a culture and practice of policing that reflects the values of protection and promotion of the dignity of all, especially the most vulnerable. The task force heard many d ifferent ways of describing a positive culture of policing. David Kennedy suggested there could be a Hippocratic PILLAR 4. COMMUNITY POLICING & CRIME REDUCTION Chief Edward Flynn ofthe Milwaukee Police Department, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE Oath for Policing: First, Do No Harm x2 Law en- forcementofficers'goal should be to avoid use of force if at all possible, even when it is allowed by law and by policy.Terms such as fairand impartial policing, rightful policing, constitutional policing, neighborhood policing, procedural justice, and implicit bias training all address changing the culture of policing. Respectful language, thought- ful and intentional dialogue about the perception and reality of profiling and the mass incarceration of minorities, and consistent involvement, both formal and informal, in community events all help ensure that relationships of trust between police and community will be built.The vision of policing in the 21 st century shou Id be that of officers as guardians of human and constitutional rights. 4.4.1 ACTION ITEM: Because offensive or harsh language can escalate a minor situation, law enforcement agencies should underscore the 82. Listening Session on Community Policing and Crime Reduction: Using Community Policing to Reduce Gime (oral testimony of David Kennedy, professor, John Jay College of Criminal Justice, forthe President's Task Force on 21 st Century Policing, PhoeniX AZ, February 13, 2015). importance of language used and adopt policies directing officers to speak to individuals with respect. 4.4.2 ACTION ITEM: Law enforcement agencies should develop programs that create op- portunities for patrol officers to regularly interact with neighborhood residents, faith leaders, and business leaders. 4.5 RECOMMENDATION: Community policing emphasizes working with neighborhood residents to co -produce public safety. Law enforcement agencies should work with community residents to identify problems and collaborate on implementing solutions that produce meaningful results for the community. As Delores Jones Brown testified,"Neighborhood policing provides an opportunity for police departments to do things with residents in the co -production of public safety ratherthan doing 45 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING things to or for them"" Community policing is not protect itself, be part of solving problems, and just about the behavior and tactics of police; it is also about the civic engagement and capacity of communities to improve their own neighbor- hoods, their quality of life, and their sense of safety and well-being. Members of communities are key partners in creating public safety, so communities and police need mechanisms to engage with each other in consistent and meaningful ways. One model for formalizing this engagement is through a civilian governance system such as is found in Los Angeles. As Chief Charlie Beck explained in testi mony to the task force, The Los Angeles Police Department is formally governed by the Board of Police Commissioners, a five -person civilian body with each member appointed by the mayorThe commission has formal authority to hire the chief of police, to set broad policy for the department, and to hold the LAPD and its chief accountable to the people.° Community policing, therefore, is concerned with changing the way in which citizens respond to police in more constructive and proactive ways. If officers feel unsafe and threatened, their ability to operate in an open and shared dialogue with community is inhibited. On the other hand, the police have the responsibility to understand the culture, history, and quality of life issues of the entire community—youth, elders, faith commu- nities, special populations—and to educate the community, including its children, on the role and function of police and ways the community can 83. Listening Session on Community Policing and Crime Reduction: Community Policing and Crime Prevention Research (oral testimony of Delores Jones Brown, professor, Department of Law, Police Science & Criminal Justice Administration, John Jay College of Criminal Justice, for the President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 84. Listening Session on Policy and Oversight Civilian Oversight (oral testimony of Chad es Beck, chief, Los Angeles Police Department, for the President's Task Force on 21 st Century Policing, Cincinnati, OB, January 30, 2015). 46 prevent crime. Community and police jointly share the responsibility for civil dialogue and interaction. 4.5.1 ACTION ITEM Aawenforcement agen- cies should schedule regular forums and meetings where all community members can interact with police and help influence programs and policy. 4.5.2 ACTION ITEM Aawenforcement agen- cies should engage youth and communities in joint training with law enforcement, citizen academies, ride-alongs, problem solving teams, community action teams, and quality of life teams. 4.5.3 ACTION ITEM- Law enforcement agen- cies should establish formal community/citizen advisory committees to assist in developing crime prevention strategies and agency policies as well as provide input on policing issues. Larger agencies should establish multiple com- mittees to ensure they inform all levels of the organization. The makeup of these committees shou Id reflect the demog raphics of the com mu ni- ty or neighborhood being served. 4.5.4 ACTION ITEM : Law enforcement agen- cies should adopt community policing strategies that support and work in concert with economic development efforts within communities. As several witnesses, including Bill Geller, testified, public safety and the economic health of commu- nities go hand in hand 85 It is therefore important 85. Listening Session on Community Policing and Crime Reduction: Community Policing and Crime Prevention Research (oral testimony of Bill Geller, director, Geller & Associates, for the President's Task Force on 21 st Century Policing, PhoeniX AZ, February 13, 2015). PILLAR 4. COMMUNITY POLICING & CRIME REDUCTION for agencies to work with local, state, and federal partners on projects devoted to enhancing the economic health of the communities in which departments are located. 4.6 RE, COMMENDATION: Communities should adopt policies and programs that address the needs of children and youth most at riskfor crime or violence and reduce aggressive law enforcement tactics that stigmatize youth and marginalize their participation in schools and communities. The past decade has seen an explosion of knowledge about adolescent development and the neurological underpinnings of adolescent behavior. Much has also been learned about the pathways by which adolescents become delinquent, the effectiveness of prevention and treatment programs, and the long-term effects of transferring youths to the adult system and confining them in harsh conditions. These findings have raised doubts about a series of policies and practices of"zero tolerance"that have contributed to increasing the school -to -prison pipeline by criminalizing the behaviors of children as young as kindergarten age. Noncriminal offenses can escalate to criminal charges when officers are nottrained in child and adolescent development and are unable to recognize and manage a child's emotional, intellectual, and physical development issues. School district policies and practices that push students out of schools and into the juvenile justice system cause great harm and do no good. One witness told the task force a stunning story about what happened to him one day when he was a high school freshman: As I walked down the hall, one of the police officers employed in the school noticed I did not have my identification badge with me. Before I could explain why I did not have my badge, I was escorted to the office and suspended for an entire week. I had to leave the school premises immediately. Walking to the bus stop, a different police officer pulled me over and demanded to know why I was not in school. As I tried to explain, I was thrown into the back of the police car. They drove backto my school to see if I was telling thetruth, and I was left waiting in the carfor overtwo hours. When they came back, theytold me I was in fact suspended, but because the school did not provide me with the properforms, my guardian and I both had to pay tickets for me being off of school property. The tickets together were 600 dollars, and I had a court date for each one. Was forgetting my ID worth missing school? Me being kicked out of school did notsolve or help anything.I was at home alone watching Jerry Springer, doing nothing."' 4.6.1 ACTION ITEM: Education and criminal justice agencies at all levels of government should work together to reform policies and procedures that push children into the juvenilejustice system " 86. Listening Session on Community Policing and Crime Prevention (oral testimony of Michael Reynolds forth President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 87. For more information about such policies and procedures, seethe U.S. Department oflusJce's Civil Rights Division and U.S. Department of Education's Office for Civil Rlghts,7oint'Dear Colleague Letter,"last updated February 4, 2014, tt //www2.ed.aov/about/offices/IIst/ocr/letters/colleague-20140Ttltlevl.html. 47 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 4.6.2 ACTION ITEM: In order to keep youth in school and to keep them from criminal and vi- olent behavior, law enforcement agencies should work with schools to encourage the creation of alternatives to student suspensions and expulsion through restorative justice, diversion, counseling, and family interventions. 4.6.3 ACTION ITEM: Law enforcement agen- cies should work with schools to encourage the use of alternative strategies that involve youth in decision making, such as restorative justice, youth courts, and peer interventions. The Federal Government could incentivize schools to adopt this practice by tying federal funding to schools implementing restorative justice practices. 4.6.4 ACTION ITEM: Lawenforcement agencies should work with schools to adopt an instructional approach to discipline that uses interventions or disciplinary consequences to help students develop new behavior skills and positive strategies to avoid conflict, redirect energy, and refocus on learning. 4.6.5 ACTION ITEM: Law enforcement agencies should work with schools to develop and monitor school discipline policies with input and collaboration from school personnel, students, families, and community members.These policies should prohibit the use of corporal punishment and electronic control devices. 48 4.6.6 ACTION ITEM: lawenforcement agencies should work with schools to create a continuum of developmentally appropriate and proportional consequences for addressing ongo- ing and escalating student misbehavior after all appropriate interventions have been attempted. 4.6.7 ACTION ITEM: Law enforcement agencies should work with communities to play a role in programs and procedures to reintegrate juveniles back into their communities as they leave the juvenile justice system. Although this recommendation—and therefore its action itemsspecifically focuses on juveniles, this task force believes that law enforcement agencies should also work with communities to play a role in re-entry programs for adults leaving prisons and jails. 4.6.8 ACTION ITEM: law enforcement agen- cies and schools should establish memoranda of agreement for the placement of School Resource Officers that limit police involvement in student discipline. Such agreements could include provisions for special training for School Resource Officers to help them better understand and deal with issues involving youth. 4.6.9 ACTION ITEM: The Federal Govern- ment should assess and evaluate zero tolerance strategies and examine the role of reasonable discretion when dealing with adolescents in consideration of their stages of maturation or development. PILLAR 4. COMMUNITY POLICING & CRIME REDUCTION Task force executive director Ronald L Davis and m -chairs Laurie Robinson and Charles Ramsey, Washington, D.C., February 23, 2015. PHOTO: DEBORAH SPENCE 4.7 RE, COMMENDATION: Communities need to affirm and recognize the voices of youth in community decision making, facilitate youth -led research and problem solving, and develop and fund youth leadership training and life skills through positive youth/police collaboration and interactions. Youth face unique challenges when encountering the criminal justice system. Law enforcement contacts for apparent infractions create trauma and fear in children and disillusionment in youth, but proactive and positive youth interactions with police create the opportunity for coaching, men- toring, and diversion into constructive alternative activities. Moving testimony from a panel of young people allowed the task force members to hear how officers can lead youth out of the conditions that keep them in the juvenile justice system and into self-awareness and self-help. Phoenix native Jose Gonzales, 21, first went to jail at age nine and had a chaotic childhood, but in turning his life towards a productive and healthy future, he vividly remembers one officer who made a difference: Needless to say, I have had a fair amount of interaction with law enforcement in my youth. Some has been very positive. Like the time that a School Resource Officer got me involved in an after school club. Officer Bill D. helped me stop being a bad kid and assisted with after school activities. He sought me out to be a part of a club that included all sorts of youthathletes, academics—and helped me gain confidence in reaching out to othersocial circles beyond mytroubled community. The important idea I'd like to convey is that approach is everything. 88. Listening Session on Community Policing and Crime Reduction: Youth and Law Enforcement (oral testimony oflose Gonzales forthe President's Task Force on 21 st Century Policing, Phoenix, AZ, February 13, 2015). 49 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 4.7.1 ACTION ITEM: Communities and law enforcement agencies should restore and build trust between youth and police by creating pro- grams and projects for positive, consistent, and persistent interaction between youth and police. so 4.7.2 ACTION ITEM: Communities should develop community- and school-based evidence -based programs that mitigate punitive and authoritarian solutions to teen problems. PILLAR 5. TRAINING & EDUCATION Hiring officers who reflect the community they serve is important not only to external relations but also to increasing understanding within the agency. As our nation becomes more pluralistic and the scope of law enforcement's responsibilities ex- pands, the need for more and better training has become critical. Today's line officers and leaders must meet a wide variety of challenges including international terrorism, evolving technologies, rising immigration, changing laws, new cultural mores, and a growing mental health crisis. All states and territories and the District of Columbia should establish standards for hiring, training, and education. The skills and knowledge required to effectively deal with these issues requires a higher level of education as well as extensive and ongoing train- ing in specific disciplines.The task force discussed these needs in depth, making recommendations for basic recruit and in-service training, as well as leadership development in a wide variety of areas: • Community policing and problem -solving principles • Interpersonal and communication skills • Bias awareness • Scenario -based, situational decision making • Crisis intervention • Procedural justice and impartial policing • Trauma and victim services • Mental health issues • Analytical research and technology • Languages and cultural responsiveness Many who spoke before the task force recom- mended that law enforcement partner with academic institutions, organizations such as the International Association of Chiefs of Police (IACP), the Major Cities Chiefs Association (MCCA), the National Organization of Black Law Enforcement Executives (NOBLE), and the Police Executive Research Forum (PERF); and other sources of appropriate training. Establishing fellowships and exchange programs with other agencies was also suggested. Other witnesses spoke about the police edu- cation now offered by universities, noting that undergraduate criminal justice and criminology programs provide a serviceable foundation but that short courses of mixed quality and even some graduate university degree programs do not come close to addressing the needs of 21 st-century law enforcement. In addition to discussion of training programs and educational expectations, witnesses at the listening session made clear that new approaches to recruitment, hiring, evaluation, and promotion are also essential to developing a more highly educated workforce with the character traits and social skills that enable effective policing and positive community relationships. To build a police force capable of dealing with the complexity of the 21 st century, it is imperative that agencies place value on both educational achievements and socialization skills when making hiring decisions. Hiring officers who reflect the 51 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING To be effective in an ever-changing world, training must continue throughout an officer's career community they serve is also important not only to external relations but also to increasing under- standing within the agency. On the other hand, taskforce member Constance Rice described the best line officer she knewWhite, but better at fringes.90 Ronal Serpas recommended training on the effects of violence not only on the community and individual victims but also on police officers themselves, noting that exposure to violence can make individuals more prone to violent behavior.91 relating to the African-American community than And witnesses Bruce Lipman and David Friedman his Black colleagues. Her recommendation was to both spoke about providing officers with historical lookfor the character traits that support fairness, compassion, and cultural sensitivity.&9 The need for understanding, tolerance, and sensitivity to African Americans, Latinos, recent immigrants, Muslims, and the LGBTQ community was discussed at length at the listening session, with witnesses giving examples of unacceptable behavior in law enforcement's dealings with all of these groups. Participants also discussed the need to move towards practices that respect all members of the community equally and away from policing tactics that can unintentionally lead to excessive enforcement against minorities. Witnesses noted that officers need to develop the skills and knowledge necessary in the fig ht against terrorism by gaining an understanding of the links between normal criminal activity and terrorism, for example. What is more, this training must be ongoing, as threats and procedures for combat- ting terrorism evolve. The need for realistic, scenario -based training to better manage interactions and minimize using force was discussed by a number of witnesses. Others focused more on content than delivery: Dennis Rosenbaum suggested putting proce- dural justice at the center of training, not on the 89. Listening Session entraining and Education(Constance Rice,taskforce member, forthe President's Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015). 52 perspectives of policing to provide context as to why some communities have negative feelings toward the police and improve understanding of the role of the police in a democratic society.92 Though today's law enforcement professionals are highly trained and highly skilled operationally, they must develop specialized knowledge and un- derstanding that enable fair and procedurally just policing and allow them to meet a wide variety of new challenges and expectations. Tactical skills are important, but attitude, tolerance, and inter- personal skills are equally so. And to be effective in an ever-changing world, training must continue throughout an office's career. The goal is not only effective, efficient policing but also procedural justice and fairness. Following are the task force's recommendations for implement- ing career -long education and training practices for law enforcement in the 21 st century. 90. Listening Session on Community Policing and Crime Reduction: Community Policing and Crime Prevention Research (oral testimony of Dennis Rosenbaum, professor, University of Illinois at Chicago, for the President's Task Force on 21st Century Policing, Phoenix AZ, February 13, 2015). 91. Listening Session entraining and Education: Special Training on Building Trust (oral testimony of Ronal Scripts, advisory board member, Cure Violence Chicago, for the President's Task Force on 21 st Century Policing, Phoenix, AZ, February 14, 2015). 92. Listening Session on Training and Education: Special Training on Building Trust (oral testimony of Dadd C. Friedman, director of National Lam Enforcement Initiatives, AntDefamadon League, forthe President'sTask Force on 21 st Century Policing, Phoenix, AZ, February 14,2015); listening Session on Training and Education: Special Training on Building Trust (oral testimony of Bruce Lipman, Procedural JusticeTraining, for the President's Task Force on 21st Century Policing, Phoena, AZ, February 14, 2015). PILLAR 5. TRAINING & EDUCATION Taskforce mernbers-lose Lopez and Brittany Packnett listen totestimony, Phoenix, February 14, 2015. PHOTO :DEBORAH SPENCE 5.1 RE, COMMENDATION: The Federal Government should support the development of partnerships with training facilities across the country to promote consistent standards for high quality training and establish training innovation hubs. A starting point for changing the culture of polic- ing is to change the culture of training academies. The designation of certain training academies as federally supported regional "training innovation hubs"could act as leverage points for changing training culture while taking into consideration regional variations. Federal funding would be a powerful incentive to these designated academies to conduct the necessary research to develop and implement the highest quality curricula focused on the needs of 21 st century American policing, along with cutting-edge delivery modalities. 5.1.1 ACTION ITEM: The training innovation hubs should develop replicable model programs that use adult -based learning and scenario -based training in a training environment modeled less like boot camp.Through these programs the hubs would influence nationwide curricula, as well as instructional methodology. 5.1.2 ACTION ITEM: The training innovation hubs should establish partnerships with academic institutions to develop rigorous training practices, evaluation, and the development of curricula based on evidence -based practices. 5.1.3 ACTION ITEM: The Department of Justice should build a stronger relationship with the International Association of Directors of law 53 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Enforcement (IADLEST) in order to leverage their network with state boards and commissions of Peace Officer Standards and Training (POST). The POSTS are critical to the development and implementation of statewide training standards and the certification of instructors and training courses, as well as integral to facilitating commu- nication, coordination, and influence with the more than 650 police academies across the nation. This relationship would also serve as a pipeline for disseminating information and creating discussion around best practices. 5.2 RECOMMENDATION: Lawenforcement agencies should engage community members in the training process. Not only can agencies make important contri- butions to the design and implementation of training that reflects the needs and character of their communities but it is also important for po- lice training to be as transparent as possible.This will result in both a better informed public and a better informed officer. Where appropriate and through managed pro- grams, the community would learn about and evaluate the existing training within departments, provide input into shaping that some training content and delivery, in some cases, participate in training alongside officers. 5.2.1 ACTION ITEM: The U.S. Department of Justice should conduct research to develop and disseminate a toolkit on how law enforcement agencies and training programs can integrate community members into this training process. 54 53 RECOMMENDATION: Law enforcement agencies should provide leadership training to all personnel throughout their careers. Standards and programs need to be established for every level of leadership from the first line to middle management to executive leadership. If there is good leadership and procedural justice within the agency, the officers are more likely to behave according to those standards in the com- munity. As Chief Edward Flynn of the Milwaukee Police Department noted, "Flexible, dynamic, in- sightful, ethical leaders are needed to develop the informal social control and social capital required for a civil society to flourish"93 One example of leadership training is Leading Police Organizations, a program developed by the IACP and modeled after the West Point Leadership Program, which offers training for all levels of agency manage- ment in programs based on a behavioral science approach to leading people groups, change, and organizations, focusing on the concept of"every officer leader'. 5.3.1 ACTION ITEM: Recognizing that strong, capable leadership is required to create cultural transformation, the U.S. Department of Justice should invest in developing learning goals and model curricula/training for each level of leadership. This training should focus on organizational procedural justice, community policing, police accountability, teaching, coaching, mentoring, and communicating with the media and the public. Chief Kim Jacobs noted this in her testimony discussing current issues with training on review- ing investigations of police actions and prepare comprehensive reports for all stakeholders, 93. Listening Session on Training and Education( oral testimony of Edward Flynn, chief, Milwaukee Police Department, for the President's Task Force on 21st Century Policing, PhoeniX AZ, February 14, 2015). PILLAR 5. TRAINING & EDUCATION including the media and citizens.94These standards engage law enforcement and professionals should also influence requirements for promotion from multiple disciplines to collaboratively and continuing/ongoing education should also be identify and protect drug endangered children required to maintain leadership positions. 5.3.2 ACTION ITEM: The Federal Govern- ment should encourage and support partnerships between law enforcement and academic institutions to support a culture that values ongoing education and the integration of current research into the development of training, policies, and practices. 5.3.3 ACTION ITEM: The U.S. Department of Justice should support and encourage cross -discipline leadership training. This can be within the criminal justice system but also across governments, nonprofits, and the private sector, including social services, legal aid, businesses, community corrections, education, the courts, mental health organizations, civic and religious organizations, and others. When people come together from different disciplines and backgrounds, there is a cross-fertilization of ideas that often leads to better solutions. Furthermore, by interacting with a more diverse group of pro- fessionals, police can establish a valuable network of contacts whose knowledge and skills differ from but complement their own This opportunity does exist for front-line staff on a variety of specialized topics but also needs to happen at decision/policy maker levels. For example, the National Alliance for Drug Endangered Children is an especially appropriate model for the value of cross -discipline training. Their written testimony to the task force explains howtheirtraining approach focuses on the formation of community partnerships that 94. Listening Session entraining and Education(oral testimonyof Kim Jacobs, chief, Columbus [01T Division of Police, for the Resident's Task Force on 21 st Century Policing, Phoenix, AZ, February 14, 2015). and their families 95 5.4 RECOMMENDATION: The U.S. Department of Justice should develop, in partnership with institutions of higher education, a national postgraduate institute of policing for senior executives with a standardized curriculum preparing them to lead agencies in the 21 st century. To advance American law enforcement, we must advance its Ieadership.To that end, the task force recommends the establishment of a top quality graduate institute of policing to provide ongo- ing leadership training, education, and research programs which will enhance the quality of law enforcement culture, knowledge, skills, practices and policies. Modeled after the Naval Postgrad- uate School in Monterey, California, this institute will be staffed with subject matter experts and instructors drawn from the nation's top educa- tional institutions, who will focus on the real world problems that challenge today's and tomorrow's law enforcement, teaching practical skills and pro- viding the most current information for improving policing services throughout the nation.This institute could even, as witness Lawrence Sher - ma n proposed,"ad mit qualified applicants to a three-month residential course for potential police executives, concluding in an assessment center and examination that wouId certify qualified grad- uates to serve as chief police executives anywhere in the United States" 95. Listening Session on Training and Education(written testimony of the National Alliance for Doug Endangered Children forthe President's Task Force on 21st Century Policing, Phoenix, AZ, February 14, 2015). 96. Listening Session on The Future of Community Policing (oral testimony of Lawrence Sherman, Wolfson Professor of Criminology, University of Cambridge, and Distinguished University Professor, University of Maryland, forthe President's Task Farce on 21 st Century Policing, Washington, DC, February 24, 2015). 55 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 5.5 RECOMMENDATION: The U.S. Department of Justice should instruct the Federal Bureau of Investigation to modify the curriculum of the National Academy at Quantico to include prominent coverage of the topical areas addressed in this report. In addition, the COPS Office and the Office of Justice Programs should work with law enforcement professional organizations to encourage modification of their curricula in a similar fashion" The Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs (OJ P) should work with the law enforce- ment professional organizations to encourage modification of their cu rricula—for exam ple, the Senior Management Institute for Police run by PERF and the Police Executive Leadership Institute managed by the Major Cities Chiefs Association. 5.6 RECOMMENDATION: POSTs should make Crisis Intervention Training (CIT) a part of both basic recruit and in-service officer training. Crisis intervention training (CIT) was developed in Memphis, Tennessee, in 1988 and has been shown to improve police abilityto recognize symptoms of a mental health crisis, enhance their confidence in addressing such an emergency, and reduce inaccurate beliefs about mental illness.98 It has 97. Listening Session on Training and Education: Supervisory, Leadership and Management T wring (oral testimony of Kimberly Jacobs, chief, Columbus [OH] Division of Police, forth e Resident's Task Force on 21 st Century Policing, Phoenix, Al, February 14, 2015); Listening Session on Training and Education (e-mail of Annie McKee, senior fellow, University of Pennsylvania, for the President's Task Force on 21st Century Policing, Phoenix AZ, February 13-14, 2015); Listening Session on Training and Education (wroen testimony of Anthony Braga or al. for the President's Task Force on 21 st Century Policing, Phoenix, Al, February 13-14, 2015). 98. Natal le Sonfine, Christian R lttey and Mark R. Munetz, 'To i ice Officer Perceptions of the Impact of Crisis Intervention Team (CIT) Programs,"Intematlonal Journal of Law and Psy6vtry 37, no.4 (July—August 2014):341-350, d o 1:10.1016 /j. ij I p. 2014.02.004. 56 been found that after completing CIT orientation, officers felt encouraged to interact with people suffering a mental health crisis and to delay their "rush to resolution"99 Dr. Randolph Dupont, Chair of the Department of Criminology and Criminal Justice at the University of Memphis, spoke to the task force about the effectiveness of the Memphis Crisis Intervention Team (CIT), which stresses verbal intervention and other de-escalation techniques. Noting that empathy training is an important component, Dr. Dupont said the Memphis CIT includes personal interaction between officers and individuals with mental health problems. Officers who had contact with these individuals felt more comfortable with them, and hospital mental health staff who participated with the officers had more positive views of law enforcement. CIT also provides a unique opportunityto develop cross -disciplinary training and partnerships. 5.6.1 ACTION ITEM: Because of the impor- tance of this issue, Congress should appropriate funds to help support law enforcement crisis intervention training. 5.7 RECOMMENDATION: POSTs should ensure that basic officer training includes lessons to improve social interaction as well as tactical skills. These include topics such as critical thinking, social intelligence, implicit bias, fair and impartial policing, historical trauma, and other topics that address capacity to build trust and legitimacy in diverse communities and offer better skills for gaining compliance without the use of physical 99. Kelly E. Canada, Beth Angell, and Amy C.Watson,"Crisis lnterventionTeams in Chicago: Successes on the Ground;'Journal of Police Crisis Negotiations 10, no. 1-2 (2010),86-100,doi:10.1080/15332581003792070. PILLAR 5. TRAINING & EDUCATION Task force member Bryan Stevenson asks a panelist a question, Phoenix, February 13, 2015. force. Basic recruit training must also include tacti- cal and operations training on lethal and nonlethal use of force with an emphasis on de-escalation and tactical retreat skills. 5.8 RE, COMMENDATION: POSTS should ensure that basic recruit and in-service officer training include curriculum on the disease of addiction. It is important that officers be able to recognize the signs of addiction and respond accordingly when they are interacting with people who may be impaired as a result of their addiction. Science has demonstrated that addiction is a disease of the braina disease that can be prevented and treated and from which people can recover. PHOTO: DEBORAH SPENCE The growing understanding of this science has led to a number of law enforcement agencies equipping officers with overdose -reversal drugs such as naloxone and the passage of legislation in many states that shield any person from civil and criminal liability if they administer naloxone. The Obama Administration's drug policy reflects this understanding and emphasizes access to treatment over incarceration, pursuing "smart on crime"rather than "tough on crime` approaches to drug-related offenses, a nd support for early health interventions designed to break the cycle of drug use, crime, incarceration, and re-arrest.10° And the relationship between incarceration and addiction is a significant one. A 2004survey by the U.S. 100. ADrug Policy for cuts lstCentury, July2074, accessed February 27,2015, htip//mw.whitehouse.gov/ondcp/dmgpolicyRfor . 57 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Department of Justice estimated that about 70 percent of state and 64 percent of federal prison- ers regularly used drugs prior to incarceration.101 5.9 RE, COMMENDATION: POSTS should ensure both basic recruit and in-service training incorporates content around recognizing and confronting implicit bias and cultural responsiveness. As the nation becomes more diverse, it will become increasingly important that police officers be sensitive to and tolerant of differences. It is vital that law enforcement provide training that recognizes the unique needs and characteristics of minority communities, whether they are victims or witnesses of crimes, subjects of stops, or criminal suspects. Keeshan Harley, a young Black ma n, testified that he estimates that he's been stopped and frisked more than 100 times and that he felt that the problem is notjust a few individual bad apples, but the systemic way policing treats certain communities—including low-income and young people, African Americans, LGBTQ people, the homeless, immigrants, and people with psychiatric disabilities. In so doing, police have produced communities of alienation and resentment.10' He is arguably not alone in his opinions, given that 101. C. Imola andJC. Karberg, Drug Use and Dependence, State and Federal Prisoners, 2004 (Washington, DC US Department of Justice, Office of Justice Programs, Bureau of lustice Statistiq 2007),hup//mw.bs.gov/content/Dub( pdf/dudsfbG4.pdf. 102. Listening Session on Training and Education: Voices in the Community (oral testimony of Keeshan Harley, member, Communities United for Police Reform, forthe President's Task Force on 21 st Century Policing, Phoenix, AZ, February 14,2015);seealm Tray L Meares, 'Programming Errors Understanding the Constitutionality ofStop-and-Frlskasa Program, Not Incidentt, University of Chicago Law Review (forthcoming). 58 research has shown that"of those involved in traf- fic and street stops, a smaller percentage of Blacks than Whites believed the police behaved properly during the stop"103 And in a 2012 survey of LGBTQ/HIV contact with police, 25 percent of respondents with any recent police contact reported at least one type of misconduct or harassment, such as being accused of an offense they did not commit, verbal assault, being arrested for an offense they did not com mit, sexual harassment, physical assault, or sexual assault.101 5.9.1 ACTION ITEM: LBW enforcement agencies should implement ongoing, top down training for all officers in cultural diversity and related topics that can build trust and legitimacy in diverse communities. This should be accom- plished with the assistance of advocacy groups that represent the viewpoints of communities that have traditionally had adversarial relationships with law enforcement. 5.9.2 ACTION ITEM: Lawenforcement agen- cies should implement training for officers that covers policies for interactions with the LGBTQ population, including issues such as determining gender identity for arrest placement, the Muslim, Arab, and South Asian communities, and immi- grant or non-English speaking groups, as well as reinforcing policies for the prevention of sexual misconduct and harassment. 103. Langton and Dumse, Trafficand Street Stops, 2011 (seenote42). 104. Listening Session on Policy and Oversight(written testimonyof Lambda Legal forthe President's Task Force on 21 st Century Policing, Cincinnati, OH, January 30-31, 2015); Lambda Legal, Protected and Served? Survey of LGB7/HIV Contact with Polio; Courts, Prisons, and Security, 2014, accessed February 28, 2015, l tt : www.lambdalegal.o[g/protected-and served. PILLAR 5. TRAINING & EDUCATION Table 3. College degree requirements for full-time instructors in state and local law enforce- ment training academies, by type of operating agency, 2006 Primary operating agency Total percentage of acad- emieswith a minimum Percentage of academies Percent of academies requiring a 4 -year degree requiring a 2 -year degree Source Brian A. Reaves, Stare and Local Law En(orcemenr Training Academies, 2006, Special Report (Washing [on, OC Bureau of luslice 5[alislics, 2009), hero //www.bis.00v/conlen Uoub/odl/sllela06.udi. 5.10 RECOMMENDATION: POSTs should require both basic recruit and in-service training on policing in a democratic society. Police officers are g ranted a great deal of authority, and it is therefore important that they receive train- ing on the constitutional basis of and the proper use of that power and authority. Particular focus should be placed on ensuring that Terry stops10' are conducted within constitutional guidelines. 5.11 RECOMMENDATION: The Federal Government, as well as state and local agencies, should encourage and incentivize higher education for law enforcement officers. While many believe that a higher level of re- quired education could raise the quality of officer performance, law enforcement also benefits from a diverse range of officers who bring their cul- tures, languages, and life experiences to policing. 105. Terry v. Ohio, 392 U.S. 1 (1968). Offering entry level opportunities to recruits without a college degree can be combined with the provision of means to obtain higher education throughout their career, thereby ensuring the benefits of diverse staff with a well-educated police force and an active learning culture. Current student loan programs allow repayment based on income, and some already provide tuition debt forgiveness after 120 months of service in the government or nonprofit sector. 5.11.1 ACTION ITEM: The Federal Gov- ernment should create a loan repayment and forgiveness incentive program specifically for policing. This could be modeled on similar programs that already exist for government service and other fields or the reinstitution of funding for programs such as the 1960s and 70s Law Enforcement Education Program. 59 educational requirement that included a college degree All types 19 11 8 State Peace Officer Standards 13 13 0 andTraining State police 11 7 5 Sheriff's office 2 0 2 County police 5 0 5 Municipal police 7 4 3 College/university 35 22 13 Multiagency 15 2 13 Othertypes 8 8 0 Source Brian A. Reaves, Stare and Local Law En(orcemenr Training Academies, 2006, Special Report (Washing [on, OC Bureau of luslice 5[alislics, 2009), hero //www.bis.00v/conlen Uoub/odl/sllela06.udi. 5.10 RECOMMENDATION: POSTs should require both basic recruit and in-service training on policing in a democratic society. Police officers are g ranted a great deal of authority, and it is therefore important that they receive train- ing on the constitutional basis of and the proper use of that power and authority. Particular focus should be placed on ensuring that Terry stops10' are conducted within constitutional guidelines. 5.11 RECOMMENDATION: The Federal Government, as well as state and local agencies, should encourage and incentivize higher education for law enforcement officers. While many believe that a higher level of re- quired education could raise the quality of officer performance, law enforcement also benefits from a diverse range of officers who bring their cul- tures, languages, and life experiences to policing. 105. Terry v. Ohio, 392 U.S. 1 (1968). Offering entry level opportunities to recruits without a college degree can be combined with the provision of means to obtain higher education throughout their career, thereby ensuring the benefits of diverse staff with a well-educated police force and an active learning culture. Current student loan programs allow repayment based on income, and some already provide tuition debt forgiveness after 120 months of service in the government or nonprofit sector. 5.11.1 ACTION ITEM: The Federal Gov- ernment should create a loan repayment and forgiveness incentive program specifically for policing. This could be modeled on similar programs that already exist for government service and other fields or the reinstitution of funding for programs such as the 1960s and 70s Law Enforcement Education Program. 59 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 5.12 RECOMMENDATION: The Federal Government should support research into the development of technology that enhances scenario -based training, social interaction skills, and enables the dissemination of interactive distance learning for law enforcement. This will lead to new modalities that enhance the effectiveness of the learning experience, reduce instructional costs, and ensure the broad dissem- ination of training through platforms that do not require time away from agencies. This would be especially helpful for smaller and more rural departments who cannot spare the time for their officers to participate in residential/ in-person training programs. Present day technologies should also be employed more often—web-based learning, behavior evaluations through body worn camera videos, software pro- grams for independent learning, scenario -based instruction through videos, and other methods. This can also increase access to evidence -based research and other sources of knowledge. 60 5.13 RECOMMENDATION: The U.S. Department of Justice should support the development and implementation of improved Field Training Officer programs. This is critical in terms of changing officer culture. Field Training Officers impart the organizational culture to the newest members.The most com- mon current program, known as the San Jose Model, is more than 40 years old and is not based on current research knowledge of adult learning modalities. I n many ways it even conflicts with innovative training strategies that encourage problem -based learning and support organiza- tional procedural justice. 5.13.1 ACTION ITEM: The U.S. Department of Justice should support the development of broad Field Training Program standards and training strategies that address changing police culture and organizational procedural justice issues that agencies can adopt and customize to local needs. A potential model for this is the Police Training Officer program developed by the COPS Office in collaboration with PERF and the Reno (Nevada) Police Department.This problem -based learning strategy used adult learning theory and problem solving tools to encourage new officers to think with a proactive mindset, enabling the identification of and solution to problems within their communities. 5.13.2 ACTION ITEM: The U.S. Department of Justice should providefunding to incentivize agencies to update their Field Training Programs in accordance with the new standards. PILLAR 6. OFFICER WELLNESS & SAFETY The wellness and safety of law enforcement officers is critical not only to themselves, their colleagues, and their agencies but also to public safety. Most law enforcement officers wa Ik into risky situations and encounter tragedy on a regular basis. Some, such as the police who responded to the carnage of Sandy Hook Elementary School, witness horror that stays with them for the rest of their lives. Others are physically injured in carrying out their du- ties, sometimes needlessly, through mistakes made in high stress situations.The recent notable deaths of officers are stark reminders of the riskofficers face. As a result, physical, mental, and emotional injuries plague many law enforcement agencies. However, a large proportion of officer injuries and deaths are not the result of interaction with crim- inal offenders but the outcome of poor physical health due to poor nutrition, lack of exercise, sleep deprivation, and substance abuse. Yet these caus- es are often overlooked or given scant attention. Many other injuries and fatalities are the result of vehicular accidents. The wellness and safety of law enforcement officers is critical not only to themselves, their colleagues, and their agencies but also to public safety. An officer whose capabilities, judg ment, and behavior are adversely affected by poor physical or psychological health not only may be of little use to the community he or she serves but also may be a danger to the community and to other officers. As task force memberTracey Meares observed, "Hurt people can hurt people"10fi 106. Listening Session on Officer Safety and Wellness(_comment offracey Meares, task force member, for the President's Task Force on 21 st Century Policing, Washington, DC, February 23, 2015). Commenting on the irony of law enforcement's lack of services and practices to support wellness and safety, Dr. Laurence Miller observed in his testimony that supervisors would not allow an of- ficerto go on patrol with a deficiently maintained vehicle, an un -serviced duty weapon, or a mal- functioning radio—but pay little attention to the maintenance of what is all officers'mostvaluable resource: their brains.10J Officer suicide is also a problem: a national study using data of the National Occupational Mortality Surveillance found that police died from suicide 2.4 times as often as from homicides. And though depression resulting from traumatic experiences is often the cause, routine work and life stress- ors—serving hostile communities, working long shifts, lack of family or departmental support—are frequent motivators too. In this pillar, the task force focused on many of the issues that impact and are impacted by officer wellness and safety, focusing on strategies in several areas: physical, mental, and emotional health; vehicular accidents; officer suicide; shoot- ings and assaults, and the partnerships with social services, unions, and other organizations that can support solutions. 107. Listening Session on Officer Safety and WeI Iness (ora I testimony of Laurence Miller, psychologist, for the President's Task Force on 21st Century Policing, Washington, DC, February 23, 2015). 61 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Physical injuries and death in the line of duty, while declining, are still too high. According to estimates of U.S. Bureau of Labor Statistics, more than 100,000 law enforcement professionals are injured in the line of duty each year. Many are the result of assaults, which underscores the need for body armor, but most are due to vehicular accidents. To protect against assaults, Orange County (Flori- da) Sheriff Jerry Demings talked about immersing newofficers in simulation training that realistically depicts what they are going to face in the real world. "I subscribe to an edict that there is no sub- stitute for training and experience ... deaths and injuries can be prevented through training that is both realistic and repetitive"108 But to design effective training first requires col- lecting substantially more information about the nature of inju ries sustained by officers on the job. Dr. Alexander Eastman's testimony noted that the field of emergency medicine involves the analysis of vast amounts of data with regard to injuries in order to improve prevention as well as treatment. In order to make the job of policing more safe, a nationwide repositoryfor [law enforcement officer] injuries sustained is desperately needed. A robust database of this nature, analyzed by medical providers and scientists involved in law enforcement, would allow for recommendations in tactics, training, equipment, medical care and even policies/procedures that are grounded in that interface between scientific evidence, best medical practice, and sound policing.10 108. Listen ng Session on Officer Safety and Wellness Officer Safety (ora l testimony of Jerry Dem Ings, sheriff, Orange County, Ft for the President's Task Force on 21st Century Policing, Washington, DC, February 23, 2015). 109. Listen ng Session on Officer Safety and Wellness Officer Safety (ora l testimony of Dr. Alexander Eastman, lieutenant and deputy medical director, Dallas Police Department, forthe President's Task Force on 21st Century Policing, Washington, DC, February 23, 2015). 62 Poor nutrition and fitness are also serious threats, as is sleep deprivation. Many errors in judgment can be traced to fatigue, which also makes it harder to connect with people and control emotions. But ad- ministrative changes such as reducing work shifts can improve office's feelings ofwell being, and the implementation of mental health strategies can lessen the impact of the stress and trauma. However, the most important factor to consid- er when discussing wellness and safety is the culture of law enforcement, which needs to be transformed. Support for wellness and safety should permeate all practices and be expressed through changes in procedures, requirements, attitudes, and behaviors. An agency work envi- ron ment in which officers do not feel they are respected, supported, or treated fairly is one of the most common sources of stress. And research indicates that officers who feel respected by their supervisors are more likely to accept and volun- tarily comply with departmental policies.This transformation should also overturn the tradition of silence on psychological problems, encourag- ing officers to seek help without concern about negative consequences. Partnerships are another crucial element. An agen- cy cannot successfully tackle these issues without partners such as industrial hygienists, chaplains, unions, and mental health providers. But no program can succeed without buy -in from agency leadership as well as the rankand file. The"bulletproof cop"does not exist. The officers who protect us must also be protected—against incapacitating physical, mental, and emotional health problems as well as against the hazards of theirjob.Their wellness and safety are crucial for them, their colleagues, and their agencies, as well as the well-being of the communities they serve. PILLAR 6. OFFICER WELLNESS & SAFETY Elliot Cohen of the Maryland State Police speaks about technology usage while Machu Grewal of the Constitution Project waits her turn to testify, Cincinnati, January 31, 2015. PHOTO: DEBORAH SPENCE 6.1 RE, COMMENDATION: The U.S. Department of Justice should enhance and further promote its multi -faceted officer safety and wellness initiative. As noted by all taskforce members during the lis- tening session, officer wellness and safety supports public safety. Officers who are mentally or physically incapacitated cannot serve their communities adequately and can be a danger to the people they serve, to their fel low officers, and to themselves. 6.1.1 ACTION ITEM: Congress should estab- lish and fund a national "Blue Alert" warning system Leveraging the current Amber Alert program used to locate abducted children, the Blue Alert would enlist the help of the public in finding suspects after law enforcement officer is killed in the line of duty. Some similar state systems do exist, but there are large gaps, a national system is needed. In addition to aiding the apprehension of suspects, it would send a message about the importance of protecting law enforcement from undue harm. 6.1.2 ACTION ITEM: The U.S. Department of Justice, in partnership with the U.S. Department of Health and Human Services, should establish a task force to study mental health issues unique to officers and recommend tailored treatments. Law enforcement officers are subject to more stress than the general population owing to the nature of their jobs. In addition to working with difficult—even hostileindividuals, responding to tragic events, and sometimes coming under fire themselves, they suffer from the effects of everyday stressors—the most acute of which often come from their agencies, because of confusing messages or non -supportive management, and their families, who do not fu I ly a nde rsta nd the pressu res the offi- cers face on the job. And as witness Laurence Miller said,"When both work and family relations fray, the individual's coping abilities can be stretched to the limit, resulting in alcohol abuse, domestic violence, overaggressive policing, even suicide"10 110. Listening Session on Officer Safety andWellness(oral testimony of Laurence Miller, psychologist, for the President's Task Force on 21 st Century Policing, Washington, DC, February 23, 2015). 63 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING To add to the problems of those suffering from psychological distress, law enforcement culture has not historically supported efforts to treat or even acknowledged mental health problems, which are usually seen as a sign of"weakness" The challenges and treatments of mental health issues should therefore be viewed within the context of law enforcement's unique culture and working environment. This taskforce should also lookto establish a na- tional toll-free mental health hotline specifically for police officers. This would be a fast, easy, and confi- dential way for officers to get advice whenever they needed to; and because they would be anonymous, officers would be more likely to take advantage of this resource. Since nobody understands the chal- lenges an officer faces like another officer, it should be peer driven—anonymously connecting callers to officers who are not in the same agency and who could refer the caller to professional help if needed. An advisory board should be formed to guide the creation of this hotline service. 6.1.3 ACTION ITEM: The Federal Govern- ment should support the continuing research into the efficacy of an annual mental health checkfor officers, as well as fitness, resilience, and nutrition. Currently, most mental health checks are ordered as interventions for anger management or sub- stance abuse and are ordered reactively after an incident. Mental health checks need to be more frequent to prevent problems. Because officers are exposed to a wide range of stressors on a continu- ous basis as part of their daily routines, mental and physical health check-ups should be conducted on an ongoing basis. Furthermore, officer nutrition and fitness issues change with time, varying wide- ly from those of the new academy graduate 64 to those of the veteran who has spent the last five years sitting in a squad car. Many health prob- lems—notably cardiac issues—are cumulative. 6.1.4 ACTION ITEM: Pension plans should recognize fitness for duty examinations as definitive evidence of valid duty or non -duty related disability. Officers who have been injured in the line of duty can exist in limbo, without pay, unable to work but also unable to get benefits because the"fitness for duty"examinations given bytheir agencies are not recognized as valid proof of disability. And since officers, as public servants, cannot receive social security, they can end up in a precarious financial state. 6.1.5 ACTION ITEM: Public Safety Officer Benefits (PSOB) should be provided to survivors of officers killed while working, regardless of wheth- er the officer used safety equipment (seatbelt or anti -ballistic vest) or if officer death was the result of suicide attributed to a current diagnosis of duty -related mental illness, including but not limited to post-traumatic stress disorder (PTSD). Families should not be penalized because an offi- cer died in the line of duty but was not wearing a seat belt or body armor.Though these precautions are very important and strongly encouraged, there are occasions when officers ca n be more effective without them."' A couple of situations were mentioned by task force member Sean Smoot, who described the efforts of an officer who took off his seat belt to tend to the injuries of a victim in the back of the car as his partner sped to the hospital. Another 111. Listening Session on Officer Safety and Wel mess. Voices from the Field (ora I testimony ofWlliam Johnson, executive director, National Association of Police Organizations, for the President's Task Force on 21st Century Policing, Washington, DC, February 23, 2015). PILLAR 6. OFFICER WELLNESS & SAFETY scenario he mentioned was the rescue of a drown- Though legislation and funding from the Federal ing woman by an officer who shed his heavy Government is necessary in some cases, most of body armor to go into the water. Charles Ramsey, the policies, programs, and practices recommended taskforce co-chair, also noted that these types of situations could be further mitigated by the invention of seatbelts that officers could quickly release without getting tangled on their belts, badges, and radios, as well as body armor that is lighter and more comfortable. 6.2 RECOMMENDATION: Law enforcement agencies should promote safety and wellness at every level of the organization. Safety and wellness issues affect a 11 law en- forcement professionals, regardless of their management status, duty, or tenure. Moreover, line officers are more likely to adopt procedures or change practices if they are advised to do so by managers who also model the behavior they encourage. According to witness David Orr, buy -in from the leaders as well as the rankand file is essential to the success of any program.". 6.2.1 ACTION ITEM: Though the Fed- eral Government can support many of the programs and best practices identified by the U.S. Department of Justice initiative described in recommendation 6.1, the ultimate responsibility lies with each agency. 112. Listening Session on Officer Safety and Wellness(oral testimony of David Or, sergeant, Norwalk [CT] Police Department, to the President's Task Face on 21 st Century Policing, Washington, DC, February 23, 2015). bythetaskforce can and should be implemented atthe local level. It is understood, however, that there are no"one size fits all"solutions and that implementation will vary according to agency size, location, resources, and other factors. 6.3 RE, COMMENDATION: The U.S. Department of Justice should encourage and assist departments in the implementation of scientifically supported shift lengths by law enforcement. It has been established by significant bodies of research that long shifts can not only cause fa- tigue, stress, and decreased ability to concentrate but also lead to other more serious consequenc- es."' Fatigue and stress undermine not only the immune system but also the ability to work at full capacity, make decisions, and maintain emotional equilibrium. Though long shifts are understand- able in the case of emergencies, as a standard practice they can lead to poor morale, poor job performance, irritability, and errors in judgment that can have serious, even deadly, consequences. 6.3.1 ACTION ITEM: The U.S. Department of Justice should fund additional research into the efficacy of limiting the total number of hours an officer should work within a 24 -48-hour period, including special findings on the maximum num- ber of hours an officer should work in a high risk or high stress environment (e.g., public demon- strations or emergency situations). 113. Bryan Vila,TiredCops: lhelmportanceofManaging Policeldtigue, (Washington, DC: Police Executive Research Forum, 2000); Mora L. Fiedler, OfficerSafetyand Wellness An Overview ofthelssues (Washington, DC Office of Community Oriented Policing Services, 2011), 4, hum //copsmsdojgov/Ddf/OSWG/ e091120401-OSWGReDort.Ddf. GS FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Christina Brown of Black Lives Matter Cincinnati speaks about mass demonstrations while Superintendent Garry McCarthy of the Chicago Police Department looks on, Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE 6.4 RECOMMENDATION:Every law to integrate rescue/emergency medical services enforcement officer should be provided with personnel into community -wide active shooter individual tactical first aid kits and training as preparedness and training.These activities well as anti -ballistic vests. Taskforce witness Dr. Alexander Eastman, who is a trauma surgeon as well as a law enforcement professional, noted that tactical first aid kits would significantly reduce the loss of both officer and civilian lives due to blood loss. Already available to members of the military engaged in combat missions, these kits are designed to save lives by controlling hemorrhaging. They contain tourni- quets, an Olaes modular bandage, and QuikClot gauze and would be provided along with training in hemorrhage control. Dr. Eastman estimated that the kits could cost less than $50 each and require about two hours of training, which could be provided through officers who have completed"train the trainer" prog rams."^ This would be a national adoption of the Hartford Consensus, which calls for agencies to adopt hem- orrhage control as a core law enforcement skill and 114. Listening Session on Officer Safety and Wellness Officer Safety (oral testimony of Dr. Alexander Eastman, lieutenant and deputy medical director, Dallas Police Department, forthe President's Task Force on 21 st Century Policing, Washington, DC, February 23, 2015). 66 would complement the current"Save Our Own" law enforcement -based hemorrhage control programs.15 To further reduce officer deaths, the task force also strongly recommends the provision of body armor to all officers with replacements when necessary. 6.4.1 ACTION ITEM: Congress should authorize funding for the distribution of law enforcement individual tactical first aid kits. 6.4.2 ACTION ITEM: Congress should reauthorize and expand the Bulletproof Vest Partnership (BVP) program. Created by statute in 1998, this program is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. Based on data collected and recorded by Bureau of Justice Assistance staff, 115. M. Jacobs Lenworth, Jr., "Joint Committee to Create a National Policyto Enhance Survivability from Mass Casualty Shooting Events: Hartford Consensus II;' Journal of (heAmeiimn (allege ofSorymns 218, no.3 (Mardi 2014):476-478. PILLAR 6. OFFICER WELLNESS & SAFETY in FY 2012 protective vests were directly attributed suggests in -car cameras and seat belt sensors to saving the lives of at least 33 law enforcement and corrections officers. 6.5 RECOMMENDATION: The U.S. Department of Justice should expand efforts to collect and analyze data not only on officer deaths but also on injuries and "near misses." Another recommendation mentioned by multiple witnesses is the establishment of a nationwide repository of data on law enforcement injuries, deaths, and near misses.Though the Federal Bureau of Investigation (FBI) does maintain a database of information pertinentto police procedures on officers killed in the line of duty, it does not contain the medical details that could be analyzed by medical providers and scientists to improve medical care, tactics, training, equipment, and procedures that would prevent or reduce injuries and save Iives.The Police Foundation, with the support of a number of other law enforce- ment organizations, launched an online Law Enforcement Near Miss Reporting System in late 2014, but it is limited in its ability to systematically analyze national trends in this important data by its voluntary nature.' b 6.6 RE, COMMENDATION: Lawenforcement agencies should adopt policies that require officers to wear seat belts and bullet-proof vests and provide training to raise awareness of the consequences of failure to do so. According to task force witness Craig Floyd, traffic accidents have been the number one cause of officer fatalities in recent years, and nearlyhalf of those officers were not wearing seat belts."' He 116. Deborah L Spence,"One on One with LEO Near Miss,"CommunityPoliany Dispatch 8, no. 2 (February 2015),hop //cops.usdo.gov/html/dispatch/02-2015/ leo near miss.aso. 117. Listening Session on Officer Safety and Wellness (oral testimony of Craig Floyd, National Law Enforcement Officer Memorial Foundation, for the Presidents to encourage use along with aggressive safety campaigns. Some witnesses endorsed mandatory seat belt policies as well. The Prince George's County (Maryland) Arrive Alive Campaign initiated bytaskforce witness Chief Mark Magrawto promote 100 percent seat belt usage relied on incentives and peer pressure for success. The message was, "it is not j ust about you, it is also about your family and your department""' There were also many calls for mandatory requirements that all officers wear soft body armor any time they are going to be engaging in enforcement activities, uniformed or not. It was also suggested that law enforcement agencies be required to provide these for all commissioned personnel. 6.7 RECOMMENDATION: Congress should develop and enact peer review error management legislation. The taskforce recommends that Congress enact legislation similartothe Healthcare Quality Improvement Act of 198619 that would support the development of an effective peer review error management system for law enforcement similar to what exists in medicine. A robust but nonpuni- tive peer review error management program—in which law enforcement officers could openly and frankly discuss their own or others' mistakes or Task Force on 21 st Century Policing, Washington, DC, February 23, 2015). 118. Listening Session on Officer Safety and Wellness (oral testimony of Mark Magni chief, Prince Georges County [MD] Police Department, forthe President's Task Force on 21 st Century Policing, Washington, DC, February 23, 2015). 119. The Health Care Quality Improvement Act of 1986 (HCQIA), 42 USC §11101 et seg., sets out standards for professional review actions. If a professional review body meets these standards, then neither the professional review body nor any person acting as a member orstaff to the body will be liable In damages under most federal or state laws with respect to the action. For more information, see "Medical Peer Review,"Amencan Medical Association, accessed February 28, 2015, http://mw.ama-assn.org/ama/pub/physician-resources/legal topics/medicaI- peer-reyiew.pape. 67 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING near misses without fear of legal repercussions would go along way toward reducing injuries and fatalities by improving tactics, policies, and proce- dures. Protecting peer review error management findings from being used in legal discovery would enable the widespread adoption of this program by law enforcement. The Near Miss anonymous reporting system de- veloped by the Police Foundation in Washington, D.C., currently collects anonymous data that can be very helpful in learning from and preventing mistakes, fatalities, and injuries—but a program that enabled peer review of errors would provide even more valuable perspectives and solutions. 6.8 RLCOMMLNDATION: The U.S. Department of Transportation should provide technical assistance opportunities for departments to explore the use of vehicles equipped with vehicle collision prevention "smart car" technology that will reduce the number of accidents. Given that the FBI's 2003 to 2012 Law Enforcement Officers Killed in Action report showed that 49 percent of officer fatalities were a result of vehicle -related accidents, the need for protective devices cannot be understated. New technologies such as vehicle collision prevention systems should be explored. Figure 3. Total law enforcement fatalities from 1964-2014 300 250 200 150 100 50 0 1964 1969 1974 1979 1984 1989 1994 1999 2004 2009 YEAR — Total number of officerfataliities 0 Trafficfatalities Firearms fatalities 0 Otherfatallties Source "126 Law Enforcement Faralines Nationwide in 2014;' Preliminary 2014 LausEnforcement Officer Fatalities Report (Washington, DC: National Law Enforcement Officers Memorial Fund, December2014),htto://www.nleomf.org/assets/odfs/reports/Preliminary-2014-Officer-Fatalities-Reoortodf. 68 2014 12 IMPLEMENTATION The members of the President's Task Force on For recommendation 7.3, the COPS Office should 21 st Century Policing are convinced that these 59 consider taking actions including but not limited concrete recommendations for research, action, to the following: and further study will bring long-term improve- ments to the ways in which law enforcement agencies interact with and bring positive change to their communities. But we also recognize that the Administration, through policies and practices already in place, can start right now to move forward on the bedrock recommendations in this report. Accordingly, we propose the following items for immediate action. 7.1 RE, COMMENDATION: The President should direct all federal law enforcement agencies to review the recommendations made by the Task Force on 21 st Century Policing and, to the extent practicable, to adopt those that can be implemented at the federal level. 7.2 RECOMMENDATION: The U.S. Department of Justice should explore public-private partnership opportunities, starting by convening a meeting with local, regional, and national foundations to discuss the proposals for reform described in this report and seeking their engagement and support in advancing implementation of these recommendations. 7.3 RE, COMMENDATION: The U.S. Department of Justice should charge its Office of Community Oriented Policing Services (COPS Office) with assisting the law enforcement field in addressing current and future challenges. • Create a National Policing Practices and Accountability Division within the COPS Office • Establish national benchmarks and best practices for federal, state, local, and tribal police departments. • Provide technical assistance and funding to national, state, local, and tribal accreditation bodies that evaluate policing practices. • Recommend additional benchmarks and best practices for state training and standards boards. Provide technical assistance and funding to state training boards to help them meet national benchmarks and best practices in training methodologies and content. Prioritize grant funding to departments meeting benchmarks. Support departments through an expansion of the COPS Office Collaborative Reform Initiative. Collaborate with universities, the Office of Justice Programs and its bureaus (Bureau of Justice Assistance [BJA], Bureau of Justice Statistics [BJS], National Institute of Justice [NIJ], and Office of Juvenile Justice and Delinquency Prevention [OJJDP]), and others to review research and literature in order to inform law enforcement agencies about evidence -based practices and to identify areas of police operations where additional research is needed. Collaborate with the BJS to • establish a central repository for data concerning police use of force resulting in death, as well as in -custody deaths, and disseminate this data for use by both community and police, 69 • provide local agencies with technical assistance and a template to conduct local citizen satisfaction surveys, compile annual citizen satisfaction surveys based on the submission of voluntary local surveys, develop a national level survey as well as surveys for use by local agencies and by small geographic units, and develop questions to be added to the National Crime Victimization Survey relating to citizen satisfaction with police agencies and public trust. Collaborate with the BJS and others to develop a template of broader indicators of performance for police departments beyond crime rates alone that could comprise a Uniform Justice Report. 70 PHOTO: BRANDONTRAMEL • Collaborate with the NIH and the BJS to publish an annual report on the"State of Policing" in the United States. Provide support to national police leadership associations and national rank and file organizations to encourage them to implement task force recommendations. Work with the U.S. Department of Homeland Security to ensure that community policing tactics in state, local, and tribal law enforcement agencies are incorporated into their role in homeland security. APPENDIX A. PUBLIC LISTENING SESSIONS & WITNESSES The President's Task Force on 21 st Century Policing hosted multiple public listening sessions to gain broad input and expertise from stakehold- ers. The information collected in these meetings informed and advised the task force in developing its recommendations. Listening Session 1. Building Trust & Legitimacy Washington, D.C., January 13, 2015 Panel One: Subject Matter Experts Jennifer Eberhardt, Associate Professor of Psychology, Stanford University Charles Ogletree, Jesse Climenko Professor of Law, Harvard Law School Tom Tyler, Macklin Fleming Professor of Law and Professor of Psychology, Yale Law School Samuel Walker, Emeritus Professor of Criminal Justice, University of Nebraska Omaha Panel Two: Community Representatives Carmen Perez, Executive Director,The Gathering for Justice Jim St. Germain, Co -Founder, Preparing Leaders of Tomorrow, Inc. Jim Winkler, President and General Secretary, National Council of Churches of Christ in the USA Panel Three: Law Enforcement Organizations Richard Bea ry, President, International Association of Chiefs of Po Ilce Chuck Canterbury, National President, Fraternal Order of Police Andrew Peralta, National President, National Latino Peace Officers Association Richard Stanek, Immediate Past President, Major County Sheriffs'Association Panel Four: Civil Rights / Civil Liberties Sherrilyn Ifill, President and Director -Counsel, National Associ- ation for the Advancement of Colored People Legal Defense and Educational Fund Maria Teresa Kumar, President and CEO,Voto Latino Laura Murphy, Director, Washington Legislative Office, American Civil Liberties Union Vikrant Reddy, Senior Policy Analyst, Texas Public Policy Founda- tion Centerfor Effective Justice Panel Five: Mayors Kevin Johnson, Sacramento Michael Nutter, Philadelphia Stephanie Rawlings -Blake, Baltimore Listening Session 2. Policy & Oversight Cincinnati, Ohio, January 30, 2015 Panel One: Use of Force Research and Policies Geoffrey Alpert, Professor, University of South Carolina Mick McHale, President, National Association of Police Organizations Harold Medlock, Chief, Fayetteville (North Carolina) Police Department Rashad Robinson, Executive Director, Color of Change Panel Two: Use of Force Investigations and Oversight Sim Gill, District Attorney, Salt Lake County, Utah Jay McDonald, President, Fraternal Order of Police of Ohio Kirk Primas, Assistant Sheriff,LasVegasMetropolltan Police Department Chuck Wexler, Executive Director, Police Executive Research Forum 71 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Panel Three: Civilian Oversight Charlie Beck, Chief, Los Angeles Police Department Brian Buchner, President, National Association for Civilian Oversight of Law Enforcement Darius Charney,Senior Staff Attorney, Center for Constitutional Rights Panel Four: Mass Demonstrations Christina Brown, Founding Organizer, Black Lives Matter: Cincinnati Garry McCarthy, Superintendent, Chicago Police Department Rodney Monroe, Chief, Charlotte -Mecklenburg (North Carolina) Police Department Sean Whent, Chief, Oakland (California) Police Department Panel Five: Law Enforcement Culture and Diversity Malik Aziz, National Chairman, National Black Police Association Hayley Gorenberg, Deputy Legal Director, Lambda Legal Kathy Harrell, President, Fraternal Order of Police, Queen City Lodge #69, Cincinnati, Ohio Barbara O'Connor, President, National Association ofWomen Law Enforcement Executives Listening Session 3. Technology & Social Media Cincinnati, Ohio, January 31, 2015 Panel One: Body Cameras—Research and Legal Considerations Jim Bueermann, President, Police Foundation Scott Greenwood, Attorney Tracie Keesee, Co -Founder and Director of Research Partnerships, Centerfor Policing Equity Bill Lewinski, Founder and Director, Force Science Institute Michael White, Professor, School of Criminology and Criminal Justice, Arizona State University Panel Two: Body Cameras—Implemen- tation Johanna Miller, Advocacy Director, NewYork Civil Liberties Union Ken Miller, Chief, Greenville (South Carolina) Police Department 72 Kenton Rainey, Chief, Bay Area Rapid Transit, San Francisco Richard Van Houten, Sergeant, Fort Worth (Texas) Police Officers Association Panel Three: Technology Policy Eliot Cohen, Lieutenant, Maryland State Police Machu Grewal, Policy Counsel,The Constitution Project Bill Schrier, Senior PollryAdvisor,Office oftheChief Information Officer, State ofWashington Vincent Talucci, Executive Director/ Chief Executive Officer, International Association of Chiefs of Police Panel Four: Social Media, Community Digital Engagement and Collaboration Hassan Aden, Director, Research and Programs, International Association of Chiefs of Police DeRay McKesson, Th is is the Movement Steve Spiker, Research and Technology Director, Urban Strategies Council Lauri Stevens, Founder and Principal Consultant, LAwS Communications Listening Session 4. Community Policing & Crime Reduction Phoenix, Arizona, February 13, 2015 Panel One: Community Policing and Crime Prevention Research Bill Geller, Director, Geller & Associates Dr. Delores Jones -Brown, Professor, John lay College of Criminal Justice, City University of NewYork Dr. Dennis Rosenbaum, Professor, University of Illinois at Chicago Dr. Wesley G. Skogan, Professor, Northwestern University Panel Two: Building Community Policing Organizations Anthony Batts, Police Commissioner, Baltimore Police Department Jeffrey Blackwell, Chief, Cincinnati (Ohio) Police Department Chris Magnus, Chief, Richmond (California) Police Department Patrick Melvin, Chief, Salt River Police Department (Salt River Pima-Marimpa Indian Community) Panel Three: Using Community Policing to Reduce Crime Kevin Bethel, Deputy Police Commissioner, Philadelphia Police Department Melissa Jones, Senior Program Officer, Boston's Local Initiatives Support Corporation David Kennedy, Professor, John lay College of Criminal Justice, City University of New York J. Scott Thomson, Chief, Camden County (New Jersey) Police Department George Turner, Chief, Atlanta Police Department Panel Four: Using Community Policing to Restore Trust Rev. Jeff Brown, Rebuilding Every City Around Peace Dwayne Crawford, Executive Director, National Organization of Black Law Enforcement Executives Justin Hansford, Assistant Professor of Law, Saint Louis University School of Law Cecil Smith, Chief, Sanford (Florida) Police Department Panel Five: Youth and Law Enforcement Delilah Coleman, Member, Navajo Nation (Senior at Flagstaff High School) Jose Gonzales, Alumnus, Foster Care and CrossoverYouth Jamecia Luckey, Youth Conference Committee Member, Cocoa (Florida) Police Athletic League Nicholas Peart, Staff Member,TheBrotherhood-Sister Sol (Class Mem her, Floyd, or al. v. CityofNew York, etal.) Michael Reynolds, Co -President, Youth Power Movement Listening Session 5. Training & Education Phoenix, Arizona, February 14, 2015 Panel One: Basic Recruit Academy Arlen Ciechanowski, President, International Association of Directors of Law Enforcement Standards and Training William J. Johnson, Executive Director, National Association of Police Organizations Benjamin B. Tucker, First Deputy Commissioner, New York City Police Department APPENDIX A Dr. Steven Winegar, Coordinator, Public Safety Leadership Development, Oregon Department of Public Safety Standards and Training Panel Two: In -Service Training Dr. Scott Decker, Professor, Arizona State University Aaron Danielson, President, Public Safety Employee Association/ AFSCME Local 803, Fairbanks, Alaska Dr. Cheryl May, Director, Criminal Justice Institute and National Centerfor Rural Law Enforcement John Ortolano, President, Arizona Fraternal Order of Police Gary Schofield, Deputy Chief, Las Vegas Metropolitan Police Department Panel Three: Supervisory, Leadership and Management Training Edward Flynn, Chief, Milwaukee (Wisconsin) Police Department Sandra Hutchens, Sheriff, Orange County(Callfornla) Sheriff's Department Kimberly Jacobs, Chief, Columbus (Ohio) Division of Police John Layton, Sheriff, Marion County (Indiana) Sheriff's Office Dr. Ellen Scrivner, Executive Fellow, Police Foundation Panel Four: Voices in the Community AI I ie Bo nes, MSW, Chief Executive Officer, Arizona Coa I Itio n to End Sexual and Domestic Violence Renaldo Fowler, Senior Staff Advocate, Arizona Centerfor Disability Law Keeshan Harley, Member, Communities United for Police Reform Andrea Ritchie, Senior Policy Counsel, Streetwise and Safe Linda Sarsour, Executive Director, Arab American Association of New York Panel Five: Special Training on Building Trust Lt. Sandra Brown (retired), Principal Trainer, Fair and Impartial Policing Dr. Randolph Dupont, Professmand Clinical Psychologist, University of Memphis David C. Friedman, Regional Director of National Law Enforcement Initiatives, Anti -Defamation League Lt. Bruce Lipman (retired), Procedural Justice /Police Legitimacy Training Dr. Ronal Serpas, Advisory Board Member, Cure Violence Chicago 73 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Listening Session 6. Officer Safety & Wellness Washington, D.C., February 23, 2015 Panel One: Officer Wellness Dr. Laurence MiIIer,CIinicaI Forensic Psychologist and Law Enforcement Educator David Orr, Sergeant, Norwalk (Connecticut) Police Department Dr. Sandra Ramey, Assistant Professor, University of Iowa College of Nursing Dr. John VioIanti, Research Professor, State University of New York Buffalo Yost Zakhary, Public Safety Director, City ofWoodway,Texas Panel Two: Officer Safety Jane Castor, Chief,Tampa (Florida) Police Department Jerry L. Demings,Sheriff, Orange County (Florida) Sheriff's Office Dr. Alexander L. Eastman, Lieutenant and Deputy Medical Director, Dallas Police Department Craig W. Floyd, Chairman and Chief Executive Officer, National Law Enforcement Officers Memorial Fund Panel Three: Voices from the Field Dianne Bernhard, Executive Director, Concerns of Police Survivors Robert Bryant, Chief, Penobscot Nation Chuck Canterbury, National President, Fraternal Order of Police William J. Johnson, Executive Director, National Association of Police Organizations 74 Jonathan Thompson, Executive Director, National Sheriffs'Association Panel Four: Labor/Management Relations Dr. Chuck Wexler, Executive Director, Police Executive Research Forum Karen Freeman -Wilson, Mayor, Gary, Indiana Mark Magaw, Chief, Prince George's County (Maryland) Police Department James Pasco, Executive Director, Fraternal Order of Police Dustin Smith, President, Sacramento (California) Police Officers Association Listening Session 7. Future of Community Policing Washington, D.C., February 24, 2015 Panel: Future of Community Policing Dr. Phillip Goff, Professor, University of California, Los Angeles Jim McDonnell,Sheriff, Los Angeles County Sheriff's Department Dr. Daniel Nagin,Teresa and H. John Heinz III Professor of Public Policy, Carnegie Mellon University Dr. Lawrence Sherman, Director ofthe Institute of Criminology ofthe University of Cambridge, United Kingdom Jeremy Travis, President, John lay College of Cri mi nal Justice, City University of Newyork APPENDIX B. INDIVIDUALS & ORGANIZATIONS THAT SUBMITTED WRITTEN TESTIMONY In addition to receiving testimony from those individuals that appeared as witnesses during public listening sessions, the President's Task Force on Zl st Century Policing accepted written testimony from any individual or organization to ensure that its infor- mation gathering efforts included as many people and perspectives as possible. The task force thanks the individuals and organizations who submitted written testimony forthem time and expertise. This list reflects organizational affiliation at the time of testimony submission and may not represent submitters' current positions. Individuals Eli Briggs, Director of Government Affairs, National Association of County and City Health Officials (NACCHO) Cherie Brown, Executive Director, National Coalition Building Institute Steven Brown, Journalist / Public Relations Consultant Chris Calabrese, Senior Policy Director, Center for Democracy and Technology—with Jake Laperruque, Fellow on Privacy, Surveillance, and Security Melanie Campbell, President and CEO, National Coalition on Black Civic Participation Mo Canady, Executive Director, National Association of School Resource Officers (NASRO) Hugh Carter Donahue, Adjunct Professor, Department of History, Rowan University Anthony Chapa, President, Hispanic American Police Command Officers Association Robert Abraham, Chair, Gang Resistance Education&Training Lorig Charkoudian, Executive Director, Community (GREAT) National Policy Board Mediation Maryland Phillip Agnew, Executive Director, Dream Defenders Ralph Clark, President and CEO, SST Inc. Kilolo Ajanaku, National Executive Director, World Conference of Mayors' Dr. Martin Luther King, Jr. American Dream Initiative Barbara Attard, Past President, National Association for Civilian Oversight of Law Enforcement Pau I Babeu,Vlce President, Arizona Sheriffs Association Monifa Bandele, Communities United for Police Reform Dante Barry, Executive Director, Million Noodles David Bayley, Distinguished Professor Emeritus, University of Albany Michael Bell, Lt. Colonel (retired), United States Air Force Michael Berkow, Chief, Savannah (Georgia) Police Department Greg Berman and Emily Gold LaGratta, Center for Court Innovation Angela Glover Blackwell, Founder and CEO, PolicyLink Mark Bowman, Assistant Professor oflustice Studies, Methodist University Faye Coffield 0 Federa I Task Force The Hon. LaDoris Cordell, Office ofthe Independent Police Auditor, San Jose, California Jill Corson Lake, Director of Global Advising, ParsonsThe New School for Design David Couper, Chief of Police (retired), Madison (Wisconsin) Police Department Madeline deLone, Executive Ddector,The Innocence Project with Marvin Anderson, Board Member Jimmie Dotson, Police Chief (retired), Houston Independent School District/ GeoDD GeoPolicingTeam Ronnie Dunn, Professor, Cleveland State University Lauren -Brooke Eisen and Nicole Fortier—Counsel, Justice Program, Brennan Center for Justice at NYU School of Law Christian Ellis, CEO, Alternative Ballistics Jeffrey Fagan, Professor of Law, Columbia Law School 75 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Mai Fernandez, Executive Director, National Center for Victims of Crime Johnny Ford, Founder, Alabama Conference of Black Mayors and Mayor,Tuskegee, Alabama Lisa Foster, Director, Accesstolustice Initiative, U.S. Department of Justice Neill Franklin, Executive Director, Law Enforcement Against Prohibition Wade Henderson, President and CEO,The Leadership Conference on Civil and Human Rights—with Nancy Zirkin, Executive Vice President Maulin Chris Herring, Trainer/Consultant, Public Safety Sandy Holman, Director,The Culture CO-OP Zachary Horn and Kent Halverson, Aptima, Inc. with Rebecca Damari and Aubrey Logan -Terry, Georgetown University S. Gabrielle Frey, Interim Executive Director, National Association Tanya Clay House, Director of Public Policy, Lawyers'Committee of Community Mediation for Civil Rights Under Law Lorie Fridell, Associate Professor of Criminology, University of South Florida Allen Frimpong, Activist --Malcolm X Grassroots Movement: New York's Self Defensive Campaign Ethan Garcia,Youth Specialist, Identity Inc. Michael Gennaco, Principal, OR Group Al Gerhardstein, Civil Rights Attorney James Gierach, Executive Board Vice Chairman, Law Enforcement Against Prohibition Susan Hutson, Office oftheIndependent Police Monitor, New Orleans Ingram Janaye, Executive Director, National Action Network Melanie Jeffers Megan Johnston, Executive Director, Northern Virginia Mediation Service Nola Joyce, Deputy Commissioner, Philadelphia Police Department Keith Kauffman, Captain, Hawthorne (California) Police Department Fred Ginyard, Organizing Director, Fabulous Independent Gwendolyn Puryear Keita, Executive Director, American Educated Radical for Community Empowerment (FIERCE) Psychological Association, Public Interest Directorate Mark Gissiner, Past President, International Association for Civilian Oversight of Law Enforcement Becca Gomby, SDR Academy Rev. Aaron Graham, Lead Pastor,The District Church Fatima Graves, Vice President, National Women's Law Center with Lara S. Kaufmann, Senior Counsel and Director of Education PolicyforAt-Risk Students Virgil Green, Chairman, Future America National Crime Solution Commission Sheldon Greenberg, Professor, School of Education, Division of Public Safety Leadership, The Johns Hopkins University Robert Haas, Police Commissioner, Cambridge (Massachusetts) Police Department David Harris, Distinguished Faculty Scholar and Professor of Law Associates Dean for Research, University of Pittsburgh School of Law W. Craig Hartley, Executive Director, CALEA Steven Hawkins, Executive Director, Amnesty International USA Louis Hayes, The Virtus Group, Inc. Stanley Knee, Chief, Austin (Texas) Police Department Laura Kunard, Senior Research Scientist, CNA Corporation David Kurz, Chief, Durham (New Hampshire) Police Department Deborah Lauter, Director of Civil Rights, Anti -Defamation League—with Michael Lieberman, Washington Counsel Cynthia Lum and Christopher Koper, George Mason University, Center for Evidence -Based Crime Policy Bruce Lumpkins Edward Maguire, Professor of Justice, Law & Criminology, American University Baron Marquis, Member, Riverside Church, New York Travis Martinez, Lieutenant, Redlands (California) Police Department Mike Masterson, Chief, Boise (Idaho) Police Department Andrew Mazzara, Executive Director, International Law Enforcement Forum—with Colin Burrows OMP (U.K.), ILEF Advisory Board Chair R. Paul McCauley, Past President, Academy of Criminal Justice Sciences V. Michael McKenzie Harvey McMurray, Chair, Department of Criminal Justice, North Carolina Central University Pamela Meanes, President, National Bar Association Doug Mellis, President, Massachusetts Chiefs of Police Associa- tion—with Brian Kyes, President, Massachusetts Major City Chiefs Association Seth Miller, President,The Innocence Network Charlene Moe, Program Coordinator, Center for Public Safety and Justice, Institute of Government and Public Affairs, University of Illinois Marc Morial, CEO, National Urban League Richard Myers, Chief, Newport News (Virginia) Police Department Toye Nash, Sergeant, Phoenix Police Department Rebecca Neri and Anthony Berryman — UCLA Improvement by Design Research Group Chuck Noerenberg, President, National Alliancefor Drug Endangered Children Newell Normand, Sheriff, Jefferson Parish (Louisiana) Sherriff's Office—submitted with Adrian Garcia, Sheriff, Harris County (Texas) Sheriff's Office, David Mahoney, Sheriff, Dane County (Wisconsin) Sheriff's Office, Anthony Normore, Ph.D., Crum trial Justice Commission for Credible Leadership Development, and Mitch Javidi, Ph.D., International Academy of Public Safety Gbadegesin Olubukola, St. Louis University Patrice O'Neill, CEO/Executive Producer, Not In OurTown Jim Palmer, Executive Director, Wisconsin Professional Police Association Julie Parker, Media Relations Division Director, Prince Georges County (Maryland) Police Department George Patterson, Associate Professor, City University of NewYork David Perry, President, International Association of Campus Law Enforcement Administrators (IACLEA) Megan Price, Director, Insight Conflict Resolution Program, School for Conflict Analysis and Resolution, George Mason University Sue Quinn, Past President, National Association for Civilian Oversight of Law Enforcement Tess Raser,Teacher, Brooklyn, New York APPENDIX B Darakshan Raja, Program Manager, Washington Peace Center Sir Desmond Rea and Robin Masefield, Northern Ireland Policing Board Nuno Rocha Edwin Roessler, Jr., Chief, Fairfax County (Virginia) Police Department Jeffrey Rojek, University ofTexas at EI Paso Iris Roley, Black United Front of Cincinnati Julia Ryan, Community Safety Initiative Director, LISC Robert Samuels, Former Acting Director, DOJ Executive Office for Weed and Seed Kami Chavis Simmons, Professor of Law and Director ofthe Criminal Justice Program, Wake Forest University School of Law Russell Skiba, Professor and Director, Equity Project at Indiana University Ronald Sloan, President, Association of State Criminal Investigative Agencies Samuel Somers, Jr., Chief, Sacramento Police Department Brett Stoudt, Morris Justice Project and Professor, John lay College of Criminal Justice "Thin k Tan k Johnny" Don Tijerina, President, Hispanic American Police Command Officers Association Nicholas Turner, President and Director, Vera Institute oflustice James Unnever, Professor of Criminology, University of South Florida Javier Va Ides, Executive Director, Make the Road New York Kim Vansell, Director, National Center for Campus Public Safety Nina Vinik, Program Director, Gun Violence Prevention, The Joyce Foundation Vincent Warren, Executive Director, Center for Constitutional Rights Barbara Weinstein, Associate Director, Religious Action Center of Reform Judaism Jenny Yang, Chair, U.S. Equal Employment Opportunity Commission 77 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Organizations American Friends Service Committee American Society of Criminology, Division of Policing, Ad Hoc Comm it- teetothe President's Task Force on 21st Century Policing (Anthony Braga, Rod K. Brunson, Gary Coroner, Lorie Fridell, Matthew Hickman, CynthiaLum,Stephen D.Mastrr i, Jack McDevitt, Dennis P Rosenbaum, Wesley G. Sorg an, and W I I !am Terri I J Brooklyn Defender Services The Bronx Defenders Centerfor Popular Democracy Civil Rights Coalition on Police Reform CNA Corporation (George Fachner, Michael D. White, James R. Coldren, Jr., and lames K. Stewart) Color r Change Dignity in Schools Campaign Ethics Bureau at Yale (Lawrence Fox, Supervising Lawyer) Evangelical Lutheran Church in America Harvard Kennedy School (John F. Kennedy School of Govemment) linois Coalition for Immigrant and Refugee Rights mmigrant Defense Project nternational Association for Human Values (IAHV) /Works of Wonder International Latino J ustice Lawyers'Committeefor Civil Rights Under Law (including A. Phillip Randolph Institute, Black Youth Vote, Empowerment Movement, Hip Hop Caucus, Leadership Conference on Civil and Human Rights, Muslim Advocates, National Association for the Advancement of Colored People [NAACP], NAACP Legal Defense Fund, National Coalition on Black Civic Participation, National Council of Churches of Christ in the USA, PICO National Network, and Rainbow PUSH Coalition) 78 Local Initiatives Support Corporation (LISA Major County Sheriffs'Association Make the Road New York National Action Network (NAN) National Association for Civilian Oversight of Law Enforcement National Association of Counties National Association of Police Organizations National Association of Women Law Enforcement Executives National Collaborative for Health Equity, Dellums Commission National Day Laborer Organizing Network National Immigration Law Center National Fraternal Order of Police National Organization of Black Law Enforcement Executives (NOBLE) National Sheriffs'Association New Sanctuary Coalition of NewYork Northern Manhattan Coalition for Immigrant Rights Northwest Immigrant Rights Project PICO National Network Public Science Project Santa Fe College and the Santa Fe College Police Department, Gainesville, Florida Southern Poverty Law Center Streetwise & Safe Team Kids Works of Wonder International APPENDIX C. EXECUTIVE ORDER 13684 OF DECEMBER 18, 2014 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to identify the best means to provide an effective partnership between law enforcement and local communities that reduces crime and increases trust, it is hereby ordered as follows: Section 1. Establishment. There is established a President's Task Force on 21 st Century Policing (Task Force). Sec 2. Membership. (a) The Task Force shall be composed of not more than eleven members appointed by the President.The members shall include distinguished individuals with relevant experience or subject -matter expertise in law enforcement, civil rights, and civil liberties. (b)The President shall designate two members of the Task Force to serve as Co -Chairs. Sec 3. Mission. (a) The Task Force shall, consistent with applicable law, identify best practices and otherwise make recommendations to the President on how policing practices can promote effective crime reduction while building public trust. (b)TheTask Force shall be solely advisory and shall submit a report to the President by March 2, 2015. Sec 4. Administration. (a) The Task Force shall hold public meetings and engage with Federal, State, tribal, and local officials, technical advisors, and nongovernmental organizations, among others, as necessary to carry out its mission. (b) The Director of the Office of Community Oriented Policing Services shall serve as Executive Director of the Task Force and shall, as directed by the Co -Chairs, convene regular meetings of the Task Force and supervise its work. (c) In carrying out its mission, the Task Force shall be informed by, and shall strive to avoid duplicat- ing, the efforts of other governmental entities. (d) The Department of Justice shall provide administrative services, funds, facilities, staff, equipment, and other support services as may be necessary for the Task Force to carry out its mission to the extent permitted by law and subject to the availability of appropriations. (e) Members of the Task Force shall serve without any additional compensation for their work on the Task Force, but shall be allowed travel expenses, including per diem, to the extent permitted by law for persons serving intermittently in the Govern- ment service (5 U.S.C5701-5707). Sec 5. Termination. The Task Force shall terminate 30 days after the President requests a final report from the Task Force. Sec 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect (i) the authority granted by law to a department, agency, or the head thereof, or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. 79 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING (b)This order is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agen- cies, or entities, its officers, employees, or agents, or any other person. 80 (c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act") may apply to the Task Force, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Attorney General. THE WHITE HOUSE, December 18, 2014. APPENDIX D. TASK FORCE MEMBERS' BIOGRAPHIES Co -Chairs Charles Ramsey Charles Ramsey is the commissioner of the Philadelphia Police Department (PPD), a position he has held since 2008. Since 2010, he has served as president of the Major Cities Chiefs Association and the Police Executive Research Forum. Commis- sioner Ramsey began his law enforcement career in 1968 as a cadet with the Chicago Police Depart- ment (CPD). Over the next 30 years, he held various positions with the CPD, including commander of the Narcotics Division, deputy chief of the Patrol Division, and deputy superintendent, a role he held from 1994 to 1998. In 1998, he was named chief of the Metropolitan Police Department of the District of Columbia (MPDC), where he served until early 2007. In 2007, Commissioner Ramsey served on the Independent Commission on Security Forces of Iraq, leading a review of the Iraqi Police Force. In addition to his current role at the PPD, he also serves as a member of the Homeland Security Advisory Council. Commissioner Ramsey received a BS and MS from Lewis University. Laurie Robinson Laurie Robinson is the Clarence J. Robinson Professor of Criminology, Law and Society at George Mason University, a position she has held since 2012. She served as assistant attorney general for the Office of Justice Programs (OJP) in the U.S. Department of Justice (DOJ) from 2009 to 2012. Prior to that, Ms. Robinson served as the Principal deputy assistant attorney general for OJP and acting assistant attorney general for OJP Previously, she was a member of the Obama-Biden Transition Team. From 2003 to 2009, Ms. Robinson was the director of the Master of Science Program in Criminology at the University of Pennsylvania. From 1993 to 2000, she served her first term as assistant attorney general for OJP Before joining DOJ, Ms. Robinson spent over 20 years with the American Bar Association, serving as assistant staff director of the Criminal Justice Section from 1972 to 1979, director of the Criminal Justice Section from 1979 to 1993, and director of the Professional Services Division from 1986 to 1993. She is a senior fellow at the George Mason University Center for Evidence -Based Crime Policy and serves as co- chair of the Research Advisory Committee for the International Association of Chiefs of Police. She also serves on the board of trustees of the Vera Institute of Justice. Ms. Robinson received a BA from Brown University. 81 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Members Cedric L. Alexander Cedric L Alexander is the deputy chief operating officer for Public Safety in DeKalb County, Georgia, a position he has held since late 2013. Dr. Alexan- der is also the national president of the National Organization of Black Law Enforcement Executives. In 2013, he served as chief of police for the DeKalb County Police Department. Priorto this, Dr. Alex- ander served as federal security director for the Transportation Security Administration (TSA) at Dal- las/Fort Worth International Airport from 2007 to 2013. And from 2006 to 2007, he was deputy com- missioner of the NewYork State Division of Criminal Justice Services. From 2005 to 2006, Dr. Alexander was chief of the Rochester (New York) Police Department (RPD), where he previously served as deputy chief of police from 2002 to 2005. Before joining RPD, Dr. Alexander was a faculty member in the Department of Psychiatry at the University of Rochester Medical Center from 1998 to 2002. He began his career as a deputy sheriff in Florida from 1977 to 1981, before joining the Miami -Dade Police Department, where hewas as an officer and detective from 1981 to 1992. He received a BA and MS from St.Thomas University in Miami, Florida, and a PsyD from Wright State University. Jose Lopez Jose Lopez is currently the lead organizer at Make the Road NewYork (MRNY), a Brooklyn -based non-profit community organization focused on civil rights, education reform, and combating poverty. He became lead organizer of MRNY in 2013. Mr. Lopez began his career in 2000 as youth organizer with Make the Road by Walking, which later merged with the Latin American Integration Center to form MRNY in 2007. He continued to serve as youth organizer with MRNY until 2009 when he became senior organizer. Since 2011, Mr. Lopez has represented MRNY on the steering 82 committee of Communities United for Police Reform, a NewYork City organization advocating for law enforcement reform. From 2001 to 2004, he was an active contributor to the Radio Rookies Project, an initiative of NewYork Public Radio. He received a BA from Hofstra University. Tracey L. Meares Tracey Meares is the Walton Hale Hamilton Professor of Law atYale Law School, a position she has held since 2007. From 2009 to 2011, she also served as deputy dean of Yale Law School. Before joining the faculty atYale, she served as a profes- sor at the University of Chicago Law School from 1995 to 2007. She has served on the Committee on Law and Justice, a National Research Council Standing Committee of the National Academy of Sciences. She was appointed by Attorney General Eric Holder to serve on the inaugural U.S. Department of Justice, Office of Justice Programs Science Advisory Board. She also currently serves on the board of directors of the Joyce Foundation. Ms. Meares began her legal career as a law clerk for Judge Harlington Wood, Jr. of the U.S. Court of Appeals for the Seventh Circuit. She later served as a trial attorney in the Antitrust Division at the U.S. Department of Justice. Ms. Meares received a BS from the University of Illinois and a JD from the University of Chicago Law School. Brittany N. Packnett Brittany Packnett is currently executive director of Teach For America in St. Louis, Missouri, a position she has held since 2012. From 2010 to 2012, she was a director on the Government Affairs Team at Teach For America. Ms. Packnett was a legislative assistant forthe U.S. House of Representatives from 2009 to 2010. From 2007 to 2009, she was a third grade teacher in Southeast Washington, D.C., as a member of the Teach For America Corps. Ms. Packnett has volunteered as executive director of Dream Girls DMV, a mentoring program for young girls, and was the founding co-chair of The PPENDI Constance Rice Constance Rice is a civil rights attorney and Collective -DC, a regional organization forTeach For co-director of the Advancement Project, an America alumni of color. She currently serves on the board of New City School, the COCA (Center of Creative Arts) Associate Board, the Urban League of Metro St. Louis Education Committee, and the John Burroughs School Board Diversity Committee. Ms. organization she co-founded in 1999. In 2003, Ms. Rice was selected to lead the Blue Ribbon Ram- part Review Panel, which investigated the largest police corruption scandal in Los Angeles Police Department history. In 1991, Ms. Rice joined the Packnett received a BA from Washington University NAACP Legal Defense and Educational Fund, and in St. Louis and an MA from American University. Susan Lee Rahr Susan Rahr is executive director of the Washington State Criminal Justice Training Commission, a position she has held since 2012. From 2005 to 2012, she served as the first female sheriff in King County, Washington. Ms. Rahr spent over 30 years as a law enforcement officer, beginning as a patrol officer and undercover narcotics officer. While serving with the King County Sheriff's Office, she held various positions including serving as the commander of the Internal Investigations and Gang Units, commander of the Special Investi- gations Section, and police chief of Shoreline, Washington. Ms. Rahr received a BA from Washing- ton State University. She has served as a member of the National Institute of Justice and Harvard Kennedy School Executive Session on Policing and Public Safety, president of the Washington State Association of Sheriffs and Police Chiefs, and an executive board member of the National She riffs' Associatio n. she became co-director of the Los Angeles office in 1996. She was previously an associate at Morri- son & Foerster and began her legal career as a law clerkto Judge Damon J. Keith of the U.S. Court of Appeals for the Sixth Circuit. Ms. Rice received a BA from Harvard College and a JD from the NewYork University School of Law. Sean Michael Smoot Sean Smoot is currently director and chief counsel for the Police Benevolent & Protective Association of Illinois (PB&PA) and the Police Benevolent Labor Committee (PBLC), positions he has held since 2000. He began his career with PB&PA and PBLC as a staff attorney in 1995, before becoming chief counsel of both organizations in 1997. Since 2001, Mr. Smoot has served as the treasurer of the Na- tional Association of Police Organizations and has served on the Advisory Committee for the Nation- al Law Enforcement Officers'Rig hts Center since 1996. From 2008 to 2009, he was a policy advisor to the Obama-Bide n Transition Project on public safety and state and local police issues and was a member of the National Institute of Justice and Harvard Kennedy School of Government Executive Session on Policing and Public Safety from 2008 to 2011. Mr Smoot served as police commissioner of Leland Grove, Illinois, from 1998 to 2008. He received a BS from Illinois State University and a JD from Southern Illinois University School of Law. 83 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING Bryan Stevenson Bryan Stevenson is founder and executive director of the Equal Justice Initiative (EJ p, a private, non- profit organization headquartered in Montgomery, Alabama. In addition to directing the EJI since 1989, he is a clinical professor at New York Uni- versity School of Law. He previously has served as a visiting professor of law at the University of Mich- igan School of Law. Mr. Stevenson has received the American Bar Association's Wisdom Award for public service, the ACLU's National Medal of Liberty, and the MacArthur Foundation "Genius"Award Prize. Mr. Stevenson received a BA from Eastern College (now Eastern University), a JD from Harvard Law School, and an MPP from the John F. Kennedy School of Government at Harvard University. 84 Roberto Villasenor Roberto Villasenor is chief of police for the Tucson (Arizona) Police Department (TPD), a position he has held since 2009. He joined the TPD in 1980 and has served as officer, sergeant, lieutenant, and captain and as assistant chief from 2000 to 2009. ChiefVillasenor was named Officer of the Year for the TPD in 1996 and has been awarded the TPD Medal of Merit three times. He also received the TPD Medal of Distinguished Service. Chief Vil lasenor is the incoming president of the Arizona Association of Chiefs of Police and a board mem- her of the Police Executive Research Forum (PERF). He received a BS from Park University and a MEd from Northern Arizona University. APPENDIX E. RECOMMENDATIONS AND ACTIONS 0.1 OVERARCHING RECOMMENDATION: The President should support and provide funding for the creation of a National Crime and Justice Task Force to review and evaluate all components of the criminal justice system for the purpose of making recommendations to the country on comprehensive criminal justice reform. 0.2 OVERARCIIING RECOMMENDATION: The President should promote programs that take a comprehensive and inclusive look at community-based initiatives that address the core issues of poverty, education, health, and safety. 1.1 RECOMMENDATION: Lawenforcement culture should embrace a guardian mindset to build public trust and legitimacy. Toward that end, police and sheriffs'departments should adopt procedural justice as the guiding principle for internal and external policies and practices to guide their interactions with the citizens they serve. 1.2 RECOMMENDATION: Law enforcement agencies should acknowledge the role of policing in past and present injustice and discrimination and how it is a hurdle to the promotion of community trust. 1.2.1 ACTION ITEM: The U.S. Department of Justice should develop and disseminate case studies that provide examples where past injustices were publicly acknowledged by law enforcement agen- cies in a manner to help build community trust. 1.3 RL COMMENDATION: Lawenforcement agencies should establish a culture of transparency and accountability in order to build public trust and legitimacy. This will help ensure decision making is understood and in accord with stated policy. 1.3.1 ACTION ITEM: To embrace a culture of transparency, law enforcement agencies should make all department policies available for public review and regularly post on the department's website information about stops, summonses, ar- rests, reported crime, and other law enforcement data aggregated by demographics. 1.3.2 ACTION ITEM: When serious incidents occur, including those involving alleged police misconduct, agencies should communicate with citizens and the media swiftly, openly, and neutrally, respecting areas where the law requires confidentiality. 1.4 RECOMMENDATION: Law enforcement agencies should promote legitimacy internally within the organization by applying the principles of procedural justice. 1.4.1 ACTION ITEM: In order to achieve internal legitimacy, law enforcement agencies should involve employees in the process of developing policies and procedures. 1.4.2 ACTION ITEM: Law enforcement agency leadership should examine opportunities to incorporate procedural justice into the internal discipline process, placing 8s FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING additional importance on values adherence rather than adherence to rules. Union leadership should be partners in this process. 1.5 RECOMMENDATION: Law enforcement agencies should proactively promote public trust by initiating positive nonenforcement activities to engage communities that typically have high rates of investigative and enforcement involvement with government agencies. 1.5.1 ACTION ITEM: In order to achieve external legitimacy, law enforcement agencies should involve the community in the process of developing and evaluating policies and proce- dures. 1.5.2 ACTION ITEM: Law enforcement agen- cies should institute residency incentive programs such as Resident Officer Programs. 1.5.3 ACTION ITEM: Law enforcement agen- cies should create opportunities in schools and communities for positive nonenforcement interac- tions with police. Agencies should also publicize the beneficial outcomes and images of positive, trust -building partnerships and initiatives. 1.5.4 ACTION ITEM: Use of physical control equipment and techniques against vulnerable populations—including children, elderly persons, pregnant women, people with physical and men- tal disabilities, limited English proficiency, and others—can undermine public trust and should be used as a last resort. law enforcement agencies should carefully consider and review their policies towards these populations and adopt policies if none are in place. 86 1.6 RECOMMENDATION: Lawenforcement agencies should consider the potential damage to public trust when implementing crime fighting strategies. 1.6.1 ACTION ITEM: Research conducted to evaluate the effectiveness of crime fighting strategies should specifically look at the potential for collateral damage of any given strategy on community trust and legitimacy. 1.7 RECOMMENDATION: Lawenforcement agencies should track the level of trust in police by their communities just as they measure changes in crime. Annual community surveys, ideally standardized across jurisdictions and with accepted sampling protocols, can measure how policing in that community affects public trust. 1.7.1 ACTION ITEM: The Federal Gov- ernment should develop survey tools and instructions for use of such a model to prevent local departments from incurring the expense and to allow for consistency across jurisdictions. 1.8 RECOMMENDATION: Law enforcement agencies should strive to create a workforce that contains a broad range of diversity including race, gender, language, life experience, and cultural background to improve understanding and effectiveness in dealing with all communities. 1.8.1 ACTION ITEM: The Federal Govern- ment should create a Law Enforcement Diversity Initiative designed to help communities diversify law enforcement departments to reflect the demographics of the community. 1.8.2 ACTION ITEM: The department overseeing this initiative should help localities learn best practices for recruitment, training, and outreach to improve the diversity as well as the cultural and linguistic responsiveness of law enforcement agencies. 1.8.3 ACTION ITEM: Successful law en- forcement agencies should be highlighted and celebrated and those with less diversity should be offered technical assistance to facilitate change. 1.8.4 ACTION ITEM: Discretionary federal funding for law enforcement programs could be influenced by that department's efforts to improve their diversity and cultural and linguistic responsiveness. 1.8.5 ACTION ITEM: Lawenforcement agencies should be encouraged to explore more flexible staffing models. 1.9 RECOMMENDATION: Lawenforcement agencies should build relationships based on trust with immigrant communities. This is central to overall public safety. 1.9.1 ACTION ITEM: Decouple federal immi gration enforcement from routine local policing for civil enforcement and nonserious crime. 1.9.2 ACTION ITEM: law enforcement agencies should ensure reasonable and equitable language access for all persons who have encounters with police or who enter the criminal justice system. APPENDIX E 1.9.3 ACTION ITEM: The U.S. Department of Justice should not include civil immigration information in the FBI's National Crime Informa- tion Center database. 2.1 RECOMNIENDATION: Lawenforcement agencies should collaborate with community members to develop policies and strategies in communities and neighborhoods disproportionately affected by crime for deploying resources that aim to reduce crime by improving relationships, greater community engagement, and cooperation. 2.1.1 ACTION ITEM: The Federal Gov- ernment should incentivize this collaboration through a variety of programs that focus on public health, education, mental health, and other programs not traditionally part of the criminal justice system. 2.2 RECOMMENDATION: Law enforcement agencies should have comprehensive policies on the use of force that include training, investigations, prosecutions, data collection, and information sharing. These policies must be clear, concise, and openly available for public inspection. 2.2.1 ACTION ITEM: Lawenforcement agency policies for training on use of force should emphasize de-escalation and alternatives to arrest or summons in situations where appropriate. 2.2.2 ACTION ITEM: These policies should also mandate external and independent criminal investigations in cases of police use of force result- ing in death, officer -involved shootings resulting in injury or death, or in -custody deaths. 87 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 2.2.3 ACTION ITEM : The task force encour- ages policies that mandate the use of external and independent prosecutors in cases of police use of force resulting in death, officer -involved shootings resulting in injury or death, or in -custody deaths. 2.2.4 ACTION ITEM: Policies on use of force should also require agencies to collect, maintain, and report data to the Federal Government on all officer -involved shootings, whether fatal or nonfatal, as well as any in -custody death. 2.2.5 ACTION ITEM: Policies on use of force should clearly state what types of information will be released, when, and in what situation, to maintain transparency. 2.2.6 ACTION ITEM: Law enforcement agen- cies should establish a Serious Incident Review Board comprising sworn staff and community members to review cases involving officer - involved shootings and other serious incidents that have the potential to damage community trust or confidence in the agency.The purpose of this board should be to identify any administra- tive, supervisory, training, tactical, or policy issues that need to be addressed. 2.3 RECOMMENDATION: Lawenforcement agencies are encouraged to implement nonpunitive peer review of critical incidents separate from criminal and administrative investigations. 2.4 RECOMMENDATION: Law enforcement agencies are encouraged to adopt identification procedures that implement scientifically supported practices that eliminate or minimize presenter bias or influence. 88 2.5 RECOMMENDATION: All federal, state, local, and tribal law enforcement agencies should report and make available to the public census data regarding the composition of their departments including race, gender, age, and other relevant demographic data. 2.5.1 ACTION ITEM: The Bureau of Justice Statistics should add additional demographic questions to the Law Enforcement Management and Administrative Statistics (LEMAS) survey in order to meet the intent of this recommendation. 2.6 RECOMMENDATION: Law enforcement agencies should be encouraged to collect, maintain, and analyze demographic data on all detentions (stops, frisks, searches, summons, and arrests). This data should be disaggregated by school and non -school contacts. 2.6.1 ACTION ITEM: The Federal Gov- ernment could further incentivize universities and other organizations to partner with police departments to collect data and develop knowl- edge about analysis and benchmarks as well as to develop tools and templates that help depart- ments manage data collection and analysis. 2.7 RECOMMENDATION: Lawenforcement agencies should create policies and procedures for policing mass demonstrations that employ a continuum of managed tactical resources that are designed to minimize the appearance of a military operation and avoid using provocative tactics and equipment that undermine civilian trust. 2.7.1 ACTION ITEM: lawenforcement agency policies should address procedures for implementing a layered response to mass demonstrations that prioritize de-escalation and a guardian mindset. 2.7.2 ACTION ITEM: The Federal Govern- ment should create a mechanism for investigating complaints and issuing sanctions regarding the inappropriate use of equipment and tactics during mass demonstrations. 2.8 RECOMMENDATION: Some form of civilian oversight of law enforcement is important in order to strengthen trust with the community. Every community should define the appropriate form and structure of civilian oversight to meet the needs of that community. 2.8.1 ACTION ITEM: The U.S. Department of Justice, through its research arm, the National In- stitute of Justice (NIJ), should expand its research agenda to include civilian oversight. 2.8.2 ACTION ITEM: The U.S. Department of Justice's Office of Community Oriented Policing Services (COPS Office) should provide technical assistance and collect best practices from existing civilian oversight efforts and be prepared to help cities create this structure, potentially with some matching grants and funding. APPEDD'E investigative contacts with citizens for reasons not directly related to improving public safety, such as generating revenue. 2.10 RECOMMENDATION: Law enforcement officers should be required to seek consent before a search and explain that a person has the right to refuse consent when there is no warrant or probable cause. Furthermore, officers should ideally obtain written acknowledgement that they have sought consent to a search in these circumstances. 2.11 RECOMMENDATION: Law enforcement agencies should adopt policies requiring officers to identify themselves by their full name, rank, and command (as applicable) and provide that information in writing to individuals they have stopped. In addition, policies should require officers to state the reason for the stop and the reason for the search if one is conducted. 2.11.1 ACTION ITEM: Oneexampleofhow to do this is for law enforcement officers to carry business cards containing their name, rank, com- mand, and contact information that would enable individuals to offer suggestions or commenda- tions or to file complaints with the appropriate individual, office, or board.These cards would be easily distributed in all encounters. 2.9 RECOMMENDATION: Lawenforcement 2.12 RECOMMENDATION: Law agencies and municipalities should refrain enforcement a encies should establish search from practices requiring officers to issue a predetermined number of tickets, citations, arrests, or summonses, or to initiate 9 and seizure procedures related to LGBTQ and transgender populations and adopt as policy the recommendation from the President's Advisory Council on HIV/AIDS (PACHA) to cease using the possession of condoms as the sole evidence of vice. 89 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 2.13 RECOMMENDATION: Law enforcement agencies should adopt and enforce policies prohibiting profiling and discrimination based on race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual orientation, immigration status, disability, housing status, occupation, or language fluency. 2.13.1 ACTION ITEM: The Bureau of Justice Statistics should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender -nonconforming people, bylaw enforce- ment officers to the Police Public Contact Survey. 2.13.2 ACTION ITEM: TheCentersfor Disease Control should add questions concerning sexual harassment of and misconduct toward community members, and in particular LGBTQ and gender -nonconforming people, by law enforce- ment officers to the National Intimate Partner and Sexual Violence Survey. 2.13.3 ACTION ITEM: The U.S. Department of Justice should promote and disseminate guidance to federal, state, and local law enforcement agencies on documenting, preventing, and addressing sexual harassment and misconduct by local law enforce- ment agents, consistent with the recommendations of the International Association of Chiefs of Police. 2.14 RECOMMENDATION: The U.S. Department of Justice, through the Office of Community Oriented Policing Services and Office of Justice Programs, should provide technical assistance and incentive funding to jurisdictions with small police agencies that take steps towards shared services, regional training, and consolidation. 90 2.15 RECOMMENDATION: The U.S. Department of Justice, through the Office of Community Oriented Policing Services, should partner with the International Association of Directors of Law Enforcement Standards and Training (IADLEST) to expand its National Decertification Index to serve as the National Register of Decertified Officers with the goal of covering all agencies within the United States and its territories. 3.1 RECOMMENDATION: The U.S. Department of Justice, in consultation with the law enforcement field, should broaden the efforts of the National Institute of Justice to establish national standards for the research and development of new technology. These standards should also address compatibility and interoperability needs both within law enforcement agencies and across agencies and jurisdictions and maintain civil and human rights protections. 3.1.1 ACTION ITEM: The Federal Gov- ernment should support the development and delivery of training to help law enforcement agencies learn, acquire, and implement technol- ogy tools and tactics that are consistent with the best practices of 21st century policing. 3.1.2 ACTION ITEM: As part of national stan- dards, the issue of technology's impact on privacy concerns should be addressed in accordance with protections provided by constitutional law. 3.1.3 ACTION ITEM: Lawenforcement agencies should deploy smart technology that is designed to prevent the tampering with or manip- ulating of evidence in violation of policy. 3.2 RECOMMENDATION: The implementation of appropriate technology by law enforcement agencies should be designed considering local needs and aligned with national standards. 3.2.1 ACTION ITEM: Law enforcement agen- cies should encourage public engagement and collaboration, including the use of community advisory bodies, when developing a policy for the use of a new technology. 3.2.2 ACTION ITEM: Law enforcement agen- cies should include an evaluation or assessment process to gauge the effectiveness of any new technology, soliciting input from all levels of the agency, from line officer to leadership, as well as assessment from members of the community. 3.2.3 ACTION ITEM: Lawenforcement agencies should adopt the use of new technolo- gies that will help them better serve people with special needs or disabilities. 3.3 RECOMMENDATION: The U.S. Department of Justice should develop best practices that can be adopted by state legislative bodies to govern the acquisition, use, retention, and dissemination of auditory, visual, and biometric data by law enforcement. 3.3.1 ACTION ITEM: As part of the process for developing best practices, the U.S. Department of Justice should consult with civil rights and civil liberties organizations, as well as law enforcement research groups and other experts, concerning the constitutional issues that can arise as a result of the use of new technologies. APPENDIX E 3.3.2 ACTION ITEM: The U.S. Department of Justice should create toolkits for the most effective and constitutional use of multiple forms of innova- tive technology that will provide state, local, and tribal law enforcement agencies with a one-stop clearinghouse of information and resources. 3.3.3 ACTION ITEM: Lawenforcement agencies should review and consider the Bureau of Justice Assistance's (BJA) Body Worn Camera Toolkit to assist in implementing BWCs. 3.4 RECOMMENDATION: Federal, state, local, and tribal legislative bodies should be encouraged to update public record laws. 3.5 RECOMMENDATION: Lawenforcement agencies should adopt model policies and best practices for technology-based community engagement that increases community trust and access. 3.6 RECOMMENDATION: The Federal Government should support the development of new"less than lethal" technology to help control combative suspects. 3.6.1 ACTION ITEM: Relevant federal agen- cies, including the U.S. Departments of Defense and Justice, should expand their efforts to study the development and use of new less than lethal technologies and evaluate their impact on public safety, reducing lethal violence against citizens, constitutionality, and officer safety. 3.7 RECOMMENDATION: The Federal Government should make the development and building of segregated radio spectrum 91 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING and increased bandwidth by FirstNet for exclusive use by local, state, tribal, and federal public safety agencies a top priority. 4.1 RECOMMENDATION: Lawenforcement agencies should develop and adopt policies and strategies that reinforce the importance of community engagement in managing public safety. 4.1.1 ACTION ITEM: Lawenforcement agencies should consider adopting preferences for seeking "least harm" resolutions, such as diver- sion programs or warnings and citations in lieu of arrest for minor infractions. 4.2 RECOMMENDATION: Community policing should be infused throughout the culture and organizational structure of law enforcement agencies. 4.2.1 ACTION ITEM: Lawenforcement agencies should evaluate officers on their efforts to engage members of the community and the partnerships they build. Making this part of the performance evaluation process places an increased value on developing partnerships. 4.2.2 ACTION ITEM: Lawenforcement agencies should evaluate their patrol deployment practices to allow sufficient time for patrol officers to participate in problem solving and community engagement activities. 4.2.3 ACTION ITEM: The U.S. Department of Justice and other public and private entities should support research into the factors that have led to dramatic successes in crime reduction in some communities through the infusion of 92 non-discriminatory policing and to determine replicable factors that could be used to guide law enforcement agencies in other communities. 4.3 RECOMMENDATION: Lawenforcement agencies should engage in multidisciplinary, community team approaches for planning, implementing, and responding to crisis situations with complex causal factors. 4.3.1 ACTION ITEM: The U.S. Department of Justice should collaborate with others to develop and disseminate baseline models of this crisis intervention team approach that can be adapted to local contexts. 4.3.2 ACTION ITEM: Communities should look to involve peer support counselors as part of multidisciplinary teams when appropriate. Persons who have experienced the same trauma can provide both insight to the first responders and immediate support to individuals in crisis. 4.3.3 ACTION ITEM: Communities should be encouraged to evaluate the efficacy of these crisis intervention team approaches and hold agency leaders accountable for outcomes. 4.4 RECOMMENDATION: Communities should support a culture and practice of policing that reflects the values of protection and promotion of the dignity of all, especially the most vulnerable. 4.4.1 ACTION ITEM: Because offensive or harsh language can escalate a minor situation, law enforcement agencies should underscore the importance of language used and adopt policies di- recting officers to speak to individuals with respect. 4.4.2 ACTION ITEM: LBW enforcement agencies should develop programs that create op- portunities for patrol officers to regularly interact with neighborhood residents, faith leaders, and business leaders. 4.5 RECOMMENDATION: Community policing emphasizes working with neighborhood residents to co -produce public safety. Law enforcement agencies should work with community residents to identify problems and collaborate on implementing solutions that produce meaningful results for the community. 4.5.1 ACTION ITEM: law enforcement agen- cies should schedule regular forums and meetings where all community members can interact with police and help influence programs and policy. 4.5.2 ACTION ITEM: Law enforcement agencies should engage youth and communities in joint training with law enforcement, citizen academies, ride-alongs, problem solving teams, community action teams, and quality of life teams. 4.5.3 ACTION ITEM: law enforcement agen- cies should establish formal community/citizen advisory committees to assist in developing crime prevention strategies and agency policies as well as provide input on policing issues. 4.5.4 ACTION ITEM: Law enforcement agen- cies should adopt community policing strategies that support and work in concert with economic development efforts within communities. APPENDIX E 4.6 RECOMMENDATION: Communities should adopt policies and programs that address the needs of children and youth most at riskfor crime or violence and reduce aggressive law enforcement tactics that stigmatize youth and marginalize their participation in schools and communities. 4.6.1 ACTION ITEM: Education and criminal justice agencies at all levels of government should work together to reform policies and procedures that push children into the juvenile justice system. 4.6.2 ACTION ITEM: In order to keep youth in school and to keep them from criminal and vi- olent behavior, law enforcement agencies should work with schools to encourage the creation of alternatives to student suspensions and expulsion through restorative justice, diversion, counseling, and family interventions. 4.6.3 ACTION ITEM: law enforcement agen- cies should work with schools to encourage the use of alternative strategies that involve youth in decision making, such as restorative justice, youth courts, and peer interventions. 4.6.4 ACTION ITEM: lawenforcement agencies should work with schools to adopt an instructional approach to discipline that uses interventions or disciplinary consequences to help students develop new behavior skills and positive strategies to avoid conflict, redirect energy, and refocus on learning. 4.6.5 ACTION ITEM: Lawenforcement agencies should work with schools to develop and monitor school discipline policies with input and collaboration from school personnel, students, 93 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING families, and community members.These policies should prohibit the use of corporal punishment and electronic control devices. 4.6.6 ACTION ITEM: Lawenforcement agencies should work with schools to create a continuum of developmentally appropriate and proportional consequences for addressing ongo- ing and escalating student misbehavior after all appropriate interventions have been attempted. 4.6.7 ACTION ITEM: Lawenforcement agencies should work with communities to play a role in programs and procedures to reintegrate juveniles back into their communities as they leave the juvenile justice system. 4.6.8 ACTION ITEM: Law enforcement agen- cies and schools should establish memoranda of agreement for the placement of School Resource Officers that limit police involvement in student discipline. 4.6.9 ACTION ITEM: The Federal Govern ment should assess and evaluate zero tolerance strategies and examine the role of reasonable discretion when dealing with adolescents in consideration of their stages of maturation or development. 4.7 RECOMMENDATION: Communities need to affirm and recognize the voices of youth in community decision making, facilitate youth -led research and problem solving, and develop and fund youth leadership training and life skills through positive youth/police collaboration and interactions. 94 4.7.1 ACTION ITEM: Communities and law enforcement agencies should restore and build trust between youth and police by creating pro- grams and projects for positive, consistent, and persistent interaction between youth and police. 4.7.2 ACTION ITEM: Communities should develop community- and school-based evidence -based programs that mitigate punitive and authoritarian solutions to teen problems. 5.1 RE COMMENDATION: The Federal Government should support the development of partnerships with training facilities across the country to promote consistent standards for high quality training and establish training innovation hubs. 5.1.1 ACTION ITEM:Thetraininginnovation hubs should develop replicable model programs that use adult -based learning and scenario -based training in a training environment modeled less like boot camp.Through these programs the hubs would influence nationwide curricula, as well as instructional methodology. 5.1.2 ACTION ITEM: The training innovation hubs should establish partnerships with academic institutions to develop rigorous training practices, evaluation, and the development of curricula based on evidence -based practices. 5.1.3 ACTION ITEM: The Department of Justice should build a stronger relationship with the International Association of Directors of Law Enforcement (IADLEST) in order to leverage their network with state boards and commissions of Peace Officer Standards and Training (POST). 5.2 RECOMMENDATION: Law enforcement agencies should engage community members in the training process. 5.2.1 ACTION ITEM: The U.S. Department of Justice should conduct research to develop and disseminate a toolkit on how law enforcement agencies and training programs can integrate community members into this training process. 5.3 RECOMMENDATION: Law enforcement agencies should provide leadership training to all personnel throughout their careers. 5.3.1 ACTION ITEM: Recognizing that strong, capable leadership is required to create cultural transformation, the U.S. Department of Justice should invest in developing learning goals and model curricula/training for each level of leadership. APPEND:,< E 5.5 RECOMMENDATION: The U.S. Department of Justice should instruct the Federal Bureau of Investigation to modify the curriculum of the National Academy at Quantico to include prominent coverage of the topical areas addressed in this report. In addition, the COPS Office and the Office of Justice Programs should work with law enforcement professional organizations to encourage modification of their curricula in a similar fashion. 5.6 RECOMMENDATION: POSTsshould make Crisis Intervention Training (CIT) apart of both basic recruit and in-service officer training. 5.6.1 ACTION ITEM: Because of the impor- tance of this issue, Congress should appropriate funds to help support law enforcement crisis intervention training. 5.3.2 ACTION ITEM: The Federal Government 5.7 RECOMMENDATION: POSTs should should encourage and support partnerships be- tween law enforcement and academic institutions to support a culture that values ongoing education and the integration of current research into the development of training, policies, and practices. 5.3.3 ACTION ITEM: The U.S. Department of Justice should support and encourage cross -discipline leadership training. 5.4 RECOMMENDATION: The U.S. Department of Justice should develop, in partnership with institutions of higher education, a national postgraduate institute of policing for senior executives with a standardized curriculum preparing them to lead agencies in the 21 st century. ensure that basic officer training includes lessons to improve social interaction as well as tactical skills. 5.8 RECOMMENDATION: POSTs should ensure that basic recruit and in-service officer training include curriculum on the disease of addiction. 5.9 RECOMMENDATION: POSTS should ensure both basic recruit and in-service training incorporates content around recognizing and confronting implicit bias and cultural responsiveness. 5.9.1 ACTION ITEM: Lawenforcement agencies should implement ongoing, top down training for all officers in cultural diversity and 95 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING related topics that can build trust and legitimacy in diverse communities. This should be accom- plished with the assistance of advocacy groups that represent the viewpoints of communities that have traditionally had adversarial relationships with law enforcement. 5.9.2 ACTION ITEM: Law enforcement agen- cies should implement training for officers that covers policies for interactions with the LGBTQ population, including issues such as determining gender identity for arrest placement, the Muslim, Arab, and South Asian communities, and immi- grant or non-English speaking groups, as well as reinforcing policies for the prevention of sexual misconduct and harassment. 5.10 RECOMMENDATION: POSTs should require both basic recruit and in-service training on policing in a democratic society. 5.11 RECOMMENDATION: The Federal Government, as well as state and local 5.13 RECOMMENDATION: The U.S. Department of Justice should support the development and implementation of improved Field Training Officer programs. 5.13.1 ACTION ITEM: The U.S. Department of Justice should support the development of broad Field Training Program standards and training strategies that address changing police culture and organizational procedural justice issues that agencies can adopt and customize to local needs. 5.13.2 ACTION ITEM: The U.S. Department of Justice should provide funding to incentivize agencies to update their Field Training Programs in accordance with the new standards. 6.1 RECOMMENDATION: The U.S. Department of Justice should enhance and further promote its multi -faceted officer safety and wellness initiative. agencies, should encourage and incentivize 6. 1.1 ACTION ITEM: Congress should higher education for law enforcement officers. establish and fund a national'Blue Alert"warning system. 5.11.1 ACTION ITEM: The Federal Gov- ernment should create a loan repayment and forgiveness incentive program specifically for policing. 5.12 RECOMMENDATION: The Federal Government should support research into the development of technology that enhances scenario -based training, social interaction skills, and enables the dissemination of interactive distance learning for law enforcement. 96 6.1.2 ACTION ITEM: The U.S. Department of Justice, in partnership with the U.S. Department of Health and Human Services, should establish a task force to study mental health issues unique to officers and recommend tailored treatments. 6.1.3 ACTION ITEM: The Federal Govern- ment should support the continuing research into the efficacy of an annual mental health checkfor officers, as well as fitness, resilience, and nutrition. 6.1.4 ACTION ITEM: Pension plans should recognize fitness for duty examinations as defin- itive evidence of valid duty or non -duty related disability. 6.1.5 ACTION ITEM: Public Safety Officer Benefits (PSDB) should be provided to survivors of officers killed while working, regardless of wheth- er the officer used safety equipment (seatbelt or anti -ballistic vest) or if officer death was the result of suicide attributed to a current diagnosis of duty -related mental illness, including but not limited to post-traumatic stress disorder (PTSD). 6.2 RECOMMENDATION: Law enforcement agencies should promote safety and wellness at every level of the organization. 6.2.1 ACTION ITEM: ThoughtheFed- eral Government can support many of the programs and best practices identified by the U.S. Department of Justice initiative described in recommendation 6.1, the ultimate responsibility lies with each agency. 6.3 RECOMMENDATION: The U.S. Department of Justice should encourage and assist departments in the implementation of scientifically supported shift lengths by law enforcement. 6.3.1 ACTION ITEM: The U.S. Department of Justice should fund additional research into the efficacyof limiting the total number of hours an officer should work within a 24 -48-hour period, including special findings on the maximum num- ber of hours an officer should work in a high risk or high stress environment (e.g., public demon- strations or emergency situations). APPENDIX E 6.4 RECOMMENDATION: Every law enforcement officer should be provided with individual tactical first aid kits and training as well as anti -ballistic vests. 6.4.1 ACTION ITEM: Congress should authorize funding for the distribution of law enforcement individual tactical first aid kits. 6.4.2 ACTION ITEM: Congress should reauthorize and expand the Bulletproof Vest Partnership (BVP) program. 6.5 RE COMMENDATION: The U.S. Department of Justice should expand efforts to collect and analyze data not only on officer deaths but also on injuries and "near misses." 6.6 RECOMMENDATIOS: Lawenforcement agencies should adopt policies that require officers to wear seat belts and bullet-proof vests and provide training to raise awareness of the consequences of failure to do so. 6.7 RECOMMENDATION: Congress should develop and enact peer review error management legislation. 6.8 RECOMMENDATION: The U.S. Department of Transportation should provide technical assistance opportunities for departments to explore the use of vehicles equipped with vehicle collision prevention "smart car"technology that will reduce the number of accidents. 97 FINAL REPORT OF THE PRESIDENT'S TASK FORCE ON 21ST CENTURY POLICING 7.1 RECOMMENDATION: The President should direct all federal law enforcement agencies to review the recommendations made by the Task Force on 21 st Century Policing and, to the extent practicable, to adopt those that can be implemented at the federal level. 7.2 RECOMMENDATION: The U.S. Department of Justice should explore public- private partnership opportunities, starting by convening a meeting with local, regional, and national foundations to discuss the proposals for reform described in this report and seeking their engagement and support in advancing implementation of these recommendations. 7.3 RG COMMENDATION: The U.S. Department of Justice should charge its Office of Community Oriented Policing Services (COPS Office) with assisting the law enforcement field in addressing current and future challenges. For recommendation 7.3, the COPS Office should consider taking actions including but not limited to the following: Create a National Policing Practices and Accountability Division within the COPS Office. Establish national benchmarks and best practices for federal, state, local, and tribal police departments. 98 Provide technical assistance and funding to national, state, local, and tribal accreditation bodies that evaluate policing practices. Recommend additional benchmarks and best practices for state training and standards boards. Provide technical assistance and funding to state training boards to help them meet national benchmarks and best practices in training methodologies and content. Prioritize grant funding to departments meeting benchmarks. Support departments through an expansion of the COPS Office Collaborative Reform Initiative. Collaborate with universities, the Office of Justice Programs and its bureaus (Bureau of Justice Assistance [BJA], Bureau of Justice Statistics [BJS], National Institute of Justice [NIJ], and Office of Juvenile Justice and Delinquency Prevention [OJJDP]), and others to review research and literature in order to inform law enforcement agencies about evidence -based practices and to identify areas of police operations where additional research is needed. Collaborate with the BJS to • establish a central repository for data concerning police use of force resulting in death, as well as in -custody deaths, and disseminate this data for use by both community and police, • provide local agencies with technical assistance and a template to conduct local citizen satisfaction surveys, compile annual citizen satisfaction surveys based on the submission of voluntary local surveys, develop a national level survey as well as surveys for use by local agencies and by small geographic units, and develop questions to be added to the National Crime Victimization Survey relating to citizen satisfaction with police agencies and public trust. Collaborate with the BJS and others to develop a template of broader indicators of performance for police departments beyond crime rates alone that could comprise a Uniform Justice Report. PPENDI • Collaborate with the NIH and the BJS to publish an annual report on the"State of Policing" in the United States. Provide supportto national police leadership associations and national rank and file organizations to encourage them to implement task force recommendations. Work with the U.S. Department of Homeland Security to ensure that community policing tactics in state, local, and tribal law enforcement agencies are incorporated into their role in homeland security. 99 "When any part of the American family does not feel like it is being treated fairly, that's a problem for all of us. It means that we are not as strong as a country as we can be. And when applied to the criminal justice system, it means we're not as effective in fighting crime as we could be." President Barack Obama These remarks underpin the mission of the President's Task Force on 21 st Century Policing: to identify ways to build trust between citizens and their law enforcement officers so that all components of a com- munity treat one another fairly and justly and are invested in maintaining public safety in an atmosphere of mutual respect. U.S. Department of Justice Office ofCommunity Oriented Policing Services 145 N Street NE Washington, DC 20530 To obtain detallson COPS Office programs, ca I I the COPS Office Response Center at 800-421-6770. Visit the COPS Office on i ne at www.cops.usdoj.gov. eon 522679 Published 2015 0 Kellie Tuttle From: City of Iowa City<CityoflowaCity@public.govdelivery.com> Sent: Thursday, October 29, 2015 10:09 AM To: Kellie Tuttle Subject: Election day voting schedule SHARE Having trouble viewing this email? View it as a Web page. ��ty°f 10WACITY FOR IMMEDIATE RELEASE Date: 10/29/2015 Contact: Marian K. Karr, City Clerk Phone: 319-356-5041 Election day voting schedule The City Council election is November 3, 2015, and four Council seats will be on the ballot. All Iowa City voters will have the same contests on the ballot, and may vote on both of the district races and the at large race. Person wishing to vote early may do so in person at the Auditor's Office, 913 South Dubuque Street weekdays 7:45 - 5:30 through Monday, November 2. In addition satellite voting is available at the following locations: University of Iowa Hospitals and Clinics, Fountain Lobby Thursday, October 29 and Friday, October 30, 10 a.m. to 4 p.m. Iowa City Public Library Thursday, October 29, 10 a.m. to 6 p.m. Friday, October 30, 10 a.m. to 4 p.m. Sunday, November 1, 12 p.m. to 5 p.m. Polls open on Election Day, November 3 at 7:00 AM and close at 8:00 PM. A complete list of polling places is available at the Johnson County Auditor's website. A wit AW 11 CITY OF IOWA CITY UWSCO CITY OF III IRATM Questions? Contact Us LISTENING POST SUMMARY REPORT Date: October 15, 2015 Location: West side Java House Time of Listening Post: 6 pm — 8 pm Council Members Attending: Michelle Payne and Rick Dobyns Approximate number who attended: 3 Topics discussed (bullet points): • Snow removal (green zone); thaw and refreeze too • At Benton & Mormon Trek stop northbound traffic and let southbound left onto Benton • Airport — How to make more welcoming for those who enter City this way • Oakcrest St. — between Sunset and George needs fixing • Kiwanis Park has started — GREAT • Started doing leaves — GREAT (upkeep) • More parks personnel to take care of parks • Mormon Trek to three lanes; move 35 mph to just end of the divided Parkway; replace trees by Farmers Ins. • At Mormon Trek & Hawkeye Ct. remove prairie grass that obstructs views • Pleased with Oaknoll's expansion • 1st Ave & RR crossing— pumps for rainwater? • University students — tenants How can City help make sure tenants and landlords have the best lease agreements Nothing —civil relationship Recycling for apartments How can the City maintain good relationships with University Public Comments on this location of listening post: Great location; very convenient Public Comment on future locations of the listening post: Same type of place Public Comments on the listening posts: Like the idea of listening posts — like the two way communication Any items/things that would improve future listening posts: Post on FaceBook in addition to News Release List all the locations for the entire year so people can decide where to go s:listeningposts/report MINUTES OF THE JOINT MEETING BETWEEN JOHNSON COUNTY BOARD OF SUPERVISORS — IOWA CITY COMMUNITY SCHOOL DISTRICT — CITY OF IOWA CITY — CITY OF CORALVILLE — CITY OF NORTH LIBERTY — OTHER JOHNSON COUNTY MUNICIPALITIES AND SCHOOL DISTRICTS MONDAY, OCTOBER 19, 2015 IOWA CITY COMMUNITY SCHOOL DISTRICT EDUCATIONAL SERVICES CENTER — ROOM 142 A 1725 N DODGE STREET IOWA CITY, IOWA 52240 Call to Order Chris Lynch called the meeting to order at 4:30 pm. Welcome and Introductions Elected Officials introduced themselves as follows: Iowa City City Council Members: Mayor Matt Hayek, Susan Mims, Jim Throgmorton, Kingsley Botchway II, Terry Dickens; North Liberty City Council Members: Mayor Amy Nielsen, Chris Hoffman, Brian Wayson, Terry Donahue; Coralville City Council Members: Mayor John Lundell, Jill Dodds, Mitch Gross; Iowa City Community School District: Chris Lynch, Brian Kirschling, Chris Liebig ; Johnson County Board of Supervisors: Pat Harney, Terrence Neuzil, and Rod Sullivan; University Heights: Mayor Louise From; Hills: Mayor Tim Kemp Swisher: Mayor Chris Taylor; Solon: Mayor Steve Stange Update from County and jurisdictions on the minimum wage ordinance (City of Iowa City) Harney reviewed a draft plan for the Johnson County Minimum Wage Advisory Committee: 1. Committee will be between 7 and 11 members. 2. A member of the Board of Supervisors will serve as an ex officio member. Staff will be provided by Board of Supervisors Office. 3. After initial staggered appointments, terms will be for three years. 4. Duties of the Committee will be to: a. Beginning in 2018, by March 1st of each year, make a recommendation to the Board of Supervisors regarding the proposed level of minimum wage to be announced by April 1st of that year pursuant to county ordinance. b. Invite community input and education regarding local economics. c. Make recommendations to the Board of Supervisors, other local governments and community groups regarding legislative issues and other policy proposals relative to matters affecting household income. 5. In recruiting and selecting members for the Committee, the Board of Supervisors will seek representation from a wide variety of interests and occupations, including the following constituencies are preferred but not required: a. Laborunions b. Low income workers c. Business/Employers d. Academics with specialized knowledge in related fields such as economics, law, social work, etc. e. Social service providers f. State or municipal elected officials g. Community groups such as i. Chamber of Commerce ii. ICAD iii. Center for Worker Justice 6. Plan forimplementation a. Board of Supervisors to review resolution and organizational rules on October 22nd b. Approve resolution on October 28th. c. Advertise through November and appoint in early December. Harney stated they want representation of both sides, positive and negative. Mims inquired of implementation date of new wage. It would be announced in April and implemented in January. Hayek reported that Iowa City looked at this and Council decided not to take action one way or another on this ordinance. The two big questions were the legal question and the need for an economic analysis on impact of the county's minimum wage. He stated council agreed it wants to pursue this but hasn't defined what that will look like. He thinks they will be asking staff to take a look at the impact of the minimum wage between employment sectors and types of employers. Lundell stated Iowa City Council has had more discussion on the topic than Coralville Council. He stated he believes there is a mixture of support for it but there has been no in depth conversations on the topic. They are waiting to see the legal aspect and would like Iowa City to share information from their study. Mims stated any information the County has regarding analysis could be shared as well. Gross expressed the need for more collaboration and improved communication going forward. Kemp agreed stating Hills was not contacted. He stated the way people who do not support this ordinance have been portrayed in the media by the Board is not appropriate. Stagg stated that is by one County supervisor, the rest have been very professional. Hoffman stated he was under the impression the ordinance would be pegged to the consumer price index increase going forward. Sullivan stated it is pegged to it however the charge of the committee is to review what that would be and advise based upon factors that come into play. Hayek inquired if the group would have subjective data. Sullivan stated they will get them what they need to be successful. Hoffman inquired where people will be allowed to provide input. Sullivan stated through public hearing or directly to council. Botchway stated there are still a lot of questions on impact and businesses have expressed disappointment about not being part of the conversation. He stated a study is very important to look at the impact. Throgmorton stated in regard to objective impact he has been told there is information available on a national scale but it is hard to identify specific data that applies to Johnson County. Hayek stated as he understands it the county ordinance basically tracks whatever exemptions there are in state code. He believes the analysis Iowa City will do will look at that as there may be areas of our local economy that should be considered for similar protection. He stated there are a hand full of nonprofits primarily based in Iowa City that provide services to disabled populations in home. They forecasted a severe impact to their budgets. Botchway stated the need to pay attention to possible loop holes in the ordinance. Harney stated it would really have to be looked at as the cost of living in Johnson County vs state-wide. Cost of living is higher in Johnson County and poverty is higher. Taylor stated if you are going to take it from state level to county level why not take it down to the city level as the cost of living in Swisher is going to be vastly different than the cost of living in Coralville. Sullivan stated doing it county wide allows each city to do what they want to. Mims inquired if there has been any word from the State regarding the legality of this ordinance. Sullivan stated there has been no official correspondence. Nielsen reported that the complaint they are hearing from small businesses in North Liberty is they have not heard anything from the county as far as being notified that this new wage is going to be in effect, when it is going to be in effect, and enforcement. They would like to see the county reach out to people as there are too many implications and this will have a big effect on small businesses. She stated North Liberty will take a wait and see approach but keep a close eye on what is going on. Legislative Priorities (Iowa City Community School District) Lynch distributed an ICCSD legislative priority brochure. Lynch requested that as municipalities develop their legislative priorities they consider adopting adequate and timely funding for K-12 education. ICCSD has simplified their legislative priorities to one priority of adequate and timely funding. Sullivan stated there is a property tax backfill that went into action recently and legislators are already hearing why are we backfilling this when it was just a year ago. He thinks it will happen quickly that cities and counties and that property tax backfill will be pivoted against school districts for that money and to the extent that everyone can say we need both, it was passed with the promise to backfill. He hopes ICCSD remembers that when they are lobbying and we can all work together on it. Facilities Master Plan (Iowa City Community School District Lynch distributed a document of the 2015 ICCSD Facilities Master Plan update with Athletics Master Plan. The document shows a visual, details, and timing. He stated the timing is an opportunity to perhaps do some joint reinvestment or joint marketing in various communities. He stated since the committee met last time Alexander Elementary has opened, Twain renovations have been completed with a grand opening on October 30, Van Allen and City additions are moving forward, and Liberty High is in process. He stated Coralville Central, Hills and Lucas are future milestones to possibly collaborate on. Nielsen stated another opportunity is as North Liberty begins to do work on N. Dubuque Street and North Liberty Road, collaboration with the County and Coralville is possible. Board Onboarding (Iowa City Community School District) Lynch stated he has received a lot of questions about the Board onboarding. The ICCSD school board has five new members and steps were made to bring them up to speed. He stated it started when the deadline to file ended with links to information sent to all candidates. They were also asked to hold dates in their calendar for an October 4 Board retreat and training days which allowed for acceleration in training. Since the first full meeting with the new Board seated there has been a full retreat, two onboarding work sessions and the new Board members have attended the IASB new board member orientation. A different approach used is that all training was done in work sessions which are open meetings. The Board went through the Leadership for Student Learning and were able to develop common objectives, focus areas, and action plans. From stated she was glad to hear there were more open sessions. Hoffman stated it is an excellent model and can serve as a model for a lot of entities. Iowa Arena Project Update (City of Coralville) Lundell stated that he, City Manager Kelly Hayworth, and Josh Schamberger of Iowa City/Coralville Convention and Visitors Bureau have been presenting the Iowa River Landing Area project to various organizations. The presentation involves where they have come, where they are at, and where they are going. Hayworth distributed a project summary handout. Schamberger presented a Power Point presentation of the project showing the schematic designs as well as project summaries. Iowa Arena The Iowa Arena will be an approximately 7,000 -seat multi-purpose facility located on 9th Street atthe gateway to the Iowa River Landing district. The arena will contain a single full-size sheet of ice to support the demands of the University of Iowa Club hockey team, the Iowa Ice Hawks and Iowa City/Coralville Youth Hockey teams, the Blizzards. Developers are also targeting a possible USHL collaboration. Itwill have the flexibility to host a number of athletic events and tournaments, from wrestling and basketball -3- to indoor footbaII and soccer, in addition to concerts and special events such as graduation ceremonies. Projected construction budget: $45,912,572 Iowa Fitness & Sports Performance Institute (IFSPI) The Institute will operate as a one -of -a -kind, state of the art, multi -use facility for athletes of all ages and disciplines, with opportunities for community -engaging curriculum through youth sports and elite level (collegiate & professional) sports science apparatuses.Thetwo-level IFSPI facility would be directly connected to the proposed Iowa Arena, and many athletic/training events would share crossover opportunities. Lower Level Fieldhouse Plan -Youth sports clubs and middle/high school athletes from across Iowa and our region would benefit from four indoor multi-purpose courts.These areas would be used for practicing and competing year-round. Dedicated programs on this surface would also be available to those training for collegiate or advanced competition. This private and group instruction would take place daily and be operated bya staff of elite level coaches and trainers. Similarly, specialty camps for all levels of youth sport would be scheduled over the summer months. Concourse Level Plan -The second level ofthe space is dedicated to sports science and advanced training metrics in human performance lab. Industry professionals including physical therapists, nutritionists, and specialized strength and conditioning coaches will lead evaluation and instruction. Athletes training for a professional career would benefit from elite level consultation in the lab on biomechanics, nutrition, psychology, strength and conditioning, and speed and agility. This group would heavily utilizetheweights and cardia area, aswellasthefour-Iane,60-ydtrackand 30 -yd field turf surfaces. Projected construction budget: $17,597,542 Museum/Retail The Museum/Retail building is a mixed-use, multi -story building on the north end and adjacent to Iowa Arena, on the south side of E. 9th Street in the Iowa River Landing. This space will dedicate 25,000 square feet to a permanent home for the Antique Car Museum of Iowa and Johnson County Society Historical Museum; 25,000 square feet to office space; and 25,000 square feet to retail space. Drury Hotel This hotel will be just the second Drury property in the state of Iowa, the first located in West Des Moines. The Iowa River Landing location will be a 180 -room facility with a limited amount of meeting and conference space. Keeping with Drury Hotel traditions, guests will be treated to complimentary food and drinks during certain hours and Wi-Fi service. Hotel 2/Mixed Use Hotel 2 will be a new lessor that currently owns and operates two additional hotels within the market and three others throughout Iowa and Nebraska.This mixed-use building will feature a 120 -room hotel property, with a physical connection and walkway to the Iowa Fitness & Sports Performance Institute.To maximize the commercial value of the property, the main level will provide 6-8,000 square feet of retail space, which allows for easy flow of foot -traffic to area businesses from the arena and surrounding attractions. Parking Ramp Located along E.2nd Street, a 750 -space, three-level ramp will serve Druryinnguests, University of Iowa Hospital and Clinic patients, and arena patrons.The addition of this ramp tothe Iowa River Landing will increase availability of parking as the amenities increase. Mixed Use 1 The Quarry Road Mixed Use building is a three-story building on the corner of E. 9th Street and Quarrythat will consistof40,000 square feet for ground -level, indoor parking; 20,000 square feetfor retail space; and 60,000squarefeetfor residential condominiums. The Museums are currently located in this location; when the Museums have relocated to their new, permanent home, demolition of the building will occur and new construction will begin. Building C Building C is presented as a single project, though there will be two separate structures. Building C is composed of mixed use, multi -story buildings on the corner of East 2nd Avenue and East 9th Street inthe Iowa River Landing. It includes underground parking, first floor retail space, 13 luxurytownhomes for owner occupancy, and 64 urban condominiums available for lease in a variety of styles for, including efficiency and one- and two-bedroom units.Total square footage for the project is 158,781. BuildingG Building G will be mixed use, multi -story building east of Building C on East 9th Street in the Iowa River Landing. The building footprint is 17,080 square feet, with four floors totaling 68,320 square feet. The planned building includes retail space of 7,080 square feet on the first floor as well as a 10,000 square foot restaurant.The three upperfloors will offer residential space. Hayworth stated they are meeting with as many different users as possible prior to the final design and will take as many into account as possible. Haworth explained the sales tax funding stating it can be no more than an 85 acre district and any new sales tax permit applied for in that district after the State gives you the go ahead, you are able to capture the funding from that sales tax. Four of the five cents of the State's portion goes into a fund to pay either the bonds or cash loan. He stated it is sales and excise tax. Botchway inquired of the potential for job creation in that area. Hayworth stated they are working on that now and will have it all put together in the next few weeks. Hayworth stated there is one more hurdle which is the details of the original application. They have to provide exact details of what they will do for each piece. He stated it is an all or nothing deal; all buildings have to be built or it is nothing. Hayworth stated the successful arenas are the ones that open and operate without paying debt. If you can have the debt taken care of up front most can operate at least at break even. He stated the Coralville Mayor and Council have been very clear that this operation needs to open debt free. Update from Regional Affordable Housing Group (Count Andy Johnson stated this is a group that was formed in response to a letter sent by the school district regarding housing issues. There have been two meetings and the goal is to set up a meeting schedule to meet quarterly. He stated the committee is still finding their way on what the role is and what kind of recommendation they can bring forward. At the last meeting they discussed definitions for common terms and spent a little time looking at the formation of a regional home consortium however a preliminary examination indicated there could possibly be some loss of fund by doing that. Since that time home funds going to Iowa City have essentially been cut in half and the future of the program is uncertain. The next meeting will be in December where they will follow up on discussions the district started in that one role of the group could be to look at issues entities could bring forward at the state and federal level regarding various funding sources. They will also discuss district facility planning and transportation planning. Disproportionate Minoritv Contact Issues (Count Sullivan stated this is a two part issue. He reminded everyone that the county started a committee to look at disproportionate minority contact issues when they were talking about an attempt to have a new facility for the court house and jail. When that did not get enough votes they continued forward with the idea of having a committee. They were starting to make progress. They county had set aside some money for funding and they learned they had an opportunity for a grant which they applied for but did not get. The committee has not done much in the last four or five months but would like to pick the pace back up and would love to have participation from anyone. There is a little bit of model in that they have been doing the disproportionate minority contact required by law for juveniles for quite some time. LaTasha DeLoach will help inform the committee what they do on the juvenile end and how we can transfer some of that to the adult end. He stated the other part is he had an opportunity to attend a Joint Emergency Communication Center Board meeting with DeLoach where they had the opportunity to talk about points of contact. He stated decisions to send S vehicles are made by the local entity. That means we need to look closer at our own organizations as this means decisions are being made by us. Participation by University of Iowa in future meetings (Count Neuzil stated it would be an opportunity with the new president at the University of Iowa to extend an invitation that the University be aware of these meetings and potentially participate. He stated when you think about the kind of interaction the University has with our community it is pretty intense and there are times where there really is opportunity for collaboration community wide. He inquired how others felt about University of Iowa being invited to these meetings and maybe find some subjects, particularly on the facilities side and the public safety side. Those around the table were comfortable with that. Neuzil thought perhaps as we redefine this we could look at the title of what these meetings actually are. Everyone was comfortable with Joint Entities Meeting. Hayek stated as this group goes forward it would be valuable for the group to define the purpose of these meetings and what the individual entities hope to accomplish. He stated there is value in getting together around the table however defining an objective and focus would be helpful. Throgmorton agreed and stated one striking piece of this organization is it has no authority. He stated possibilities emerge among dialogue and discussion. Hoffman stated he believes it has to do with what are ways to collaboratively work together. Botchway stated that if we are going to be collaborative it would be a good thing to talk about some major issues. Dodds stated there is so much talk about communication plans between cities and it seems like there are a lot of rules written for everyone to try to stay and line with. She thinks what this group could be is a real living communication plan that is in action all of the time. She believes this is where things such as the minimum wage discussion should come first for everyone to give input and collaboration be found wherever and whenever possible. It is a place to come together and work together as a whole county and she doesn't think it needs to have authority, it needs to have dialogue. Hoffman agreed with Dodds as there is a lot of good dialogue but one of the things missing has been some movement as a group or some subsection of this group for actionable purposes. Other Business Botchway stated a decorum of professionalism across entities is important. He speaks for himself in that it becomes problematic. He has received comments stating it is interesting that elected officials are allowed to act that way and there is really no recourse. Moving forward he would like to see discussion regarding communication, collaboration and a level of decorum. Gross agreed and stated the need to hold each other accountable. Nielsen stated North Liberty will be looking at instituting a contractor licensing ordinance. She stated if other entities were interested they could work to collaborate. She stated they are working with the Home Builders Association and will circulate the information regarding what they have done. Next Meeting — Set Date and Location The next meeting will be held on January 25, 2016 at North Liberty in the council chambers. Adiourn The meeting adjourned at 5:55 pm. — 6 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 15, 2015 - 7:00 PM - FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Karen Howard, Bob Miklo OTHERS PRESENT: Kevin Digmann, Josh Entler, Jerry Eyman RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of an application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID - RP) zone to Low Density Single Family (RS -5) zone and a preliminary plat of Cardinal Pointe West - Part 1, a 31 -lot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. By a vote of 7-0 the Commission recommends approval of the requested rezoning of 3.72 acres from Agricultural (A) to Residential (R) conditioned on the requirement for a shared driveway. The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none REZONING ITEM (REZ15-00020): Discussion of an application submitted by HD Capital Partners, LLC for a rezoning from Community Commercial (CC -2) zone to Riverfront Crossings - Central Crossing Subdistrict (RFC -CX) zone for approximately 1.03 acres of property located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street. Howard began the staff report showing a location map of the area. The properties are currently zoned CC -2 and the request is to rezone the properties to Riverfront Crossings - Central Crossing Subdistrict RFC -CX. The current zoning is Iowa City's general commercial zoning which calls for low scale commercial buildings with a maximum building height of 35 feet. There are no specific standards for buildings and parking other than a 10 foot front setback. Typically in most Community Commercial zones parking is located between the building and the street because they tend to be in more auto oriented locations. The current zone requires commercial buildings but is also a mixed-use zone in that residential apartments can be above the commercial by special exception. Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 2 of 12 Howard said that the requested zoning in Riverfront Crossings allows a broad mix of residential and commercial uses and buildings. The maximum building height is four stories with a 10 foot fagade step back above the third story. There can be additional stories if the developer qualifies for bonus heights up to four additional stories. Howard explained that the southern half of the South Dubuque Street block in question is a required retail frontage so it has to be built as a mixed-use building or a commercial building with store front frontage. There cannot be any residential units on the ground floor within a required retail frontage area, which is specified on the regulating plan in Riverfront Crossings. The reason that requirement is in this location is because there was an existing commercial building in that location which is close to what was the transit hub there and the Rock Island train depot. At the time of the Riverfront Crossings plan development there was still hope that there would be Amtrak service on that railway. Howard explained that there are quite a few building standards in the Riverfront Crossings Form -based Code that must be met, including fagade articulation and composition, minimum window coverage and design for both residential and commercial buildings, entrance way and frontage standards, building material standards, awning and canopy standards, and location standards for mechanical equipment to ensure they are screened from the street. The Central Crossings Subdistrict is the center of the Riverfront Crossings Zone so the Comprehensive Plan that applies to the area highlights some of the defining features of this subdistrict, including the two rail lines, the historic Rock Island Rail Depot, and Ralston Creek. The master plan objectives encourage contextual buildings, meaning that itshould maintain a rhythm of facade articulation and appropriate frontage and building types in context to its location. Additionally it should restore and enhance conditions along Ralston Creek and provide a mix of residential and retail uses and to promote new housing options for the area. The development character that is expressed in the Plan is to improve the quality of residential design and to maintain the moderate scale and intensity of use in this area. Howard showed the existing block plan and pattern and new development should respond to that design and character. In general the conceptual plans show the blocks with buildings that have mid -block open spaces. In the Code the terms mid -block breaks, such as forecourts or open air pedestrian passages and Howard showed photos of examples from other cities of such areas. She also noted that the mid -block pedestrian passageways are necessary for the retail spaces, if the parking is in the back of the building, there needs to be a way to get to the front of the building where the entrances to the retail spaces are. Howard said that Staff discussed with the applicant rather than doing a block long development there is an opportunity to do some of those urban spaces within this block face. The applicant was agreeable and Howard showed a preliminary site plan the applicant's architect created. It would be a U shaped building with a private courtyard in the center for the residents. Due to the topography of the area, the space would allow for underground parking for the building. Staff recommends approval of REZ15-00020, a proposal to rezone approximately 1.03 acres of property located within the 600 block of South Dubuque Street from Community Commercial {CC - 2} to Riverfront Crossing -Central Crossings (RFC -CX), subject to a conditional zoning agreement requiring a minimum 30 -foot wide pedestrian passage or a mid -block forecourt frontage with minimum dimensions of 30'x 30' is established upon redevelopment. Freerks asked if there was any information on proposed building height for the conceptual Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 3 of 12 development at this area. Was there an idea of the number of units and mix bedrooms. Martin asked how the developer could get bonus heights on buildings. Howard replied the Code allows for bonus height for Leed buildings, affordable housing, elderly housing, protecting historical properties, and art donation to Riverfront Crossings. She noted this area would not qualify for historic building bonus nor student housing bonuses due to the location. Theobald asked about the 30 foot wide passage or a courtyard and if that was one or the other or could it be both. She said the staff recommendation includes one or the other but not both. Howard said Staff discussed the requirement in their recommendation prior to discussing with the applicant and their architect creating a conceptual plan. Howard stated if there is a courtyard, the Code does require minimum dimensions for the size of courtyards. Freerks said that is why she would like to see a little bit more information about what is planned. Eastham noted that in the Comprehensive Plan for this area, the block in question shows more green space than what is being shown in the conceptual plan for this development. Eastham asked about the amount of green space compared to the overall Riverfront Crossings Plan. Freerks agreed and is concerned the area will just be filled with large structures and that development will not be in character with what is shown in the Riverfront Crossings Plan. Eastham asked if this rezoning is approved is Staff developing a design concept the next step. Howard answered that no, Staff does not develop the design concept, they would respond to an application of a possible building concept for the property. Eastham asked if at the time Staff could negotiate more green space. Howard stated Staff can only enforce what is in the Code, if the Commission wanted more green space than what is shown or required by the code, it would have to be a condition of the rezoning. Currently in Riverfront Crossings there is an open space requirement, it is 10 square feet per bedroom so the application must meet that requirement. She said the concept plan probably far exceeds what is required by code for open space. Freerks opened the public hearing. Kevin Digmann (HD Capital Partners) said that Karen did a good job of describing their plan. He explained their concept plan for the site. First he said the site will be developed in phases with building A first then building B will be later so there will naturally be a courtyard between them. He also noted the maximum the width of the buildings will be is 60 feet, and may very well be narrower which would provide more than the 30 foot required passage way. Additionally building B would have commercial frontage along Dubuque Street. Freeks noted that the Comprehensive Plan discusses current business placement. She said that we said we would address that as the area redevelops and feels that was lost in this plan on both the applicant's and City's part. Freerks is concerned about the existing businesses on this property and the Comprehensive Plan specifically states "as areas transition to more mixed- use pedestrian focus strategies should be developed to help businesses remain in the area or assist them to find new locations that better meet their business goals". Freerks would like some thought in the community regarding these existing businesses. She said that it may not be the applicant's job to address it, but is the City's. She would like some thought given to this by staff. If we don't we are ignoring what we said in the Plan. Digmann asked if what the existing businesses there that Freerks is speaking of. Freerks said yes that is something that was talked about when we draft the Riverfront Crossings Plan. She Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 4 of 12 said we have the small business there like the Broken Spoke bike shop and the shoe repair business. She said that it was not necessarily the developers problem, but one that the City said would be addressed in the plan. Digmann said they have had discussions with all the current businesses on the property. He said they have Kennedy Plaza nearby and offered to relocate them. Some they had already had found another place and some said they had not. Additionally he noted the businesses that are currently on the property take up less than a fourth of the total property being developed. Digmann also noted those businesses are in their locations for next to nothing rents and any development would change that factor. Dyer noted the businesses in that area have all been there for quite some time. Digmann said they are willing to extend the current leases for the businesses to May of 2017. Freerks replied that she is being upfront with her concerns. She would like to see a concept plan before voting on this rezoning application. She does not want to vote it down because of lack of information, but is not ready to vote on it at this time. Digmann noted he was encouraged by City Staff not to bring the concept plan at this time. Freerks noted that the staff is not voting on the application. Digmann understands but noted he watched the rezoning go through on the Nagle property. Freerks answered that the Nagle property did not deviate from what we had outlined in the Riverfront Crossings Plan for that area. She emphasized it matched the Plan closely and in this application it is deviating from the Plan with the removals of the cottages, removal of most of the green space as shown in the Plan and finally removal of the businesses. Additionally the concept does not show the scale of the building, the heights, density, etc. All those are questions for which she is requesting more information. Martin asked why the zoning being requested is Riverfront Crossings status rather than CC -2 zoning. Digmann said the request is because the area is Riverfront Crossings and that is the best fit for the area. They could do something similar to what they did at the Depot lot which is PRM but knows that request would be denied by the City. He also feels that CC -2 would be denied and Freerks agreed and said that the applicant going for Riverfront Crossings zoning is the best for them as they will get more benefits in density. Martin said she asked the question because the work that went into creating the Riverfront Crossings made so many opportunities for the community and she wants to hear how this project fits into the community. What does that mean for this project. Digmann said their goal is to create a quality project and market it successfully. He said we are experienced developers who did Sycamore Mall and Old Capitol Mall. We have done lots of residential projects. We aren't here to just put up cheap student housing. We want to do a quality project like the pictures that Karen has shown. We will be providing additional housing downtown, new business spaces, and provide what the community needs and wants. We have a lot invested in this community and want to do quality. Martin noted that the conceptual plan shown is not in the same quality as other project Digmann's group has done around the City and that is her concern. She was surprised when she saw it. Digmann noted that it costs tens of thousands of dollars to create such plans so they are trying to stay within the Code and Comprehensive Plan (noting yes things have changed with the cottages gone). Freerks noted that for the applicant to say it's going to be quality buildings and an upgrade for the site needs to be confirmed with the plans noting that the trust Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 5 of 12 level with regards to this property is low. Digmann said he can't help with what the prior owner did. Digman asked what further information the Commission wanted to see. Freeks explained that the Commission is asking for more information about the concept for the property, a more detailed site plan with schematics of what the buildings would look like and how they will lay out on the property, how tall the buildings will be and the approximate density. Martin asked how the concept connects to downtown. Freerks noted the current concept plan shows no guarantee to even meet the Staff recommendation. Digmann said they would be willing to do a CZA (Conditional Zoning Agreement) stating their concept must comply with the particular code. Freerks noted it is not uncommon for the Commission to ask for more detailed information as they only want what will be positive for the community. Digmann understands but asked what assurances they would have if they invest in more detailed plans. Freerks said we refer to the examples in the photos, but there is no guarantee that anything like that will be built. With more substantial plans the Commission would be better equipped to understand the plans and be able to vote accordingly. Freerks said perhaps she was the only Commissioner who was concerned with this. Eastham agreed he shared these concerns. Dyer noted her concern is that block shown on the Comprehensive Plan shows more green space and the conceptual plan is big blocks of buildings and very little green space. Digmann pointed out with regards to the green space it is really a misnomer because the space elevation changes 20 feet, so it is not usable green space. Freerks acknowledged that but noted it is still green space and part of the property landscape. Hensch noted that the property topography is steep, it has a significant drop off and a part of it is hard packed gravel. He feels the proposal is already an improvement to what is there currently. He did agree though it would be useful to see building heights, open space is also important to him and more details would be helpful, but noted it is a tough space to develop with the gravel and elevation changes and feels the form -based design gives good directions but understands if people want to see more of a concept. Digmann explained his frustration is they meet with the City and follow the direction of Staff not to submit a concept plan. Freerks asked if Staff instructed the applicant to not present more of a concept plan. Digmann said John Yapp and Doug Boothroy did. Parsons stated he doesn't necessarily want the applicant to have to spend a lot of money on this but agrees that the schematic may show the back portion and the cross through. He also noted that the staff recommendation and the current concept plan are not consistant. Dyer noted that other developers do present more detailed plans with elevations and more details. Howard noted that there is sensitivity to this block because of the cottages and Freerks said it is more than just the cottages that and there are a number of changes to this area from what was visualized in the Riverfront Crossings Plan so it's not just about the cottages and she wanted to make that clear. Hektoen noted that the Commission's job is to vote on if this application is compatible with the Comprehensive Plan and asking for more information is just to clarify questions in that regard. Eastham noted the illustration in the Comprehensive Plan for this block is not in line with what is being shown in the applicant's concept plan. Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 6 of 12 Howard said what she is hearing is that the Commission would like to see how more opens space might be incorporated into this block. Freerks and other commissioners said yes and Freerks noted she would like to see a drawing or schematic of what a structure might look like. Martin asked if the proposed concept would be LEED certified or what type of quality would the building be as just stating "quality" can be subjective. She also stated that with Riverfront Crossings it is the perfect opportunity to do something creative and innovative. Digmann said it would not be LEED certified as that is typical for an office type building but all their buildings are of high quality and the Commission is welcome to tour their buildings. Martin said that she wanted more of an understanding of what quality means, it can be subjective. Martin noted she is interested in articulation of the structure and hopes to see examples and specifics they can see so they know it will be a positive project for the area. Freerks is interested in the height and scale. Digmann said he could say now that the height would be four stories with the fourth story setback. Freeks appreciated that but that was not specified in the Staff report and recommendation so that is not what they would be voting on tonight. She is also interested in more green space and how this building will sit on the property and the streetscape in terms of mass and scale. Freerks also asked what the mix of bedrooms would be, if they would be three-bedroom units, one-bedroom units. Digmann answered it would likely be a blend but noted that until they do definitive construction documents at scale they will not know the specific mix of units. Freerks understands that but asked for what is the applicant's goal. Dyer agreed and noted that usually the applicants do come forward with more information. She also wanted to know if there would be some affordable housing, is it LEED certified, are sustainable building practices used, these are all questions the Commission reviews and in this application there is none of that information. Dyer noted this is a valuable piece of property to the community. Freerks said it is a major up-zoning. Digmann agreed and said he is not trying to be argumentative but looking at everything else in the Riverfront Crossings District that gets zoned, it is some type of up-zoning. Freerks agreed but reiterated that is why they need to see more details. Eastham reiterated that the illustration of this block in the Riverfront Crossings Plan and the illustration shows some type of commercial building along Dubuque Street, a couple of buildings on the north, the three cottages (which we know are now gone) and the concept in the application tonight is basically two large building with little open space. He said he did not expect development to match the Riverfront Plan exactly, but would like to see some notation as to why there is a deviation from that Plan. Additionally what that deviation means to the rest of the development to the Riverfront Crossings area in terms of streetscape and green space, not just the building appearance. Howard said the reason the illustration in the Comprehensive Plan was shown that way was to highlight the possibility of the preservation of the Cottages. That is why there was not a redevelopment plan for this block. Clearly that has not occurred so now it is important to figure out what would be appropriate for this site. Freerks agreed that the plan does not need to match the Riverfront Plan exactly, but feels it is from one extreme to the other. Knowing the Cottages are not there, perhaps now more green space can be achieved, or ways to address the existing businesses. Those are the deviations she is concerned about from the Comprehensive Plan to the applicant's concept. Digmann asked if the buildings in the illustration were higher heights than what his concept shows. Digmann pointed out things change and that his concept is not the only deviation to the Comprehensive Plan. Freerks said they are saying this concept is deviating in a number of Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 7 of 12 ways and in the discussion of the Nagle property there were no deviations. Digmann stated he is willing to come back to the next meeting with answers and more details as requested this evening, but wanted to note that at this stage of the project that won't have exact plans. Freerks said she understood that but the applicant now knows what the Commission is looking for. Freerks closed the public hearing. Eastham moved to defer this item until the November 5, 2015 meeting. Dyer seconded the motion. Freeks noted the discussion has been constructive and informative. She asked if there was anything else the Commission would like to add. Parsons said that this is too important of a block to take lightly. Martin added that opportunity for this property is very important for the Riverfront Crossings Plan. A vote was taken and the motion carried 7-0. REZONING/DEVELOPMENT ITEM (REZ15-00018/SUB15-00023): Discussion of an application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID -RP) zone to Low Density Single Family (RS - 5) zone and a preliminary plat of Cardinal Pointe West — Part 1, a 31 -lot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. Miklo began the staff report showing illustrations of the property. The area has been zone Interim Development - Research Park (ID -RP) to reflect possible development of an office park along Highway 218. When the Comprehensive Plan for the area was updated this area became a concept that envisioned a "conservation -type" development including residential and commercial uses in the area surrounding Camp Cardinal Boulevard. The application is for the northern portion of the area, however if approved this evening, Preston Lane will continue to the south to connect to Camp Cardinal Boulevard, and the potential for of single-family, townhouse and multi -family development to the south of the current proposal. Miklo pointed out the concept plan for future phases, showing Preston Lane extending to the south and the possibility of multifamily or townhouses being clustered to transfer development away from the wooded ravines. The application is to rezone the property to RS -5 which Staff has determined does comply with the Comprehensive Plan. The plan is to do a residential subdivision with a loop street, Ava Circle and a north/south street, Preston Lane. Parsons asked why the street was named Preston Lane to the left of Kennedy Parkway and Vintage Boulevard to the right. Miklo replied that area to the north of Kennedy Parkway is in Coralville where the street is named Vintage Drive. The street south of Kennedy Parkway will intersect with Preston Drive farther to the south in Iowa City. So to keep it consistent, the Iowa City portion of the street between Kennedy Parkway and Camp Cardinal Boulevard will be named Preston Lane. Miklo noted there are some sensitive areas on the property but most of those are being set Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 8 of 12 aside in future development stages. In this stage there will be some grading and tree clearing in the back of the RS -5 lots and some grading and tree clearing to allow for the stormwater management basin. But even with the grading and tree clearings, it is below the threshold for the sensitive area rezonings with less than 50% of the woodlands and less than 35% of the critical slopes on the site. The City Engineer has reviewed and is satisfied with the stormwater management plan and it will drain into a detention basin. Staff recommends approval of REZ15- 00018/SUB 15-00023 a rezoning of16.18acresfrom Interim Development—Research Park (ID- RP) zone to Low Density Single -Family Residential (RS -5) and a preliminary of Cardinal Point West — Part 1, 31 -lot residential subdivision located south of Kennedy Parkway and west of Camp Cardinal Boulevard. Hensch asked if there would be any connections to the existing Deer Creek Road. Miklo stated that Deer Creek Road runs parallel to Highway 218 and there will not be any connections to that road. There is a possibility Deer Creek Road may be vacated in the future. Miklo pointed out that the future alignment of Highway 965 is just to the west, but there are no plans to build it in the near-term. Parsons assumed that the quarry to the north will not be going away anytime soon. Miklo agreed and indicated that the quarry is not within Iowa City's jurisdiction. Hensch asked if the water structure to the south was connected to this development. Miklo said that was designed when Camp Cardinal Boulevard was built and it may have some capacity for this subdivision but the City Engineer determinedd the current proposal must provide its own stormwater management. Eastham asked if consideration was made to go ahead with the rezoning for the entire area so that it would clearly state future development in the area would be townhomes and multi -family. He said that it is close the elementary school. Miklo said the applicant only requested this parcel, they are responding to the market at this time. He said the concept plan shows the intention for the remainder of the property include multifamily and townhouses. He noted that there will need to be some changes to the concept plan to meet code requirements. Miklo noted that with this development the sidewalk will be constructed (outside of this subdivision) along the south side of Kennedy Parkway to connect with Camp Cardinal Boulevard. Freerks opened the public hearing. Josh Entler (Southgate Companies) addressed the walkability to the elementary school and noted they will install an 8 foot wide trail along the north side of Kennedy Parkway and will install the 5 foot sidewalk along the south side of Kennedy Parkway from Preston Lane to provide access to the elementary school. To address the question of rezoning the whole area: they did not want commit to a master plan of the whole area and need to see how the market will drive future development. With regards to the stormwater management, the current pond to the south will be impacted but in a quality and quantity controlled manner. The developments stormwater basin will overflow and drain to the pond and other stream ways in the area, but will be controlled. He explained that the ownership of the pond is broken up into a pond association which means anyone whose water (either through piping or hard surface) drains into the pond is part of the ownership, so it is just not Southgate's responsibility. Entler noted that they will be clearing as few trees as possible, they share a desire to preserve as much of the woodlands as possible. Freerks said that the woodlands does provide a good buffer that can't be easily replaced. Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 9 of 12 Hensch asked what the density of the development will be when fully developed. Entler was not able to say exactly what the final number would be a this time, the plans for the whole area have undergone several revisions. Hensch noted his concern is the number of vehicles and pedestrians all relying on just one entrance onto Camp Cardinal Boulevard, and when might Highway 965 be extended. Entler did not have information on that highway extension. Miklo did point out that when Preston Lane is extended to intersect with Camp Cardinal Boulevard, it will provide two ways in and out of the area. Hensch asked what the price point for the single family dwellings in this development will be. Enstler could only give a guess on what the price point would be and thought maybe in the range of $250,000 to $325,000. Freerks close the public hearing. Hensch moved to approve application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID -RP) zone to Low Density Single Family (RS -5) zone and a preliminary plat of Cardinal Pointe West - Part 1, a 31 -lot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. (REZ15-000181SUB15-00023) Parsons seconded the motion. Freerks said it was good to see more development in this area. Hensch just noted his concern about water drainage as that is an ongoing concern with every application the Commission reviews. Theobald noted her concern about diversity of housing and that area is neighborhood after neighborhood of the same. She is concerned that there is not guarantee that there will be a mix of housing in the future phases. She would like to see some mix and sooner rather than later. Eastham agreed and feels future developments in that area will need to include more diverse housing types to meet the Comprehensive Plan and School District diversity goals throughout the community. Martin said there area east of Camp Cardinal Boulevard does have a good mix of houses and thinks they did a good job of providing a range. Miklo showed on the aerial photograph the area along Ryan Court which has a mix of office, single family, townhouses and duplexes. Parsons pointed out that when they first built Camp Cardinal Boulevard development was slow to start but with the construction of the new school there has been some good development in the area. Hensch said a more general concern is that this is on the far edge of the city and is only accessible by car. His hope is that not all developments are dependent on access by cars. A vote was taken and the motion carried 7-0. Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 10 of 12 COUNTY REZONING ITEM (CZ15-00003): Discussion of an application submitted by Jerry and Jan Eyman for a rezoning from County Agriculture (A) to County Single Family Residential (R) for approximately 3.72 acres of property and a subdivision of 5.73 acres of property located at 5092 American Legion Road in the Iowa City/Johnson County Fringe Area. Miklo noted this property is within the two mile fringe area but beyond the growth area so do not anticipate it will be annexed into the city. The property is surrounded by residential development however a portion of this property is zoned agricultural and the application is to zone it all residential and then split it into two separate lots. The existing house would be on one lot and a new home would be constructed on the other lot. The fringe area agreement provides guidance with regards to this area and the County Planning Office is recommending approval of this application with a plan for a shared driveway. Miklo noted that if this was a larger area or not already surrounded by residential development, staff might not likely recommend approval of changing the zoning from Agricultural. In this case the property is fairly small and only suitable for limited agricultural uses. Staff recommends that approval of the requested rezoning of 3.72 acres from Agricultural (A) to Residential (R) conditioned on the requirement for a shared driveway. Freerks opened the public hearing. Jerry Eyman (5092 American Legion Road SE) stated that the property is currently just in hay or prairie and not being used as agricultural. The area is not conducive to getting farm equipment into and additionally they are being made to give up the two current entrances and replace with one shared entrance for both lots to minimize the number of entrances onto American Legion Road. Freerks closed the public hearing. Eastham moved to recommend the approval of the requested rezoning of 3.72 acres from Agricultural (A) to Residential (R) conditioned on the requirement for a shared driveway. Hensch seconded the motion. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES: OCTOBER 1. 2015 Dyer moved to approve the meeting minutes of October 1, 2015. Theobald seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Martin asked if she were to go look at some of the Hodge Construction buildings to see the quality of building, what are the rules regarding such an endeavor. Freerks said that is not Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 11 of 12 recommended because whatever building she was to tour is not the building that will be going into the location in question. It also creates an appearance for the public that there is conversation between the applicant and the individual commissioners behind the scenes. Hektoen noted that if such a visit or discussion occurs it should be disclosed as part of the public record. Eastham said that one could go and visit the property on their own without being accompanied by the applicant. ADJOURNMENT: Theobald moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. 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CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Derek Johnk, Laura Bergus, Nick Kilburg, Alexa Homewood, Bram Elias MEMBERS ABSENT: STAFF PRESENT: Ty Coleman, Mike Brau OTHERS PRESENT: Josh Goding, Emily Light, Bond Drager SUMMARY OF DISCUSSION Goding reported PATV recently partnered with the Little Village in an interview with Bernie Sanders. PATV shot footage of the Iowa Woman's Music Festival. Several of City High football games have been live streamed. The most recent game was also carried live on PATV using the internet to backhaul the signal to the studio. PATV had 7 local sponsors underwrite 4 of the games. Light reported Senior Center TV recently held a music video release party for the video shot for the Family Folk Machine recording. The video is available on YouTube and will also be on the access channels. On Oct. 29th SCTV will hold a screening of some of their recent work. Plans for producing a news magazine program are underway. Segments in the program could include many of the activities at the Senior Center such as the bands, theater groups, a cooking demonstration, artist interviews, and segments from the Iowa City history lectures. There is enough material for a couple shows. The goal is to have one episode per month. The Senior Center is also planning to host a PATV guidelines workshop at the Senior Center to encourage greater participation. Coleman reported Katie Linder has been hired as a Special Projects Coordinator to replace Mary Bryant. Linder has a background in TV news and extensive writing experience. The Iowa Utilities Board sent a notice to Mediacom regarding the their recent order to reinstate the municipal franchise giving them 20 days to respond. ImOn recently indicated to the city manger a serious intent to enter the Iowa City market. ImOn has not filed an application with the Iowa Utilities Board. Mediacom could revert to a state franchise as soon as ImOn applies. ImOn has indicated they may be applying for a franchise by the end of the year and would like to start service in a limited area by the end of the year. The city has expressed that they are interested in a company that would serve the entire community. Homewood asked if there are any regulations that require universal service. Brau said the state franchise prohibits exclusion based on income, but it is unclear how that requirement might be applied. Coleman said Metronet appears to backing off their interest in serving Iowa City. Elias asked for a memo from the City Attorney's Office on where the city stands regarding the municipal franchise once Mediacom responds to the IUB order. Johnk suggested that the city pursue getting a developer's license for iOS for the Apple TV application and mobile devices for the access channels. APPROVAL OF MINUTES Kilburg moved and Homewood seconded a motion to approve the amended August 24, 2015 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Homewood asked about the complaint from last month about Mediacom failing to provide service to a new home. Coleman said he was told by Mediacom that the home would be wired on Oct. 9'" Coleman noted that if Mediacom were operating under a municipal franchise, they would be subject to a daily $250 fine for noncompliance. MEDIACOM REPORT Coleman said that he had nothing to report. LOCAL ACCESS CHANNEL REPORTS Homewood noted the City Channel had a report in the meeting packet. The library provided a written report at the meeting and PATV emailed a report to Commissioners earlier in the day. Goding reported PATV recently partnered with the Little Village in an interview with Bernie Sanders. PATV shot footage of the Iowa Woman's Music Festival. Several of City High football games have been live streamed. The most recent game was also carried live on PATV using the internet to backhaul the signal to the studio. PATV had 7 local sponsors underwrite 4 of the games. Light reported Senior Center TV recently held a music video release parry for the video shot for the Family Folk Machine recording. The video is available on YouTube and will also be on the access channels. On Oct. 29'" SCTV will hold a screening of some of their recent work. Plans for producing a news magazine program are underway. Segments in the program could include many of the activities at the Senior Center such as the bands, theater groups, a cooking demonstration, artist interviews, and segments from the Iowa City history lectures. There is enough material for a couple shows. The goal is to have one episode per month. The Senior Center is also planning to host a PATV guidelines workshop at the Senior Center to encourage greater participation. Coleman reported Katie Linder has been hired as a Special Projects Coordinator to replace Mary Bryant. Linder has a background in TV news and extensive writing experience. The Iowa Utilities Board sent a notice to Mediacom regarding the their recent order to reinstate the municipal franchise giving them 20 days to respond. ImOn recently indicated to the city manger a serious intent to enter the Iowa City market. ImOn has not filed an application with the Iowa Utilities Board. Mediacom could revert to a state franchise as soon as ImOn applies. ImOn has indicated they may be applying for a franchise by the end of the year and would like to start service in a limited area by the end of the year. The city has expressed that they are interested in a company that would serve the entire community. Homewood asked if there are any regulations that require universal service. Brau said the state franchise prohibits exclusion based on income, but it is unclear how that requirement might be applied. Coleman said Metronet appears to backing off their interest in serving Iowa City. Elias asked for a memo from the City Attorney's Office on where the city stands regarding the municipal franchise once Mediacom responds to the IUB order. Johnk suggested that the city pursue getting a developer's license for iOS for the Apple TV application and mobile devices for the access channels. ADJOURNMENT Homewood moved and Kilburg seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 5:57 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O/C) = Absent/Called (Excused) Elias Ber us Kilburg Butler Homewood 8/25/14 X X X X X 9/22/14 X X X X o/c 10/27/14 X X o/c o/c X 11/24/14 O/C O/C X X X 1/26/15 X X X X x 2/10/15 X X X o/c X 2/23/15 x x x x X 3/23/15 X X X X X Johnk 4/27/15 x x plc X X 6/1/15 X X X X X 6/22/15 o/c X X X x 8/24/15 0 x X x o/c 9/28/15 X X X X x (X) = Present (0) = Absent (O/C) = Absent/Called (Excused)