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LAPD
Consent Decree - Kroll's Review
High Marks for LAPD's Progress
November 13, 2003
During
a Special Meeting held today in the Public Works Boardroom at City
Hall, the Los Angeles Board of Police Commissioners reviewed the
Police Department's plan to institutionalize the police reforms
embodied in the Consent Decree.
A commitment to community-based policing was emphasized, the tone
was upbeat and the news was good.
The LAPD is well on the way to achieving its goals of
making reform become a part of everyday business, through a commitment
to permanent changes.
Mayor
Jim Hahn, Commissioner David Cunningham, President, Commissioner
Alan J. Skobin, Vice President, Commissioner Rick J. Caruso, Commissioner
Silvia Saucedo, and Chief of Police William Bratton were all on
hand to hear the good news as
Michael
Cherkasky, who serves as the Consent Decree Independent Monitor
from Kroll and Associates, gave high marks for
the Training Program the Department instituted recently.
You'll find his statement, in its entirety, below.
The new Los Angeles Police Department Training Plan was born out
of the Federal Consent Decree which outlined changes in the areas
of integrity, use of force, duty to report misconduct, and critical
incident management.
The LAPD is currently about two and one half years into the five-year
Consent Decree. These reforms are designed to permanently change
the LAPD by institutionalizing the Consent Decree mandates and thereby
placing LAPD at the forefront of the nation's best practices in
law enforcement.
While all acknowledged there's still much to be accomplished, the
consensus was that the Department has continued to follow a process
firmed up by Gerald Chaleff, Commanding Officer at LAPD's Consent
Decree Bureau, and Assistant Chief George Gascon, under whom all
training occurs.
With the exception of the new TEAMS II computer system, which will
help track "problem officers" and is about 15 months behind
schedule, the goal is to get the Department into compliance as of
214 days from now, on June 15, 2004.
That date marks three years into the five year Consent Decree, which
requires maintenance of "substantial compliance" for two
consecutive years. At that point, June 15, 2006, a Federal Judge
will decide if it should be lifted.
But it was also made clear that the reforms mandated by the Consent
Decree are not temporary. They're not designed to simply get out
from under Federal scrutiny but rather as the way business will
be done at LAPD, which will now proceed to permanently institutionalize
these reforms.
Here is the text of the statement and report from Michael Cherkasky,
Consent Decree Independent Monitor, regarding the progress he sees
to date:
Office of the Independent Monitor
of the Los Angeles Police Department
Remarks
of Michael G. Cherkasky, Primary Monitor, for the Los Angeles
Police
Department to the Los Angeles Police Commission November
13, 2003
Good
morning. Mr. Chairman, Commissioners, Mr. Mayor, Chief Bratton,
Ladies and Gentlemen, thank you very much for this opportunity
to talk with you about the progress the Los Angeles Police
Department ("LAPD") has made in the area of training.
As you are all aware the City of Los Angeles and the Los
Angeles Police Department (LAPD) entered into a Consent
Decree with the Department of Justice (DOJ) on June 15,2001.
The Consent Decree provides specific guidelines designed
to institute new policies and procedures to reform the conduct
of the LAPD. I, and members of my Kroll team, were hired
as the Independent Monitor to ensure that Consent Decree
reforms are implemented in an effective and timely manner.
We were also hired with the hope that the reforms would
not just be superficial and ephemeral, but deep and long
lasting.
Institutional change is an extremely difficult task. It
is even more difficult in an agency, like a police department,
that needs to change as it continues to play its critical
role. The metamorphosis must occur as LAPD continues to
effectively fight crime. LAPD does not have the luxury of
sitting in a cocoon slowly growing their wings, but must
evolve as they patrol the streets of Los Angeles.
The two and a half years since the Consent Decree started
have been challenging for LAPD. The focus has been on what
they have failed to do as far as compliance, not on their
successes. This has certainly been unfair at times, and
has missed or minimized a genuine, good faith effort, by
the city and the LAPD management to make the necessary changes.
This is also not healthy, as it is important to view the
reforms mandated by the Decree as bringing about change
for the better, not as a document used to bash LAPD. I realize
that much of the negative comments about LAPD's failures
come from my quarterly reports. I will continue to call
them as I see them. But I have and will continue to comment
on the areas of progress. One of those areas is in LAPD
Consent Decree training.
There are many factors that can increase the likelihood
of success in bringing about institutional change. They
include leadership, clarity of mission, use of recognized
best practices, great communications, determination, endurance,
and last but not least, effective training.
Training communicates with the employees of the organization
how the organization and the individual are expected to
operate. It teaches them the how, why and where of job performance.
Simply put, training gives the members of the organization
the knowledge and skill of how to be successful inside the
organization. It was correctly recognized by the City and
the Department of Justice that organizational reform in
LAPD could not be accomplished without appropriate specific
training for all members of LAPD.
There are various training provisions specifically required
by the Consent Decree. The one I want to focus on today
is requirement that LAPD provide periodic training on police
integrity. Our rating of the new integrity training implemented
by LAPD is, in one word, "terrific".
Paragraph 117 of the Consent Decree requires all LAPD officers
to have police integrity training in a number of specified
areas. These include:
The duty to report misconduct and facts relevant to such
misconduct;
What constitutes retaliation for misconduct, the prohibition
against retaliation for reporting misconduct, and the protections
available to officers from retaliation;
Cultural diversity, which shall include training on interactions
with persons of different races, ethnicity's, religious
groups, sexual orientations, persons of the opposite sex,
and persons with disabilities, and also community policing;
The role of accurately completing written reports in assuring
police integrity, and the proper completion of such reports;
Fourth amendment and other constitutional requirements,
and the requirement of the Department's nondiscrimination
policy, governing police reactions in conducting stops,
searches, seizures, making arrests and using force; and
Examples of ethical dilemmas faced by LAPD officers and,
where practicable given the location, type, and duration
of the training, interactive exercises for resolving ethical
dilemmas shall be utilized.
This training goes to the heart of the community based policing
concept. It clearly announces to all LAPD officers' management's
commitment to respect and partner with the community, as
opposed to being outsiders who act as if they are a foreign
occupation force.
We found the course excellent in all regards.
First, it was clear that the leadership of LAPD, most importantly
Chief Bratton and his command staff, was fully committed
to the message the training imparts. In various venues over
the course of the last several months, the Chief of Police
has described his commitment to develop a successful training
delivery plan and his expectation that his command staff
will support this goal. Then the Chief demonstrated that
his commitment was not just words. They provided the necessary
resources and made attendance not only mandatory, but also
convenient. Instead of huge auditorium style with speaker
systems that did not work, they made the facilities receptive
and conducive for learning. Instead of little or no resources,
the Department devoted a team of officers to resolving problems,
which have historically plagued the Department's training.
In order to measure consistency in content and quality of
instruction, the Monitor's staff attended training at each
of the three sites where the eight hour CEDP VII was offered.
Despite the fact that the Monitor attended the training
within the first days in which it was offered, all of the
instructors observed by the Monitor were well-prepared and
thorough, and each fostered an interactive learning environment
while being mindful of the curriculum that needed to be
covered.
The Continuing Education Division lead by Dr. Robin Green
and Lt. Sandy Jo Macarthur have put together a substantively
high grade product, that deals with serious issues in an
interactive and interesting way, instead of being read off
a power point in which neither the instructor nor the students
seemed to be interested. The new lesson plans wrap a series
of training initiatives into real life scenarios that can
be discussed, dissected, and have meaning to the officers
who are going back on the streets after the class. And they
ask for, get, and use input from their audience to continually
improve their product.
The message the LAPD is sending in its integrity training
is that it and its officers care about the community, and
will do their job appropriately and in partnership with
the community in the future.
You, Commissioners should be proud of your department, and
how far it has come in this critical area over the course
of the last year. I congratulate you, and encourage you
to attend a session. Chief Bratton has. Thank you.
The Office of the Independent Monitor
of the Los Angeles Police Department was created by order
of the United States District Court for the Central District
of California and is charged with the monitoring of and
reporting on the progress of the Los Angeles Police Department
in complying with the terms of the Federal Consent Decree
mandating various reforms.
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To read more about Kroll's service as Monitor of the Consent
Decree see:
http://www.krollworldwide.com/about/library/lapd/index.asp
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