Phoenix Police Department Risk Assessment for L.E. Audits Lt. Dan Olson Lt. Mike Giammarino Phoenix Police Department

Objectives: Provide risk issues specific to law enforcement organizations Discuss areas of concern encountered in law enforcement audits Risk Assessment for L.E. Audits

Phoenix Police Department Risk Assessment for L.E. Audits Government Agencies / L.E. Authority X Police X Sheriff X Constables X Detention Officers X Probation and Parole Officers X Park Rangers X Wildlife

Phoenix Police Department Risk Assessment for L.E. Audits Risk Assessment Factors: X Budget Considerations X Recent Organizational changes X New Legislation X Public Safety X Officer Safety X Public Sensitivity/ Perception X Political Sensitivity X Civil / Criminal Legal Liability X Prior Audit / Investigation Misconduct Issues

Phoenix Police Department Risk Assessment for L.E. Audits US. Department of Justice X Since 2009, increased consent decrees X Consent decrees amount to a legally- binding agreement between a city and the Department of Justice, and the terms of the agreements routinely establish federal monitors to oversee reforms

Phoenix Police Department Risk Assessment for L.E. Audits Department of Justice previous law enforcement related investigations / consent decrees X Pittsburgh, PA X Los Angeles Police Department X Cincinnati Police X Columbus, OH X Detroit, concluded 2003 X Oakland X New Jersey State Police, racial profiling X Washington DC.

Phoenix Police Department Risk Assessment for L.E. Audits Impact on Smaller Agencies Wallkill NY: X 7 sergeants, 3 detectives, 30 patrol officers X 2007 population 16,282 X Abuse of Police Authority X Officer harassment of young women X Retaliation against those who tried to file complaints X Sued by the Attorney General of the State of New York X Department agreed to consent agreement and oversight court appointed monitor

Phoenix Police Department Risk Assessment for L.E. Audits Department of Justice current investigations/consent decrees regarding law enforcement related activities X Maricopa County (AZ) Sheriff’s Office X Alamance County (NC) Sheriffs Office X US Virgin Islands X Seattle Police X Albuquerque, N.M X Corpus Christi, TX X Omaha, Nebraska o ACLU request, UOF, failure to investigate complaints X Las Vegas Metro o Letter of technical assistance X New Orleans, LA X Cleveland, Ohio

Phoenix Police Department Risk Assessment for L.E. Audits DOJ Typical Areas of Interest X Use of force X Pursuits X Misconduct policy X Early Warning / Early Intervention X Racial profiling/stop data X Training X IA staffing / citizen complaint process X Disciplinary practices X Search Seizure

Phoenix Police Department Risk Assessment for L.E. Audits How can L.E. Agencies Avoid a Consent Decree X X Internal Audits o Police Inspections Unit o Inspections Conducted by PD Supervisors X X External Audits / Reviews o City Auditor Engagements o Private Sector Consulting X X Oversight Organizations o PARC (Police Assessment Resource Center) o NACOLE ( National Association for Civilian Oversight in Law Enforcement)

Phoenix Police Department Risk Assessment for L.E. Audits (CALEA) Mandates X Follow Commission for the Accreditation of Law Enforcement Agencies mandates X Major audit be conducted for each component of the organization at least once every three years X CALEA requires that the Property area (PMB) be audited at least once each year X Follow-up audits conducted in a timely manner

Phoenix Police Department Risk Assessment for L.E. Audits Breakdown of most Police Organizations X Patrol – First Responders X Tactical – Patrol Support SWAT, K9 Air Unit X Investigations – Case Management X Undercover Operations X Professional Standards – Internal Affairs X Communications X Community Programs X Administrative Functions X Property & Evidence

Phoenix Police Department Risk Assessment for L.E. Audits Unit Profile for each area may focus on: X Operations X Documentation X Training X Equipment X Technology X Supervision X Policies match Procedures X Proper Controls / Policies in Place

Phoenix Police Department Risk Assessment for L.E. Audits Patrol X Vehicle Operations o Emergency Response Driving o Pursuit Driving o Accidents X Report Writing and Review o Report Writing Procedures o Quality control X Staffing X Use of force X Arrest / Detention X Firearms / Non Lethal Weapons

Phoenix Police Department Risk Assessment for L.E. Audits Tactical Support X X Deployments  Response Time  Staffing  Use of Force / Lethal or Non Lethal  Incident Tracking  After Action Reports X Physical Fitness Requirements X Specialized Weapons o Chemical Weapons o Rifles, Shotguns, Sage Guns X Specialized Equipment o Vehicles, Robots, etc.

Phoenix Police Department Risk Assessment for L.E. Audits Investigations X Case Management o Investigation Procedures Proper Follow-up Evidence Testing – Scientific Analysis o Proper Coding Classification o Accurate Case Disposition Pend, Ex-Clear, Open, Closed Potential Impact on Crime Statistics X Staffing o Case Assignment o Supervisory Span of Control o All Cases Properly Routed

Phoenix Police Department Risk Assessment for L.E. Audits Undercover Operations X X Use of Informants o Informant Interviews (Initial, On-Going) o Informant Tracking o Payments to Informants o Relationship with Informants Personal Phone Numbers – Red Flags Federal DEA may provide Audit Information / Process X X Undercover Expenditures o Money Sheets / Receipts o How Cash Disbursed to Detectives o Commingling of funds with personal Bank Accounts X X Undercover Identification o Drivers License, Social Security, Credit Cards how Obtained o Credit Reports to ensure not utilizing for personal reasons

Phoenix Police Department Risk Assessment for L.E. Audits Professional Standards (IA) X X Professional Standards Unit/s o Employee Misconduct Investigations Sworn, Non Sworn and Other City Department Personnel o Officer Involved Shootings o Serious Use of Force Investigations o Inspections and Audit Services o Oversight of Disposal Committees Drugs, Guns, Cash Accountability

Phoenix Police Department Risk Assessment for L.E. Audits Communications X X 911 / Dispatch Procedures o Response Time for 911 Calls to be Answered o Priority System for Calls (1,2,3) o Transfer of Calls from 911 to Dispatch o How Long do Calls Stack before Dispatched o Staffing – FMLA High Sick Incident Rates o Overtime Issues / Budget o Span of Control Dispatcher to Number of Officers

Phoenix Police Department Risk Assessment for L.E. Audits Community Programs X X School Resource Officers (SRO’s) o Significant Attention Based on Recent Events X X Wake Up Programs – After School Program X X Fundraising Activities X X Department Accepted Donations X X Block Watch Groups X X Police Explorers X X Police Reserves

Phoenix Police Department Risk Assessment for L.E. Audits Administrative Functions Administrative Functions will vary among L.E. Organizations, some common areas are: X X Fiscal Management X X Records and Identification X X Public Records Requests X X Employment Practices X X Computer Services Each of these sections may require an individual audit or review

Phoenix Police Department Risk Assessment for L.E. Audits Property & Evidence X Impounding / Storage of High Risk Evidence o Guns o Money o Drugs o Freezer – Blood Evidence, DNA o Drying Room Procedures – Biological Evidence X Inventory Systems X Inspections – Internal/External X Property Release Procedures o Court o Disposal o Removal for Investigation

Phoenix Police Department Drug Room Investigation / Audit Background X January 2011 PSB Inspections Unit conducted Drug Re-Analysis Inspection X 15 items were randomly selected and brought to the Crime Lab for testing X Inspection is to determine released drug items have not been tampered with and ensure the integrity of the drug disposal process X X Crime Lab re-analyzed these 15 items and found that one evidence package had been tampered with

Phoenix Police Department Drug Room Investigation / Audit X Crime Lab had previously analyzed the contents of this package in 2009 and it was found to contain Oxycodone pills X The reanalysis revealed that the package contained Naproxen a non prescription pain killer X X The evidence package had been cut open near the lab seal from the original analysis and resealed with clear packaging tape which is inconsistent with Crime Lab protocol

Phoenix Police Department Drug Room Investigation / Audit Facts of the Investigation X X Tampered Evidence o Was it intentional Yes o Who did it ? o Are there other cases ? o Impact on the integrity of the property and evidence process ?

Phoenix Police Department Drug Room Investigation / Audit X Are there other cases ? o Population o Sampling required Criteria to Identify the sample Type of items tampered with Still thousands –Statistical random sample utilized

Phoenix Police Department Drug Room Investigation / Audit X Who did it ? o Any common factors among other cases o Particular officer’s name appeared repeatedly o Pull all the items touched by that officer and examine for tampering. o Officer identified o Document crimes detective

Phoenix Police Department Drug Room Investigation / Audit X X What was taken o Inspectors identified 352 cases handled by the Detective o 138 destroyed / adjudicated o 96 cases no signs of tampering o 118 cases tampered with –56 believed to contain oxycodone –Over 4,000 items / pills missing –Prescription narcotic dangerous drugs –Methamphetamine –Cocaine/ marijuana –Physicians’ prescription pads

Phoenix Police Department Drug Room Investigation / Audit X Integrity of the evidence process o A statistical random sample was completed of Guns Money Drugs General property o Result: No other items tampered with

Phoenix Police Department Drug Room Investigation / Audit X X Investigation o This audit was conducted by the PSB Inspections Unit and the report was provided to the PSB Investigations Unit who conducted a concurrent administrative and criminal investigation o The Officer resigned and criminal charges are pending

Phoenix Police Department X Lt. Dan Olson o o X Lt. Mike Giammarino o o Risk Assessment for L.E. Audits