Assessing the Las Cruces Police Department: A Review of Community Perceptions and Police Operations and Procedures June 2009

Overview Opening Questions About JSS Elements of Requested Study Major Findings and Recommendations

Opening Questions

What kind of relationship do you want between the police department and citizens? What kind of policing do you want?

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Dr. Craig Uchida Over 30 years of policing research, evaluation and policy making experience Police Use of Force Search and Seizure Community-Oriented Policing

JSS Team Shellie Solomon Chief Art Venegas, ret. Lt. Mike Wells, ret. Sgt. Russ Norris Chief Don Mort, ret.

Acknowledgements City Officials Residents Police Department Public Officials

Elements of the Study  Evaluate use-of-force incidents  Supervision  Tactics  Subsequent investigations  Assess internal police investigations  Track community satisfaction with the police department  Explore the Department’s exposure to litigation and develop procedures to learn from past lawsuits

Elements of the Study  Identify best practices to  Help police leaders develop  Implement management strategies  Promote accountability at all levels  Provide a final report  Provide definitive insight into whether a community oversight agency is needed  Recommend a methodology for establishing such an agency, its purpose, objectives and authorities.

Bottom Line Up Front Recommendation 14. The City of Las Cruces should appoint a Police Auditor through the passage of a municipal statute to review policies and procedures for the purpose of changing the direction of the police department, preventing future misconduct, and lessening the potential for liability.

Why not a civilian review board?

Civilian Review Boards Background Since the 1970s, civilian review boards have been viewed as the panacea for problems with the police. However, they: –have not lived up to their promise –lack authority to accomplish their objectives –lack the power to conduct independent investigations –lack appropriate staffing, resources, and political support –lack support by police management –involve “staunch opposition from the local police union”

And… We found a number of problems and deficiencies within the Las Cruces Police Department that cannot be remedied by a civilian review agency, if it is only investigating citizen complaints.

Police Auditor Model Five basic functions of the auditor 1)audit the complaint process 2)audit police operations 3)review policies 4)engage in community outreach 5)create greater openness to police departments.

How did we come to this recommendation?

Methods of the Study Staff and consultants with JSS:  Conducted 58 interviews of city officials, residents, business people, and police  Received 292 Internet surveys from residents  Received 38 police officer surveys  Went on ride-alongs with police  Convened three ‘town meetings’  Reviewed policies and procedures of the police department

Findings 74 allegations of use of force from Compared to national averages, –three times more complaints than similarly sized agencies (those with sworn officers) and –over two times the rate of all police agencies in the country. None of the complaints were sustained –Insufficient evidence to justify disciplinary action against an officer. In contrast to the national average, –8-10 percent of complaints for use of force are sustained.

Findings –74 allegations of use of force from

Complaints per Employee 37 employee of 244 employee have 3 or more complaints

Findings and Recommendations Recommendation 1. Make a concerted effort to reduce the number of complaints for use of force and other behavior. Recommendation 2. Make full use of its Early Intervention System –Review reports and data about complaints regularly, –Identify, counsel, re-train, and/or discipline officers who have multiple complaints, and –Report the findings to the community regularly. Recommendation 3. Formally change use of force policy to include the “continuum of force model”. 74 allegations of use of force from Compared to national averages, –three times more complaints than similarly sized agencies (those with sworn officers) and –over two times the rate of all police agencies in the country. None of the complaints were sustained –Insufficient evidence to justify disciplinary action against an officer. In contrast to the national average, –8-10 percent of complaints for use of force are sustained.

Recommendation 4. Form a Use of Force Review Board that –reviews all use of force incidents –determines if the use of force was within department policy. Board members include: –command level manager –Supervisor –training manager –use of force instructor. Communicate results within the dept and to the public. 74 allegations of use of force from Compared to national averages, –three times more complaints than similarly sized agencies (those with sworn officers) and –over two times the rate of all police agencies in the country. None of the complaints were sustained –Insufficient evidence to justify disciplinary action against an officer. In contrast to the national average, –8-10 percent of complaints for use of force are sustained. Findings and Recommendations

Finding: Community Satisfaction with Police  Residents in Las Cruces have mixed emotions about the police.  Residents are angry, frustrated, and upset  the way in which police officers treat them  the way in which complaints are reviewed  Residents strongly support the police  point to the lower crime rates  the friendly demeanor of officers  the danger that officers face.

Finding: Community Satisfaction with Police  Within the department, officers see the same emotions from citizens.  Interaction with the community could be better  Suggest that more communication would be helpful.

 Reinstate community-oriented policing:  Re-build trust  Re-engage the public  Meetings, discussions, and focus groups  provide information routinely.  Seriously implement problem- oriented policing projects  Develop a strategic plan which:  Considers organizational changes in deployment  Beat management  Targeted enforcement  Customer service.  Residents in Las Cruces have mixed emotions about the police.  Residents are angry, frustrated, and upset  the way in which police officers treat them  the way in which complaints are reviewed by the police.  Residents strongly support the police  point to the lower crime rates  the friendly demeanor of officers  the danger that officers face.  Within the department, officers see the same emotions from citizens.  Interaction with the community could be better  Suggest that more communication would be helpful. Findings and Recommendations

Finding: Police Department’s Exposure to Litigation From 2000 to 2008, 31 lawsuits were filed Over $650,000 paid out in settlements Has a “pattern or practice” of police misconduct occurred?

Recommendation 6. Review the lawsuits to determine whether a “pattern or practice” of misconduct has occurred. See the Police Auditor Recommendation. From 2000 to 2008, 31 lawsuits were filed Over $650,000 paid out in settlements Has a “pattern or practice” of police misconduct occurred? Findings and Recommendations

Findings: Promote Accountability for Management Supervision and accountability appear to be inconsistent throughout the department. Applies to: –disciplinary matters –general supervision in the field –case investigation reviews

Findings: Best Practices to Promote Accountability for Management Recommendation 7. Improve leadership and management throughout the police department. Recommendation 8. Enact a report review process  Rigorous  Emphasis on completeness, accuracy, and timeliness Recommendation 9. Expand and qualitatively improve courses at the Training Academy in  search and seizure  crime prevention  fear reduction  uses of force (legal issues)  report writing Supervision and accountability appear to be inconsistent throughout the department. Applies to: disciplinary matters general supervision in the field case investigation reviews

Findings: Best Practices to Promote Accountability for Management Recommendation 10. Regular, annual legal update training, particularly in search and seizure. Recommendation 11. Officers and Supervisors should receive additional training in report writing. Supervisors should receive training on reviewing reports. Supervision and accountability appear to be inconsistent throughout the department. Applies to: disciplinary matters general supervision in the field case investigation reviews

Findings: Best Practices to Promote Accountability for Management Recommendation 12. A “training needs assessment” should be conducted annually and coordinated with the training bureau, PSU, sergeants, and command staff. Recommendation 13. Officers should receive training during roll calls or briefings. –Current departmental policy should be changed to indicate that briefing training will occur, rather than leaving it to the discretion of the supervisors. Supervision and accountability appear to be inconsistent throughout the department. Applies to: disciplinary matters general supervision in the field case investigation reviews

Positive Findings Many pieces are in place to move forward... –Crime has decreased –Using a Best Practice - Early Warning System –Willingness to open up and share information for the study –A majority of citizen are satisfied with the police department

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