A Response to President Trump’s Executive Order

The Community Police Commission is committed to constitutional policing that ensures the safety of everyone, from people in the city’s most marginalized and vulnerable communities to the police officers sworn to protect us.

Our community has made progress, but much remains to be done. Now, President Donald Trump’s executive order to review all ongoing Consent Decrees will put that progress at risk. It’s time for everyone in our community, including Mayor Justin Bibb, to stand firmly against this unprecedented federal action.

Mayor Bibb has called our community’s safety his “number one priority,” and vowed to ensure that systemic changes made within the Cleveland Division of Police would continue even after he left office.

When the City of Cleveland entered into its Consent Decree agreement with the Department of Justice 10 years ago, our elected leaders acknowledged that there was work to be done to protect residents’ constitutional rights. As evidenced by the Cleveland Police Monitoring Team’s most recent report, the City has made significant strides in its efforts to correct problems in areas such as use of force and accountability. However, after reviewing the Monitor’s findings, the CPC found that Cleveland is approximately 45% compliant with the Consent Decree overall, just a 3% percent increase since 2023.

“Undermining the Consent Decree now would be a disservice to all Clevelanders,” said CPC co-chair John Adams. “While the decision to end the agreement is ultimately up to Judge Solomon Oliver, weakening or removing Department of Justice oversight would create a barrier to reform.”

The president’s order will impede citizens’ rights by abandoning important guidelines and parameters that keep officers accountable for their actions. While the CPC would continue its vital work to ensure constitutional oversight and the implementation of Consent Decree principles, via Charter 115-5, ending federal oversight now would be premature. It would also leave room for the backslide of police policies that were meant to reconcile the harm that affected so many families at the hands of police violence.

Mayor Bibb and other elected officials must listen: Cleveland is bound to the Consent Decree for a reason. CPC expects Mayor Bibb to stand up to this administration and make it clear just how important Cleveland’s Consent Decree is to the future of the city he has been elected to lead.

We encourage everyone to reach out to Mayor Bibb’s office and the Department of Justice to ask them to keep Cleveland’s Consent Decree in practice as it is written.

If we all come together, we cannot and will not be ignored.

 

 

 

 

 

Call to Action: CDP Must Fully Investigate Officer Misconduct Allegations

CLEVELAND – As discussions arise about ending the Cleveland Division of Police’s (CDP) Consent Decree, the Cleveland Community Police Commission (CPC) has identified alarming gaps in accountability related to serious internal complaints, including bias, harassment, workplace violence and retaliation.

Paragraph 176 of the Consent Decree mandates that all allegations of officer misconduct—whether internally discovered or reported by civilians—must be fully, fairly, and efficiently investigated. Findings must be supported by evidence, documented in writing, and result in appropriate disciplinary action. However, recent findings indicate these standards are not being met.

  • In March 2023, then-Interim Monitor Ayesha Bell Hardaway reported that the City had failed to appropriately handle at least three internal complaints making prima facie allegations of bias, harassment and/or retaliation, with two languishing in the Human Resources Department for over two years and one ignored by CDP command staff.
  • In March 2024, the CPC identified potential missing records related to bias, harassment, and other serious complaints while reviewing personnel files for police commander candidates. The CPC paused the recommendation process to ensure all necessary records were obtained before making these critical appointments.
  • Subsequent discussions revealed that serious 2022 bias allegations against Interim Second District Commander Timothy Maffo-Judd were sent from the CDP to Human Resources but never investigated.
  • City officials were unable to provide clear answers on how these internal complaint investigations are processed or how records are maintained.
  • In response, the CPC submitted a records request for all internal complaints from 2019 to the present related to bias, discrimination, harassment, retaliation, hostile work environment, and workplace violence.
  • The request revealed 40 or more open investigations spanning six years, many of which appear to have never been investigated or resolved. Due to the identified record keeping issues the CPC is uncertain if this is a full accounting of all these types of complaints. Some recent complaints since the problem was identified in November have moved forward. The CPC received only one complaint from 2022 and none from 2023.
  • At least one of these cases resulted in a 2.5-million-dollar settlement in 2023. There is no evidence that anyone involved in this incident was disciplined.

The CPC recognizes that these officers have a right to due process and that allegations are not proof of misconduct. When complaints are sustained, we want officers to be held accountable. When they are not, we want exonerated officers to be freed of the dark cloud of allegations. These findings raise serious concerns about the City’s ability to uphold the principles of the Consent Decree and maintain accurate records. The CPC is committed to ensuring full transparency and accountability in police oversight and calls for immediate corrective action to address these failures. In addition we request a full and complete audit of the quality of these investigations by the Monitoring Team.

CPC Responds to Governor Dewine Passing HB 315

Last night, Governor Mike DeWine signed off on House Bill 315, legislation that was originally intended to address township zoning laws. However, in the eleventh hour during last year’s lame-duck session, it was rewritten to include an amendment allowing cities to charge up to $750 to cover the cost of making and distributing copies of public records requests.

The CPC is disappointed that Governor DeWine chose not to veto this bill, as it is a clear attempt to undermine police oversight and make it more difficult for the public to access documents and videos that should be easily available. He and Attorney General Mike Yost have described the process of reviewing and removing sensitive information and images not considered public record as a tedious and expensive, labor-intensive process, respectively. However, the Supreme Court of Ohio ruled in 1994 that record seekers should not be charged for the cost of employee labor, as responding to public records requests is part of some employees’ duties. Cities are only allowed to charge for the actual cost of producing copies of those records for anyone who requests them.

Police departments should already be removing restricted portions of body-worn and dashboard camera footage before it becomes available for public consumption. The only difference between going to City Hall to view the footage and receiving a copy by mail should be the DVD it comes on. Currently, in Cleveland, the cost for each copy made is just $3.50.

Cities have the option to opt out of implementing this new law, and we suggest that the city of Cleveland do just that. Families who are already mourning their loved ones should not be charged an exorbitant amount just to get to the truth. Furthermore, news organizations, who did not have the opportunity to raise their concerns before lawmakers passed the bill, will face a significant hit to their operating budgets if Cleveland decides to follow suit.

If news organizations, or even advocacy groups, were required to pay $750 for a copy of every use-of-force incident in 2023, they would have to shell out more than $209,000. This would create yet another hurdle in an already complicated system, further obstructing the public’s right to the transparency they are owed.

Although we are deeply saddened that the passage of this bill could mean some Ohioans will be left behind in their pursuit of justice, we are calling on the city of Cleveland to lead by example and remain as transparent with the public as possible to ensure that we follow Public Records and Open Meetings laws as they were originally intended.

CPC Responds To CDP Use of Force Incident

FOR IMMEDIATE RELEASE
December 18, 2024

Over the weekend, Cleveland Police shot and injured a 14-year-old boy who officers believed was tied to a string of car break-ins.

The Cleveland Community Police Commission acknowledges that this was a dangerous situation for the officers, with the teen driving a car toward them. However, we have a duty to ensure that the CDP does not violate its policies. The Use of Force General Police order, Section VIII A, states that officers shall not discharge a firearm “from or at a moving vehicle, unless the use of deadly force is justified by something other than the threat of the moving vehicle.”

It would be remiss not to acknowledge that this investigation is in its early stages and that new evidence could lead CDP to conclude that this use of force incident was justified and followed department guidelines. As long as the investigation remains thorough, fair, and transparent throughout its entirety, we will stand by the results.

However, the CPC does have concerns that the investigative process may not be swift or timely.

Earlier this year, Cleveland officers discharged their weapons at 26-year-old Antwoina Carter’s car. In the nine months since CDP released the body camera footage from that early morning, there have been no updates regarding the investigation into whether or not the officers’ use of force was justified.

It is our duty to ensure that all officers adhere to department policy, which is designed to keep both the community and police officers safe.

When officers follow the rules and regulations they are required to operate under, it means the CDP is fulfilling its obligations to remain compliant with the consent decree. When officers violate those policies and no action is taken to rectify the situation, it indicates a failure to uphold a legally binding agreement with the Department of Justice.

CDP Agrees To Suspend Drone Usage

For Immediate Release
November 29, 2024


Cleveland Division of Police commits to grounding its drones
until approval of final policy governing use

Cleveland, Nov. 29, 2024 – After authorizing the use of a police drone to monitor a protest last weekend,
Cleveland Police Chief Dorothy Todd has committed to representatives of the Community Police Commission
that the Cleveland Division of Police will ground its drones until a final policy is approved by the CPC and the U.S.
Department of Justice.

The police department used the drone after the Community Police Commission voted on November 20 to
approve a new General Police Order governing drone use by the Cleveland police; the city sent the policy to the
U.S. DOJ for review on November 21, according to the city.

News outlets reported that the Division deployed a drone at a November 24 protest at the residence of
Cuyahoga County Executive Chris Ronayne, even though the U.S. DOJ had yet to review the policy.

In justifying its use of the surveillance tool the Division cited language from an early CPC draft of the policy,
before changes were made and the full Commission approved it; this section of the policy would have allowed
use of drones to monitor protests but was removed before the CPC approved the final version last week.

“We are encouraged that Chief Todd has committed to stop using drones until the CPC, the Monitoring Team
and the Department of Justice have signed off on a final policy,” said Piet van Lier, chair of the CPC’s Police
Policy Committee. “Our goal is to protect the constitutional rights and the safety of Cleveland residents by
ensuring drones, and other surveillance technology, are used in ways that comply with rights spelled out in the
U.S. Constitution and all other relevant laws, restrictions and regulations,” van Lier added.

The language that would have allowed drone monitoring of large gatherings was removed based on concerns of
a surveillance technology expert who worked with the CPC to revise the drone policy submitted to the CPC by
the police; the expert’s concerns were reinforced by members of the public during comments at last week’s CPC
meeting.

The policy approved by the CPC on November 20 included language prohibiting drone use to conduct
surveillance of large gatherings or crowds unless “exigent circumstances” require such action.

Section 115-5 of the city of Cleveland’s Charter, approved by Cleveland voters in 2021, gives the CPC final
authority over police policy. Over the past year, the CPC has been working closely with the Division to review
and revise policies, drawing on the expertise of volunteers and community members. The CPC first received a
draft of the drone policy from the Division on October 10 this year.

A Letter In Response To Mayor Bibb’s Interim Commander Appointment

FOR IMMEDIATE RELEASE

November 21, 2024

Earlier this month, Mayor Justin Bibb announced his interim appointment for 2nd District Commander, Timothy Maffo-Judd, the same officer who, in 2022, used homophobic slurs in text messages sent to his subordinates.

Mayor Bibb told Ideastream he was not aware of those messages prior to making the appointment, however, the CPC was privy to this information, due to the diligence of a concerned community member, not because the Cleveland Division of Police (CDP) felt compelled to be fully open and transparent, as required by Charter 115-5. While the CDP stands firmly behind interim Commander Maffo-Judd, the CPC refused to recommend any officers for permanent positions until we receive comprehensive and complete employment records for every candidate, something the CDP failed to provide, even when they said they had given us all necessary and relevant documents to ensure that we made the most informed and best decision for the people of Cleveland.

Again, the CPC was not made aware of officer Maffo-Judd’s appointment until after he was promoted and sworn in by the mayor, a clear violation of Charter 115-5. Whether this was done intentionally or not, we cannot be sure, but we are disappointed that Mayor Bibb decided to move forward without the CPC’s recommendation. Had the CPC been consulted, we could have made the mayor cognizant of the community’s concerns about Maffo-Judd’s use of homophobic language. It should also be noted that these inappropriate text messages may not be the only instances in which officer Maffo-Judd exhibited homophobic behavior.

This commission works on behalf of the community, and we take their concerns seriously. Residents have raised concerns about several officers and their disciplinary backgrounds, yet the CDP chooses not to share these with us. Our question to the CDP is: Why is there a lack of transparency? The CPC should not have to jump through hoops to learn about serious allegations made against officers who are hoping to become leaders, responsible for the lives of thousands of people, and uphold all of our laws with honor and dignity.

We are asking the CDP to give us access to full service records for any officers up for promotion for all interim and upcoming commander position, and provide the CPC with credentials for the systems where they are kept. We vow to continue advocating for the community and will continue to fight until we gain complete access to these crucial records.

Respectfully,

Co-Chairs Sharena Zayed and Dr. John Adams

Upcoming Meeting Cancellations

As we look ahead to the rest of October, the CPC would like to remind the community of some important meeting cancellations. Please be advised that the Police Accountability meeting scheduled for Tuesday, October 8th, and the Police Training Committee meeting scheduled for Wednesday, October 9th, have both been canceled.

Please also be aware that our office will be closed the week of October 14th while CPC commissioners and staff attend the 2024 annual NACOLE Conference. For the past 29 years, this five-day conference has provided a “forum for the growing community of civilian oversight practitioners, law enforcement officials, journalists, elected officials, students, community members, and others to exchange information and ideas about issues facing civilian oversight of law enforcement, jails, and prisons.”

We expect to bring back some incredible insights and knowledge from our peers, which may influence our work in the future. That being said, the Budget and Grants Committee meeting and the Police Policy Committee meeting scheduled for October 14th and 16th, respectively, have been canceled while we’re away.

In the meantime, if you have any questions or concerns, please don’t hesitate to reach out to us.

Public Notice: Special Commission Meeting scheduled for Thursday, September 19, 2024

Over the weekend, we asked the community to share their thoughts on the candidates still in the running for the vacant Public Safety Inspector General position by completing an online survey. This public feedback form will remain open until the end of the day on Tuesday, September 17. CPC employees will then gather and analyze the responses and present the findings to the commissioners before or at the upcoming special commission meeting, scheduled for Thursday, September 19. At this meeting, the commissioners will consider all community feedback and, together, formally recommend a candidate to Mayor Justin Bibb for the Inspector General position.

Please join us at the CPC office from 6 to 7 p.m. to voice any last-minute concerns you may have during the public comment segment of our meeting. As always, we will be live-streaming the meeting on our YouTube channel. The chat box will be open, so feel free to leave questions, comments, or concerns there as well. We look forward to seeing you soon.

Canceled: Police Discipline Workgroup

This workgroup will review all CDP discipline letters and make recommendations to the full Accountability Committee on potential cases to review. We are looking for 5 to 7 dedicated individuals to meet with us once a week for 4 weeks.