Motion to Enforce the Cleveland Community Police Commission’s Right to Access Information

Date Filed: July 15, 2021

The United States respectfully requests that the Court order the City of Cleveland (the City) and the Cleveland Division of Police (CDP) to provide the Cleveland Community Police Commission (CPC) with information it requests to perform its duties under the Settlement Agreement.

The Settlement Agreement recognizes the CPC’s critical role in “the development of reforms, the establishment of police priorities, and mechanisms to promote community confidence in CDP [that] will strengthen CDP and the police-community relationship that is necessary to promote public safety.” Settlement Agreement between the United States and the City of Cleveland (SA), Dkt #7-1, par. 14. The City and CDP have delayed significantly, or have refused entirely, to provide the CPC with information necessary to perform its mandate under the SA.

The United States requests an order to enforce the CPC’s right to access information under Paragraph 19 of the SA and to facilitate the production of information to the CPC going forward.

Specifically, the United States requests an order: (1) requiring the City and CDP to provide the CPC, within 14 days, the information CPC has requested previously, which is set forth in Attachment A; and (2) with respect to all future CPC information requests, setting forth a process to resolve these requests quickly and efficiently as described more fully below. A proposed order is attached hereto.

Related:

Read the City of Cleveland's Response to US Motion as filed

Case Updates & Filings

CPC Recommends Reinstatement of Professor Ayesha Hardaway as Deputy Monitor

The following letter was sent via email to Monitor Hassan Aden on June 25, 2021.

June 25, 2021

Monitor Aden,

After thoughtful deliberation and consultation with community members, we are writing to recommend the reinstatement of Professor Ayesha Hardaway to your compliance team as the Deputy Monitor.

Professor Hardaway is unrivaled in her local connections to community groups and subject matter expertise regarding constitutional policing. She stood on her principles and many groups and individuals here in Cleveland have lifted her up for doing so. These principals embody the spirit of the Consent Decree and all that it hopes to achieve.

As the entity charged with leveraging the wishes of the people to effect changes in this process we ask that you reconsider your decision. As a servant of the people and the court we know you understand how important it is to the integrity of the Consent Decree to ensure the will of the community is not only heard but in fact, drives the process.

We look forward to our meeting in the near future.

Sincerely,

The Cleveland Community Police Commission

CPC Statements & News

Cleveland mayoral candidates discuss police reform during forum at Case Western Reserve University

In the News:

Cleveland mayoral candidates discuss police reform during forum at Case Western Reserve University

Posted By: WKYC
Date: June 24, 2021

Seven of the eight candidates on the ballot took part in the June 24 forum. Candidates were asked how they envision the future of policing in Cleveland, and how, specifically, the Cleveland Division of Police can better serve the city’s population. 

More In the News:

Applications for CPC Commissioners Open Now

The City of Cleveland and the US Attorney’s Office for the Northern District of Ohio are seeking qualified applicants to fill the remaining terms for two vacancies on the Cleveland Community Police Commission (CPC). Applications received may also be considered for other CPC vacancies that occur in 2021.

To be eligible for appointment to the vacant positions on the Commission, applicants must live or work in the City of Cleveland. The appointment period to fill is through September 2023. Candidates may complete an online application on the City of Cleveland website or obtain paper copies at City Hall entrances and at Cleveland Public Library branch locations. Commission members are not compensated and serve in a volunteer capacity. Applications are due July 7, 2021 at 5 p.m.

Commission members are picked by an independent selection panel appointed by Mayor Frank G. Jackson in accordance with the consent decree. The panel reviews all applications and recommends new CPC members. Members are then appointed to the Commission by the mayor to fill out the appointment term.

Application Deadline:
July 7, 2021 at 5:00pm

About the CPC

The CPC is a 13-person body created as part of the Consent Decree between the City and the Justice Department in 2015. The purpose is to foster improved police and community relationships and provide community input on the agreed reforms. The CPC consists of 10 civilian representatives and one representative from each of the three police union organizations: the Cleveland Police Patrolmen’s Association, the Fraternal Order of Police and the Black Shield. The current vacancies are for the civilian representative positions.

The 10 appointed civilian members include representatives of faith-based organizations, civil rights advocates, business/philanthropic groups, organizations representing communities of color, advocacy organizations, youth or student organizations, academia, and individuals with expertise in the challenges facing people with mental illness or the homeless. Learn more about the Commission and its work.

The mandate of the Commission is to: 

  1. Make recommendations to the Chief of Police and the City of Cleveland, including the Mayor and City Council, on policies and practices related to community and problem-oriented policing, bias-free policing, and police transparency.
  2. Work with the many communities that make up Cleveland for the purpose of developing recommendations for police practices that reflect an understanding of the values and priorities of Cleveland residents. 
  3. Report to the City and community as a whole and provide transparency on police department reforms.

How to Apply:

  1. Online: Click here for the online application. The online application can be submitted by email to selectionpanel@city.cleveland.oh.us, or it can be printed and submitted by hand delivery or by regular mail. 
  2. In Person: A printed paper copy of the application form can be obtained at Cleveland City Hall or your nearest branch of Cleveland Public Library. 

How to Submit a Completed Application: 

  1. By Email: Complete the PDF application,  then email the completed application as an attachment to the following email address: selectionpanel@city.cleveland.oh.us. Every application submitted by email will receive a confirmation email. If you did not receive a confirmation email, please check your spam folder. If you cannot locate the confirmation, please resend your application.
  2. Hand delivery: Hand deliver a completed application on or before July 7, 2021 to one of the drop-off boxes that are located at the security desks at the two entrances to Cleveland City Hall (601 Lakeside Avenue, Cleveland, OH 44114), between 8 a.m. and 4:30p.m.
  3. U.S. Mail: Mail a completed application, with the envelope having a postmark date of on or before July 7, 2021 to:

Attn: Commission Selection Panel
Office of the Mayor, Room 202
Cleveland City Hall
601 Lakeside Avenue
Cleveland, Ohio 44114

 
If you have trouble completing and/or submitting this application, please contact the CPC or email:
selectionpanel@city.cleveland.oh.us
    

CPC Requests DOJ to Reopen Civil Rights Investigation into the Homicide of Tamir Rice

The following letter was sent to the U.S. Department of Justice Civil Rights Division and to the Office of the United Stated Attorney on May 10, 2021.

May 10, 2021

Dear Ms. Karlan and Ms. Brennan,

The Cleveland Community Police Commission (CPC), in solidarity with the Rice family and others throughout Ohio, request that the Civil Rights Division of the Department of Justice (DOJ) re-open the investigation into the homicide of Tamir Rice.

Over the past month, Cleveland’s media outlets and others have reported what may have been “political interference” into the investigation by the previous administration. It is our belief that the Rice family deserves a fair and unbiased review of the circumstances that led to Tamir’s death free from political influence. Regardless of the outcome, it is the principle of equal treatment under the law that must prevail in this circumstance.

Sincerely,

The Cleveland Community Police Commission

CPC Statements & News

Commissioner Megan Testa Interview on Officer Wellness Work Group

In the Community:

Interview: Commissioner Megan Testa Discusses Police Officer Wellness – WOVU 95.9FM

Interview By: Our Voices Today with TC Lewis
Date: April 29, 2021

Community Police Commission member Megan Testa joined “Our Voices Today”, WOVU 95.9FM’s community affairs program, for a conversation with host T.C. Lewis. Commissioner Testa discussed her background as a psychiatrist, what brought her to the Commission, and the work being done in the CPC’s Officer Wellness Work Group she currently chairs. 

Listen to the Interview

More In the News:

City of Cleveland’s Tenth Status Report

Filed: April 5, 2021

Overview of Report

“The Consent Decree establishes at Section 387 provides that on a semi-annual basis the City is to file a status report with the Court that: Delineates the steps taken by CDP during the reporting period to comply with this Agreement; CDP’s Assessment of the Status of its progress; plans to correct any problems; and response to concerns raised in the Monitor’s previous semi-annual report.”

Case Updates & Filings

Monitoring Team’s 9th Semiannual Report

Date Filed: February 24, 2021

Unlike prior semiannual reports, this Ninth Semiannual Report is divided into two distinct sections. The first section examines the response of the City of Cleveland – principally the Cleveland Division of Police, through the lens of the Consent Decree – to the demonstrations that occurred between May 30, 2020 and June 12, 2020. The second section of this report is the more familiar update on the City of Cleveland’s progress toward achieving compliance with the Consent Decree.

Federal monitor outlines Cleveland police failings in response to May 30 George Floyd protests

In the News:

Federal monitor outlines Cleveland police failings in response to May 30 George Floyd protests

Posted By: Cory Shaffer, cleveland.com
Date: February 24, 2021

“CLEVELAND, Ohio — A team monitoring the progress of police reform in Cleveland since 2015 says authorities gave inappropriate dispersal orders to a crowd of protesters gathered outside the Justice Center during the May 30 protests of the police killing of George Floyd in Minneapolis.

The findings included in a 123-page report made public Wednesday say it was unlikely protesters heard police orders to clear the steps and entrance to the Justice Center, and that officers did not give people sufficient time to leave before launching explosive and chemical munitions into the mass of people.”