November 30, 2018
Commissioners Mario M. Clopton-Zymler and Dr. V. Yvonne Conner were session moderators at the 2018 National Association for Civilian Oversight of Law Enforcement (NACOLE) Regional Meeting Series.
Search & Seizure Work Group Feedback on 5 GPOs
Submitted: November 14, 2018
The CPC Search and Seizure Work Group reviewed the following policy drafts: “Search and Seizure”, “Investigatory Stops”, “Probable Cause/Warrantless Arrests”, “Miranda Warning and Waiver”, “Strip Searches & Body Cavity Searches”.
Read the full Report & Recommendations: Search and Seizure (5) GPO Feedback (pdf)
Summary of Key Search and Seizure Work Group Findings:
- Many of the legal definitions in this policy could be strengthened with edits. In application of law the words chosen are critically important. Language changes make up bulk of the recommended edits to the proposed polices.
- Some extra-legal concepts in the draft policies caused confusion amongst the work group. The proposed solution was to limit or remove concepts that can cause chaos such as “non-custodial interview”
- It would greatly benefit the officers who must adhere to the policy if some concepts were simplified to “rules of thumb” or quick reference lists that balance people’s rights and officer’s safety and ability to enforce the law. An example of a concept that this can be applied to is “curtilage”
- In a few places the policies should be updated based on the Ohio Revised Code, other statutory reference, or most current case law.
- Some groups such as youth (juveniles) and gender non-confirming individuals deserved additional special mentions, or procedural adjustments in the draft policies.
CPC Draft Policy Recommendations for Response by the City:
- Review and fully adopt each of the five revised drafts submitted in this report or, in the alternative; review each proposed language change, addition or deletion as a single item and respond per item;
- Consider combining the Warrantless Arrests Policy with the Miranda Rights Policy.
- Utilize the higher Ohio Police Officer Training Academy instructor standard of a licensed Ohio attorney (bar card) with experience in the subject to be taught to teach topics 2-1 through 2-7 including laws of Arrest, Search & Seizure at Cleveland’s Basic Police Academy and for any continuing education topics related to these topics.; and
- Agree to partner with the Police Commission’s Search and Seizure Work Group to conduct a minimum of (1) know your rights/ search and seizure policy presentation at all 5 district policing committee meetings next year and (1) additional special weekend event hosted by the CPC.
Letters of Support for the CPC's Search & Seizure Recommendations
ACLU Ohio
"We write today to express support for the CPC's revisions to the Cleveland Division of Police's Search and Seizure, Investigatory Stops, probable Cause / Warrantless Arrests, Miranda Warning and Waiver, and and Strip Searches and Body Cavity Searches GPOs ("search and seizure policies")." <a href="https://clecpc.org/wp-content/uploads/ACLU-Ohio-Recommendations-for-search-and-seizure-GPOs-11-15-18.pdf"Read the Letter
NAACP Cleveland
"...the Cleveland Branch NAACP would commend the CPC Work Group and recommend that the parties to the Consent Decree adopt their recommendations and recommend to the Federal Court that these recommendations receive appropriate consideration in a timely manner." <a href="https://clecpc.org/wp-content/uploads/NAACP-Supports-Search-Seizure-Recommendations-2018.pdf"Read the Letter
Legal Aid Society
"We hear requests for greater police presence and engagement as well as for more accountability for police conduct. Well drafted, thoughtful search and seizure policies that are fully explained to the community and thoroughly implemented would be a significant step towards meeting the needs of low income residents in Cleveland." <a href="https://clecpc.org/wp-content/uploads/Legal-Aid-Society-Search-Seizure-Letter-12-03-18.pdf"Read the Letter
University of Alabama School of Law
"I write to express my strong support for the Cleveland Community Police Commission's recommendation that the Division of Police require that legal topics instructors in both Cleveland Basic Police Academy and continuing police education courses be licensed Ohio attorneys who have subject-matter expertise." Read the Letter
Bias-Free Policing; General Order Feedback
October 13, 2017
The CPC’s Bias Free Work Group has done extensive work gathering feedback from the community as well as examining bias free policing policy best practices from around the country. We were particularly interested in gaining an understanding of the views of people in Cleveland who have traditionally not had a voice and who may have substantial concerns with police practices, including but not limited to; communities of color, people who are homeless and housing insecure, and members of the LGBTQ and Muslim communities.
The CPC filed its initial report in Spring of 2016. Our most current recommendations build on the previous work. It is the CPC’s hope that the Cleveland Division of Police will incorporate the recommendations offered by the community, stakeholders and the CPC into its final policy.
Community Engagement Assessment Plan
September, 2017
This Community Engagement Assessment Plan (CEA Plan), which is required in compliance with ¶17c of the Consent Decree, reflects research garnered from the Seattle Community Police Commission Assessment Plan, relevant literature searches for best practices, suggestions from the Cleveland CPC staff, the Community Engagement Committee and Commissioners. With the hiring of a Policy Analyst and a second Community Engagement Coordinator, the Cleveland CPC anticipates additional edits and fine tuning of the plan as the CPC becomes more adept at processing qualitative data.
The CEA Plan supports an evidence-based tracking of improvements in the pattern and practice of excessive use of force and unconstitutional policing and community-police relations that lead to building trust. Tool design, data collection and analysis will be used to track change and develop effective strategic measurements overtime.
Community & Problem-Oriented Policing (CPOP) Summary of Community Feedback & Recommendations
Published: July 2017
The Consent Decree (“the Decree”) requires the Cleveland Division of Police (CDP) to “develop and implement a comprehensive and integrated community and problem-oriented policing model” to “promote and strengthen partnerships with the community . . . and increase community confidence in the CDP.”
The Decree also requires that the Monitoring Team work with the CDP and the Cleveland Community Police Commission (CPC) to engage the community as the CDP develops its community and problem-oriented policing (CPOP) Plan. In the first half of 2017, the Monitoring Team, the City of Cleveland, the CDP, the Department of Justice (DOJ), and the CPC (collectively the “Stakeholders”) embarked on a collaborative engagement process (“community engagement process”) to solicit meaningful community feedback to guide the Division as it develops its CPOP Plan. This report summarizes this engagement process and the feedback received through it.
CPC Statement on Body Worn Cameras for Officers
May 9, 2017
The Cleveland Community Police Commission stands firmly in support of requiring the use of body-cameras whether officers are engaged in primary or secondary employment. The Commission strongly recommends if police are acting under the color of law, they should be held to the same standards of accountability as if they were on-duty.
Cleveland Division of Police Discipline GPO and Matrix Feedback
May 1, 2017
The Cleveland Community Police Commission, as per the Consent Decree, is providing recommendations for the disciplinary guidelines GPO 1.1.11.
Our recommendations, highlighting parameters that are insufficiently addressed or not addressed at all, were informed by research of best practices and example disciplinary policies from police departments around the nation. Input also was sought and received from the community in two ways. Various groups and organizations such as SURJ (Standing Up for Racial Justice) and the ACLU (American Civil Liberties Union) provided written assessments, and community members from across the City of Cleveland have volunteered their feedback during break-out discussions and public comment periods at Commission meetings.
Read Document: Disciplinary GPO/Matrix Policy Feedback (pdf)
Share page:
More CPC Reports & Recommendations
CDP Equipment & Resources Plan Feedback
December 12, 2016
On November 30, the Cleveland Community Police Commission (CPC) received the draft Cleveland Division of Police (CDP) Equipment and Resource Plan. The CPC solicited feedback primarily in three ways: (1) by holding breakout sessions at its November 30th CPC Full Commission meeting; (2) through a targeted email query to community organizations; and (3) from Commissioners.
The community feedback in this document reflects all three sources, with the majority of the information stemming from community input during breakout sessions at its Full Commission meetings. The discussion was guided by the set of questions listed in the document.
Read the Document: CDP Equipment and Resource Plan Feedback (pdf)
Use of Force: Reporting & Investigations
May 10, 2016
Use of Force Investigations & Review Policy:
Summary Report & Initial Recommendations
The CPC collected the concerns, experiences, values, and issues related to the internal, administrative investigations and subsequent review of force from members across Cleveland’s diverse communities into a written document that fairly and accurately summarizes community input received. The CPC distributed the document to CPD, the Parties, and the Monitor.
Read the Document: Use of Force Investigations & Review Policy Report (pdf)
Bias Free Policing Recommendations Report – Revised
May 3, 2016
The Cleveland Community Police Commission (CPC) is pleased to present this Bias‐Free Policing Report, which details recommendations to the Chief of Police, the Cleveland Police Department, and the City, including the Mayor and City Council, on bias‐free policing policies, procedures, and training.
The CPC thanks the many community leaders, activists, and subject-matter experts who participated in our work group meetings and are listed in the report. Although extensive work has been done by the work group, this report should be considered an initial report. We expect to modify and/or expand our recommendations during the course of 2016 as we continue to meet with the community, CPD, and other interested and concerned parties. It should also be noted that the CPC is required to issue future separate reports on community and problem‐oriented policing and police transparency, which is why our bias‐free policing recommendations touch on both subjects but do not address them comprehensively.
Read the Document: Bias Free Policing Recommendations Report (pdf)