Police Oversight:
Independent Police Auditor
and Civilian Review Models
1 Santa Rosa City Council
May 24, 2022
John Cregan, Chief of Police
Brian Corr, OIR Group Equity
Consultant
Teresa Magula, OIR Group
1 OVERVIEW OF PRESENTATION
• Review of National Association for Civilian Oversight of Law Enforcement (NACOLE) effective practices for law
enforcement oversight
• Review of the scope of work and responsibilities of the Independent Police Auditor, OIR Group LLC (OIR)
• Examination of civilian oversight models
2 NATIONAL ASSOCIATION FOR
CIVILIAN OVERSIGHT OF LAW
ENFORCEMENT
• NACOLE is a non-profit organization that brings together individuals and agencies working to establish or improve oversight of police officers in the United States
• Established effective practices for oversight of police agencies • www.nacole.org
3 The Thirteen Principles of
Effective Civilian Oversight
4 1. Independence
2. Clearly defined and
adequate jurisdictional
authority
3. Unfettered access to
records and facilities
4. Access to law enforcement
executives and internal
affairs staff
5. Full cooperation
6. Sustained stakeholder
support
7. Adequate funding and
operational resources
8. Public reporting and
transparency
9. Policy and pattern analysis
10. Community outreach
11. Community involvement
12. Confidentiality, anonymity,
and protection from
retaliation
13. Procedural justice and
legitimacy
Key Considerations for
Evaluating Effective Practices
5 Is this practice an appropriate “fit” for our local
context?
How will this practice strengthen civilian oversight in relation to the thirteen principles for effective
oversight?
What are the potential unintended consequences of
implementing this practice?
“Best practices” vs.
“Effective practices”
6 Limitations on the applicability of a “best practices” approach has led NACOLE to propose an “effective
practices” approach based on thirteen principles that serve as a foundation for successful and effective oversight.
The form that oversight takes in a community should be one that is possible, feasible, and congruent with community expectations.
The “best” form of oversight will depend on the local
circumstances of the jurisdiction.
Common Models of Oversight
7 Ensures the community
can provide input into
the complaint
investigation process.
Community review of
investigations may
increase public trust in
the process
An individual or a
board/commission
authorized to review
completed internal
investigations – can
agree/disagree with
findings
Full-time civilian
investigators may have
highly specialized
training
Investigations conducted
by oversight agency-
does not rely on
investigators from within
the police department
Civilian-led
investigations may
increase community
trust in the investigation
process
Often have more robust
reporting practices than
other models
May be more effective at
promoting long-term,
systemic change in
police departments
Generally less expensive
than full investigative
agencies
Allow the agency to
actively engage in many
or all the steps of the
complaint process
Contain elements from
one or more of the three
models
Have been developed to
address the needs of a
specific community and
conform to state or local
laws
May be modifications of
a previous oversight
agency
Are increasingly
common
Review-focused Investigation-focused Auditor/Monitor
focused
Hybrid Models
NACOLE/COPS Office Research
Report on the State of the Field & Effective Practices
8 NACOLE and the U.S. Dept. of Justice Office of
Community Oriented Policing Services (COPS Office)
released the following in July 2021:
• Nine Case Studies of Civilian Oversight Models
• Report on the State of the Field and Effective
Oversight Practices
• Decision-Making Guidebook on Establishing and
Strengthening Various Models of Civilian Oversight
• Interactive Online Toolkit at:
www.NACOLE.org/COAD
• All available at www.NACOLE.org/recent_reports
NACOLE/COPS Office Findings:
Key Principles and Practices for Effectiveness and Sustainability 9 • The number of civilian oversight agencies continues to grow.
• Data-driven policy analysis is increasingly common.
• Access to department records and information varies
greatly.
• Accountability and evaluation requirements for
civilian oversight agencies are increasingly common.
• There is an increasing focus on front-end
accountability, rather than only back-end
accountability.
• Centering procedural justice and legitimacy with all
stakeholders is essential for effective oversight.
OIR GROUP LLC
• On November 30, 2021, the Santa Rosa City Council
approved OIR as the Independent Police Auditor (IPA). The auditor reports directly to the City Manager and is under the operating authority of the City Manager
• Eleven key scope of work areas are already in place and/or a timeline for implementation has been identified
10 OIR SCOPE OF WORK
1. Review of Police Department’s Internal Investigations and Citizen Complaints
• OIR participates in and reviews all internal investigations and citizen complaints
• OIR can attend interviews, ask questions, and assess credibility
2. Receipt of Citizen Complaints
• Santa Rosa Police Department (SRPD) created a process and OIR has access to all citizen complaints. OIR and SRPD Professional Standards Team members meet via zoom approximately every two weeks
• Department website updated to reflect the IPA and how to contact them directly
• Notification letters to the complainant includes information that IPA has reviewed the incident
11 OIR SCOPE OF WORK
3. Notice of Death, Serious Injury, or Other Critical Incidents • SRPD had one case this year and OIR was notified on the date of the incident and provided full details of what was known prior to the BWC upload and police report being written
4. Audit of SRPD Misconduct Complaints, and Discipline
Process
• OIR has access to the SRPD complaint database which includes all records available to the Professional Standards Team
• June 2022 – 6 month review
• OIR provides ongoing review through bi-weekly meetings 12 OIR SCOPE OF WORK
5. Audit of SRPD Policies, Procedures, and Training
Anticipated starting dates:
• June 2022 – RIPA compliance review
• June 2022 – Bias evaluation done in accordance with RIPA compliance review
• December 2022 – Annual audit
• December 2022 – Individual Use of Force investigations (including Taser usage and UOF aggregate data)
• December 2022 – Body-worn camera usage and use of force reviews by supervisors and Professional Standards Team
• December 2022 – Policies, practices, and procedures related to legal mandates in the area of use of force and equipment 13 OIR SCOPE OF WORK
6. Recommend Changes/Improvements to Policy, Procedure, or Training to ensure the best equitable policing environment To begin December 2022:
• Systematically review SRPD existing policies and procedures and evaluate new or changed policies
• Systematically review SRPD training
• Make written recommendations to the Police Chief for
improvements or changes to SRPD policy, procedure, or training regarding any matter
14 OIR SCOPE OF WORK
7. Reports/Presentations to City Council and Public Safety Subcommittee
• Annually, beginning March 2023
8. Conduct Independent Investigations
• OIR will conduct investigations as needed, and have the authority through City Manager to initiate one
• CM can initiate investigations for OIR to complete
15 OIR SCOPE OF WORK
9. Community Outreach
OIR and its Equity Consultant (Brian Corr) to meet with various City and community stakeholders to seek input on policing issues • April 20, 2022 - Met with Chief’s Community Ambassador Team • Summer 2022 – Meet with stakeholders and participate in ride- a-longs
Community meetings will be facilitated by the Mayor or his/her designee twice a year. These meetings will engage and inform residents in the role, work and outcomes of the Independent Police Auditor
OIR is responsible for having culturally and linguistically responsive staff to meet the community needs of the City
Community engagement timeline and process being finalized by the CM and OIR
16 OIR SCOPE OF WORK
10. Reporting Responsibility
OIR reports directly to the City Manager and is under the operating authority of the City Manager
• Michael Gennaco of the OIR Group meets with the City Manager on a regular basis
11. Equity Consultant
To assist with carrying out the Scope of Work, OIR is contracting with an equity consultant
• OIR is currently in contract with Brian Corr. Brian Corr is the past President of NACOLE (National Association for Civilian Oversight of Law Enforcement)
• Mr. Corr is the Executive Director of The Police Review and Advisory Board for the City of Cambridge, Massachusetts and has over 30 years of experience
17 SRPD PROFESSIONAL STANDARDS
TEAM (PST)
SRPD has a full time Sergeant and Lieutenant dedicated to the PST. All complaints are thoroughly investigated and reviewed by the PST.
To Reach the Professional Standards Team:
Call (707) 543-3559, send an email to [email protected], pick up a complaint form, in English or Spanish, from the Police Department lobbies, or download a commendation/complaint form from the website. Forms are available in either English or Spanish If the community wishes to communicate with someone outside of the Police Department, they may contact the Independent Police Auditor, OIR Group LLC, at (310) 906-0529 or email:
• Michael Gennaco, Principal of OIR Group: [email protected] • Stephen Connolly, Principal of OIR Group: [email protected] • Teresa Magula, OIR Group: [email protected]
18 OVERVIEW OF CIVILIAN
OVERSIGHT MODELS
• Anaheim
• Novato
• San Leandro
• IOLERO
19 CITY OF ANAHEIM
• City Manager’s (CM) Office oversees Review Board
• Lottery system
• One person per district and one from city at large (7 total) • Background check conducted by contractor of CM office • Trained on legal standards, department policies, and
participate in ride-a-longs
• Briefed on major incidents
20 CITY OF ANAHEIM
• Access to publicly released reports/ BWC footage before public release
• Review policies/training and make recommendations
• Complete an Annual report
• Refer complaints to CM, or Independent Police Auditor 21 CITY OF NOVATO
• City Council interviews/selects all applicants
• 7 total members
• No requirement to have one applicant per district
• Human Resources (HR) is liaison
• Receive training on Brown Act and Sexual Harassment
• Quarterly meetings
22 CITY OF SAN LEANDRO
• Each council member chooses one applicant from their
district. The entire council must then approve that person • Two “student” members on panel. Students are between 16-22 years old
• No background check
• 30 hours of training and must go on a ride-along
• Provide input on budget, chief hiring, policies/training • Complete an annual report
• Refers complaints to Independent Police Auditor
23 COUNTY OF SONOMA
Independent Office of Law Enforcement Review and Outreach (IOLERO)
• Established by Sonoma County Board of Supervisors in 2016 • Provide objective and independent review of complaints against the Sheriff’s Office
• Receive citizen complaints against the Sheriff’s Office and forward them to the Sheriff’s Office for review
• Advise if an investigation appears incomplete and propose further investigation
• Propose policy and training recommendations to the Sheriff’s Office based on the complaints
• Increase transparency of law enforcement operations
• Conduct outreach to the community 24
COUNTY OF SONOMA
• Produce a public report about the complaints and
recommendations on a summary level
• Conduct independent investigations "[w]here, in the opinion of the director, the investigation of a complaint or incident by the sheriff-coroner is incomplete or otherwise deficient." • IOLERO utilizes a Community Advisory Council (CAC) made up of 11 members of the county, appointed by Board of Supervisors IOLERO is not authorized to:
• Change the decisions made by the Sheriff’s Office
• Decide policies for the Sheriff’s Office
• Impose discipline on any Sheriff employee for any reason • Interfere with the performance of the Sheriff’s Office 25
COUNTY OF SONOMA
Community Advisory Council (CAC)
• Board of Supervisors selects the members: Supervisors select two each and IOLERO selects one
• 11 total members
• No background check
• Review of policies and makes recommendations
• No complaint review
• No access to BWC or reports
• No formal training process
26 CIVILIAN OVERSIGHT
MODELS REVIEWED
ANAHEIM NOVATO SAN
LEANDRO
COUNTY OF
SONOMA
Independent Police
Auditor
Yes/Minimal No In Process Yes
How members chosen Lottery Council Council
person
Board of
Supervisors
Background check Yes (minimal) Yes (minimal) No No
Policy/Review Recommend Recommend Recommend Recommend
Complaint Review No At CM
request
No No
Access to BWC/reports Redacted No Redacted No
Training Yes Minimal Yes Nothing
formal
27 OIR SCOPE OF WORK
1. Review of Santa Rosa Police Department’s internal investigations and citizen complaints
2. Receipt of citizen complaints
3. Notice of death, serious injury, or other critical incidents
4. Audit of SRPD misconduct complaints, and discipline process
5. Audit of SRPD policies, procedures, and training
6. Recommend changes/improvements to policy, procedure, or training to ensure the best equitable policing environment
7. Produce reports
8. Ability to conduct independent investigations
9. Community outreach
10.Reporting responsibility
11.Equity Consultant
28 QUESTIONS?
29