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letra de section two - background - the cleveland consent decree

1. on march 14, 2013, at the request of the mayor of cleveland and others, the united states department of justice (“doj”) announced the beginning of its investigation into cdp’s policies and practices to determine whether cdp engages in a pattern or practice of the use of excessive force in violation of the fourth amendment of the united states const-tution and the violent crime control and law enforcement act of 1994, 42 u.s.c. 14141 (“section 14141”)

2. as part of its investigation, doj, in consultation with experts in police practices, conducted a comprehensive -ssessment of officers’ use of force and cdp’s policies, procedures, training, systems of accountability, and community engagement. the investigation included multi-day onsite tours of cd p’s facilities, district command stations, and ride-alongs with officers in every police district; interviews with cleveland officials, cdp’s command staff, members of cdp’s specialized units, supervisors, and police officers; an extensive review of doc-ments; and numerous meetings with residents, community groups, members of religious communities, the office of professional standards, the civilian police review board, and other stakeholders

3. the city and cdp cooperated during the investigation and provided access to doc-ments, facilities, and personnel. many members of cleveland’s diverse communities, including community advocates, religious leaders, and members of cdp’s patrol officer and management unions, took an active interest in the investigation and played a critical role in providing information and facilitating a thorough investigation

4. on december 4, 2014, the department of justice publicly announced that it had reasonable cause to believe that cdp engages in a pattern or practice of using excessive force. doj announced that it had reasonable cause to believe that, although most force used by cdp officers was reasonable, a significant amount of deadly and less lethal force was excessive and const-tuted an ongoing risk to the public and to cdp officers. doj also determined that systemic deficiencies contribute to the pattern or practice of excessive force. these deficiencies relate to operational and structural areas of cdp, including its accountability systems, resource deployment, community policing efforts, policies, and officer support, training, equipment, and supervision. although doj did not specifically investigate cdp’s search, seizure, and arrest practices, doj’s force review revealed fourth amendment concerns in those areas as well

5. the city agrees that doj’s findings raise issues of importance to the city and the community that should be addressed. to that end, and simultaneous with the release of doj’s findings, the parties issued a joint statement of principles agreeing to begin negotiations with the intention of reaching a court-enforceable settlement agreement, to include the appointment of an outside independent monitor to ensure compliance with the terms of this agreement. in agreeing to address these important issues, the city is not agreeing with the findings

6. const-tutional policing and effective policing are interdependent, and rely on a strong partnership between the police department and the communities that it serves. to ensure that the reforms embodied in this agreement are responsive to community and officer concerns, the parties consulted extensively with community leaders, police officers, advocates, residents, and other concerned individuals who offered meaningful recommendations and insights on reform. this agreement reflects the broad input received by the parties from the diverse communities that make up the city of cleveland. the parties are committed to ongoing engagement with community stakeholders to foster continued partic-p-tion and long-term sustainability of the reforms created by this agreement

7. this agreement was reached as a result of the authority granted to the department of justice under section 14141 to seek declaratory or equitable relief to remedy a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the const-tution or federal law

8. this agreement is not intended to limit the lawful authority of the mayor of cleveland over the cdp or the lawful authority of the chief of police to oversee the operations of cdp

9. the parties acknowledge the appropriation authority of cleveland city council under the ohio revised code and the cleveland charter and codified ordinances. this agreement is not intended to override the lawful authority of the cleveland city council to appropriate funds

10. this agreement is not intended to i imit the lawful authority of cdp officers to use objectively reasonable force or otherwise fulfill their law enforcement obligations under the const-tution and laws of the united states and the state of ohio

11. this agreement will not be construed as an admission or evidence of liability under any federal, state, or munic-p-l law including 42 u.s.c. § 1983. nor is the city’s entry into this agreement an admission by the city, cdp, or its officers and employees that they have engaged in any unconst-tutional, illegal, or otherwise improper activities or conduct. the parties acknowledge the many cdp officers who have continued to work diligently and with integrity despite challenging circ-mstances

12. this agreement will const-tute the entire integrated agreement of the parties. no prior drafts or prior or contemporaneous communications, oral or written, will be relevant or admissible for purposes of determining the meaning of any provisions herein in any litigation or any other proceeding, except the department of justice’s december 4, 2014 findings letter

13. this agreement is binding upon all parties hereto, by and through their officials, agents, employees, and successors. if the city establishes or reorganizes a government agency or ent-ty whose function includes overseeing, regulating, accrediting, investigating, or otherwise reviewing the operations of cdp or any aspect thereof, the city agrees to ensure that these functions and ent-ties are consistent with the terms of this agreement and will incorporate the terms of this agreement into the oversight, regulatory, accreditation, investigation, or review functions of the government agency or ent-ty as necessary to ensure consistency

- the cleveland consent decree

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