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RES 2004-0547 - Public safety auditor's report for quarter ending March 31 2004 oH1AHA,d,F 40 /01de's� Public Safety Auditor z r ► 1 � RECEIVED 1905 Harney Street,Ste.530 t �J Omaha,Nebraska 68102 o® r �r` � (14 IIPR 28 p1: 51 (402)546-1704 AOR • •t�BU FEBRV � p• Tristan Bonn CITY i Lt [i Auditor City of Omaha (NA HA hi' "ICDRItSril Mike Fahey,Mayor April 28, 2004 Buster Brown, City Clerk Dear Mr. Brown: Enclosed please find the copy of the Public Safety Auditor's quarterly report for copying and distribution to the Auditing Committee. Please contact me if you have any questions. Thank you, ,),,...„t4n, Tristan Bonn Public Safety Auditor !Public Safety Auditor's Report+ For the Quarter Ending March 31 s, 2004 ' - • •.1-i,AlalA' .4.i. : • ' >: i. , 43 ) 1 : ...- .... . __._ ..,...7....1....,• . ...... .,._ , ___,„:„...„. • ,..,.. ; •___,.. . _ ... .. .). - . • ... . •-,..-.,-, . ., ...in:. • { •'r li __�s n'ilIP RN 11 :) •-�W". AA vV '. ' - ...tea '" v• ••.erg i.,'j _ 1'1,�_ "We Are Here to Serve You" Tristan Bonn Public Safety Auditor Executive Summary Public Safety Auditor's Report For the Quarter Ending March 31, 2004 Police The first quarter of 2004 did repeat a beginning of the year dip in citizen feedback and complaints. Completed investigations were down to 21 from last quarter's 29. This number usually spikes back up in the summer months. Meanwhile,the Department continues its historic turnover in personnel. Training academies are scheduled throughout the year to replenish retiring ranks. This quarter's report highlights several positive trends in commendations, in the Internal Affairs Unit, and throughout the Department generally, notably more community visibility and interaction. The Department is also undergoing CALEA review for its national accreditation. A pattern of complaint regarding Special Events/Crowd Control is identified and reported this quarter. A recommendation to form a"Risk Management Team" is discussed this report, as well. Completed Investigations 21 Number of Allegations 92 Number Sustained 10 Number Unfounded 13 Fire The two year review of the Fire Department citizen feedback is contained in this report. The Fire Department does not have the type or rate of contact or complaint as the Police Department. Nonetheless,there is valuable information to report from this count. Most notably, the recommendations adopted by the Internal Affairs Unit have improved the overall investigative process. Completed Investigations 1 Number of Allegations 03 Number Sustained 0 Auditor The Auditor's Office is approaching its third anniversary in June 2004. All of the published reports and more information about the complaint process are located on the website www.ci.omaha.ne.us—click on departments then Public Safety Auditor under related agencies. Citizen Contacts 142 Cases Monitored 35 Interviews Reviewed 162 Outreach Events 09 Public Safety Auditor's Report* For the Quarter Ending March 31, 2004 This is the eleventh full quarter report published by the Office of the Public Safety Auditor. In this quarter,the completed investigations numbered 21, a drop from last quarter's 29 and down from 26 for the first quarter of 2003. In addition, overall citizen contacts of 142 were lower than the average of 160 over the first eight quarters. This lower contact and complaint rate mimics a similar seasonal first quarter drop evidenced in the past two years. This report also contains a two year count of the Fire Department feedback. While there is very little data overall to report about the Fire Department,there has been much improvement made to the Internal Affairs' citizen complaint process. The following areas are covered: - The Mission and Guiding Principles of the Office of the Public Safety Auditor - Introduction - Staff Training and Development - Citizen Contacts and Complaint Patterns - Findings - Review of Internal Affairs Investigations - Community Outreach - Two Year Review - Discussion - Recommendations - Conclusion Mission The Public Safety Auditor's mission is to provide an independent review and to promote public awareness of the citizen complaint process;thereby, increasing greater police and fire accountability by the Omaha Police and Fire Departments. Guiding Principles The operating philosophy of the Office of the Public Safety Auditor consists of the following guiding principles under which this Office strives to reach its goals: -A special acknowledgement is due both Teresa Guerrero-Daley,Police Auditor for the City of San Jose, and Pierce Murphy,Community Ombudsman for the City of Boise. Their generous support of ideas, materials,and advice greatly assisted in the publication of this report. 1 - to provide equal, fair, and impartial access to the services of the Public Safety Auditor;without regard to age,race, gender, creed,color,nationality, or station in life; - to treat all individuals,regardless of their attitude or demeanor,with the same courtesy, tolerance, sensitivity, and dignity any person would expect if placed in a similar situation; - to provide quality,timely, objective, and responsive services to those persons who request the assistance of this Office. Introduction 4, Officeof the Independent Police Auditor(the title was changed to On June 2001,the p Public Safety Auditor effective December 25, 2001)opened. The Office was established to increase public confidence in the Internal Affairs process of the Omaha Police Department, specifically related to investigations of Citizens' Complaints. The Auditor independently reviews all Internal Affairs investigations of Citizens' Complaints to ensure that the investigation was conducted thoroughly, fairly, completely, and objectively. The Auditor may be present at all interviews conducted during the course of the investigation. The Auditor may ask questions through the Internal Affairs investigator and may ask that further witnesses are contacted or further investigation is conducted. The Auditor may review all reports, statements, evidence, or information contained in the investigative file. The Auditor does not have the authority to conduct her own investigations. The Auditor's Office is an independent office and reports to the Auditing Committee, which consists of the Mayor, City Council, the Chief of Police, and the Chief of Fire, who was added effective December 25, 2001. The primary functions performed by the Auditor's Office are: 1)monitoring and auditing Internal Affairs investigations of Citizens' Complaints; 2) compiling a statistical database of citizen contacts and complaints about the Police Department and the Fire Department, which was added effective December 25, 2001; 3) preparing quarterly reports tendered to the City Clerk containing trends,patterns, and recommendations for consideration by the Auditing Committee; and 4) increasing public awareness about the complaint process. Quarterly reports are available through the City Clerk's Office and the Auditor's Office. They are also available on the City's website—www.ci.omaha.ne.us. The Office of the Public Safety Auditor is located at the Exchange Building, 1905 Harney Street, Suite 530; a site separate from the Police and Fire Departments. Citizens wishing to learn more about the complaint process can contact the Auditor at 546-1704, stop in at the above-mentioned address, or e-mail tbonn@ci.omaha.ne.us. A complaint form for OPD can be obtained at any police precinct,police headquarters, library branch, 2 the Auditor's Office, the Mayor's Office, or downloaded off of the Police Department's or the Auditor's website—www.opd.ci.omaha.ne.us or www.ci.omaha.us click on departments,then click on the Auditor's link under Related Agencies. Once citizens have completed the OPD complaint form, they may contact either the Internal Affairs Unit directly or the Auditor's Office to initiate the complaint. Complainants are advised that the complaint will be assigned to an investigator in the Internal Affairs Unit. The investigator will then contact the citizen to formalize the complaint and schedule the first interview. Investigations must be completed within forty-five working days of the date the Internal Affairs Unit or a command officer first learned of the complaint. Effective December 25, 2001,the Office of the Independent Police Auditor was changed to the Office of the Public Safety Auditor. The Auditor was charged with performing the same oversight functions in the Omaha Fire Department as in the Omaha Police Department. The Fire Chief was added as a member of the Auditing Committee. The effective date for oversight of the Fire Department was December 25, 2001, and the Auditor began collecting data January 1, 2002. A complaint form for a complaint against the Omaha Fire Department can be obtained from any fire station, fire headquarters, Fire Department website, and from the Auditor's office or website. The complaint form lists a contact number. Once this contact has been made,the complaint is then forwarded to the OFD's Internal Affairs investigator who conducts an investigation. This must be completed within thirty-five working days. In addition, citizens may call the Auditor's Office for any information about the Fire Department. Staff Training and Development During the first quarter of this year, the Auditor attended the following training or development programs: The Auditor met with several new management personnel in their new capacity to familiarize them and the Auditor with eaches'respective new roles and positions. This included the Chief, Deputy Chiefs and the Internal Affairs Lieutenant. In an ongoing effort to learn and oversee the process of integrating the Criminal Justice Information Management Systems(CJIMS), pursuant to a COPS grant,the Auditor attends, reviews, and tracks bi-monthly meetings involving the many and various criminal justice agencies in Omaha and Douglas County involved in sharing criminal justice related information. In addition,the Office's administrative assistant has been trained to provide information about complaints, make referrals, and assist in follow up calls as back up for the Auditor. 3 Citizen Contacts and Complaint Patterns Citizen Contacts The Office of the Public Safety Auditor for the City of Omaha tracks the number of contacts made by members of the public. Included in the number were contacts made by telephone, e-mail, letter, or in person. The following is a breakdown of those contacts, first by month and then by type. Month Number of Contacts January 50 February 53 March 39 Quarter Total 142 Type of Contact Number of Contacts Allegation/Inquiry 53 (52 OPD, 1 OFD) Commendations 13 (13 OPD, 0 OFD) Referrals to Other Agencies 13 General Inquiry/Follow Ups 25 (25 OPD, 0 OFD) Community Outreach 38 Other 00 Requests for Review of Complaints 00 Total Contacts 142 Contacts categorized as "Allegation/Inquiry"were contacts that wanted to initiate a citizen complaint and needed information on how to begin the process. Many contacts in this category included lengthy discussions between the Auditor and members of the public that wanted to detail their individual incident and requested help in completing a Citizen Complaint Form. Contacts categorized as"Commendations"refer to contacts initiated by citizens to commend the service of an officer or fire personnel. 4 Contacts categorized as"Referrals"were generally members of the public that did not know where else to call or were frustrated with attempts to find the right person to assist them. The Auditor or a member of her staff generally handled these contacts in an immediate manner. Included in these were contacts that needed to be referred to an outside law enforcement agency, a different City of Omaha Department, or agencies that provide legal assistance. The Auditor or a member of her staff personally handled all contacts categorized as "General Inquiries/Follow Ups." These contacts typically involved questions about the Auditor's Office, Police Procedures, and the status of complaints previously filed. "Community Outreach" contacts included calls and visits from members of organizations that were interested in learning more about the Auditor's Office and the duties of the Public Safety Auditor. Most of these contacts included requests to speak at meetings, forums, and neighborhood events. The majority of these contacts were a result of a mass mailing conducted by the Auditor's Office to Neighborhood Associations, Libraries, School Districts, and Diverse Organizations within the Omaha area. Contacts categorized as "Other" included comments, suggestions, and input from members of the public in regard to the Auditor's Office. Contacts categorized as "Requests for Review" are contacts that were made by complainants who requested that the Public Safety Auditor review the outcome of their specific Citizen Complaint. Complaint Patterns Police The following shows the number of Pending Complaint Forms that the Public Safety Auditor received from the Internal Affairs Unit in the past three months. A citizen complaint is first tracked in the Internal Affairs Department by a"Pending Complaint Form." This form indicates the citizen has completed the Formal Complaint Form and contacted the Internal Affairs Unit, the Auditor, or a Command Officer and that the citizen is prepared to proceed. Frequently citizen complaints do not result in a completed investigation, although a"Pending Complaint Form"was completed. These complaints are categorized as "DNF's"or Did Not Formalize. In these cases,the citizen did not elect to go through with the formal investigation. Sometimes the citizen does not choose to formalize the complaint. In other instances, the citizen may be satisfied with the complaint being referred to the Officer's supervisor. In these cases, the supervisor may handle minor violations with a"Line Investigation,"which may result in a counseling or reprimand. The Internal Affairs Unit does not track results of a line investigation as a part of the citizen complaint process. "Formal Investigations"are, then, formalized citizen complaints that have completed investigations. The breakdown of"Pending," "DNF," and"Completed Investigations"are as follows: 5 Month Number of Pending Complaints January ' 08 February 09 March 13 Total 30 Month Number of Complaints that DNF'd January 02 February 04 March 06 December* 02 Total 14 *Data was not available for 2003 41h Quarter Report The following shows the number of Citizens' Complaint Forms that were closed by investigations conducted by the Internal Affairs Unit and reported to the Auditor's Office in the past three months. Month Number of Completed Investigations January 01 February 11 March 08 October* 01 Total 21 *Data was not available for 2003 4th Quarter Report. A single completed investigation may contain numerous allegations against more than one Officer. The following is a breakdown of the allegations made by citizens. Although only 21 cases had been investigated,multiple allegations and multiple Officers are often listed on a single Citizen's Complaint Form. 6 Allegation Number of Allegations Made 01. Improper Procedure 27 02. Excessive Force 27 03. Verbal Abuse 18 04. Unprofessional Conduct 12 05. Discrimination 03 06. Failed to Take Report 02 07. Harassment 01 08. False Arrest 01 09. Criminal Act 01 Total Number of Allegations 92 Total Number of Personnel Investigated 42 Sworn 38 Non-Sworn 04 The following is a breakdown of the precincts in which complainants in the 21 completed investigations reside,the precinct in which the incident occurred, and the precinct/assignment of the 42 police personnel investigated. Precinct Where the Complainant Resides Southeast-2 Northeast-8 Southwest-2 Northwest-7 Out of Area-4 Race/Ethnicity and Gender of Complainants White male-4 White Female-0 Black Male-12 Black Female-5 Hispanic Female-1 Hispanic Male-1 7 Precinct Where Incident Occurred Southeast-7 Northeast-7 Southwest-1 Northwest—6 Precinct/Assignment of Officers Investigated Southeast-7 Northeast-17 Southwest-2 Northwest-5 CIB-7 Race/Ethnicity and Gender of Known Officers Investigated White Male-29 White Female-3 Black Male-3 Hispanic Male-2 Hispanic Female-1 Assignment of Non-Sworn Personnel Investigated Detention-4 Race/Ethnicity and Gender of Non-Sworn Personnel Investigated White Male-2 Unknown-1 Hispanic Female-1 Below is a breakdown of the years of service for the 38 sworn police personnel involved in investigations. -1 Year 1-3 Years 4-6 Years 7-10 Years 11-15 Years 16-20 Years 21+Years 2 18 4 3 5 4 2 Below is a breakdown of the years of service for the 4 non-sworn police personnel involved in investigations. -1 Year 1-3 Years 4-6 Years 7-10 Years 11-15 Years 16-20 Years 21+Years 1 0 1 1 0 1 0 Findings Pursuant to the Omaha Police Department General Order,the following are possible fmdings resulting from an Internal Affairs investigation of a Citizen Complaint Form: Unfounded - false allegation. Exonerated - incident occurred but was lawful procedure. Not Sustained - not enough evidence to prove or disprove. 8 Sustained - enough evidence to believe the allegation is true. Policy Failure -the incident may or may not have occurred,but the investigation disclosed faulty practices, policies and/or procedures. The following is a breakdown of findings on allegations contained in completed first quarter investigations: Unfounded 13 Exonerated 14 Not Sustained 50 Sustained 10 Policy Failure 00 Court Issue 04 No Finding 01 Total 92 Allegation Outcome 01. Improper Procedure 8 Exonerated, 10 Not Sustained, 5 Sustained, 3 Court Issue, 1 No Finding 02. Excessive Force 1 Exonerated, 3 Unfounded, 23 Not Sustained 03. Verbal Abuse 3 Exonerated, 1 Unfounded, 14 Not Sustained 04. Unprofessional Conduct 5 Unfounded, 2 Not Sustained, 5 Sustained 05. Discrimination 3 Unfounded 06. Failed to Take Report 2 Exonerated 07. Harassment 1 Unfounded 08. False Arrest 1 Court Issue 9 09. Criminal Act 1 Not Sustained Action Taken A total of 92 allegations were investigated in the past three months. Of those 92 allegations, 10 were sustained and resulted in the following action for personnel involved: 1-Termination* 1-Reprimand 4-Job Performance Interview * Case closed in October 2003. Fire The following shows the number of Pending Complaint Forms that the Public Safety Auditor received from the Omaha Fire Department's Internal Affairs Unit in the past three months. Month Number of Pending Complaints January 01 February 02 March 03 Total 06 Month Number of Complaints that DNF'd January 01 February 01 December 00 Total 02 Month Number of Completed Investigations January 00 10 February 00 March 01 Total 01 Allegation Number of Allegations Made 1. Unprofessional Conduct 02 2. Improper Procedure 01 Total Number of Allegations 03 Total Number of Personnel 01 Investigated District Where the Complainant Resides District#5 Race/Ethnicity and Gender of Complainant White Male District Where Incident Occurred District#5 Race/Ethnicity and Gender of Fire Personnel Investigated White Male Below are the years of service for the 1 fire personnel involved in an investigation. 20+years Findings Pursuant to the Omaha Fire Department Standard Operating Procedure,the following are possible findings resulting from an Internal Affairs investigation of a Citizen Complaint: Unfounded -the allegation is false or not factual. 11 Exonerated -the procedures used were lawful and proper. Not Sustained - insufficient evidence to prove or disprove the allegation. Sustained -the allegation is supported by sufficient evidence. The following is a breakdown of findings on allegations contained in completed first quarter investigations: Unfounded 01 Exonerated 01 Not sustained 00 Sustained 00 No Finding 01 Total 03 Allegation Outcome Unprofessional Conduct 1 Unfounded, 1 No Finding Improper Procedure 1 Exonerated Review of Internal Affairs Investigations Police Currently,the Auditor is monitoring all Citizens' Complaints investigated by the Internal Affairs Unit. In cases where the Auditor cannot attend an interview,the interview tape is transcribed and forwarded to the Auditor for review(the Internal Affairs Unit generally transcribes interviews as a matter of course). In addition,the Auditor has been working with the Internal Affairs Unit to perfect notification processes to ensure the Auditor is notified of upcoming interviews as well as developments and documentation in the investigation file. The Auditor reviews all ongoing investigations on the 20th, 30`h, 40th and closing day of the investigation. This way,the Auditor can review the file to ensure that the investigation has been conducted thoroughly, fairly, objectively, and completely pursuant to the ordinance. The department is still behind in providing sufficient staff to transcribe interviews(although an additional typist began work in April). Some cases closed before any or all of the interviews could be transcribed for the Auditor's review. The Auditor cannot complete an accurate review of the investigation without this 12 information. The Auditor monitored 35 cases in this quarter. Out of 35 cases, 21 resulted in completed formal investigations. In monitoring formal investigations, the Auditor reviews cases to determine whether there is sufficient evidence to support the Chief's findings. The Auditor had no disagreements with the Chief's findings this quarter. In addition,no citizen requested the Auditor review their investigation for fairness, thoroughness, completeness and objectivity. Disagreed With Case Findings 00 Requests for Review of Completed Investigations 00 Interviews Conducted Internal Affairs Interview Notifications The Office of the Public Safety Auditor for the City of Omaha tracks the number of interviews conducted by the Internal Affairs Units pertaining to Citizen Complaint investigations. Included with these numbers are the number of interviews that the Auditor's Office was notified of in the past three months and the number of interviews the Auditor attended. The interviews included interviews of subject officers or personnel, officer and citizen witnesses, and complainants. The following is a breakdown of those interviews, first by month and then by the number of notifications that the Auditor's Office received prior to the interviews. Month Number of Interviews Conducted January 46 February 63 March 39 December* 02 Quarter Total 150 *Data was not available for 2003 41°Qtr Report. Month Number of Prior Notifications January 23 (including 5 same day;6 one-day notices) February 29 (including 6 same day; 3 one-day notices) 13 March 34(including 5 same day; 6 one-day notices) Total 86 (including 16 same-day; 15 one-day notices) Month Number of Interviews Auditor Attended January 01 February 03 March 03 Total 07 The Internal Affairs Unit implemented some new procedures within the Unit toward the end of February. As a result,the notification rate for the month of March improved dramatically to an all time high of 87%. This rate of notification is outstanding particularly in light of the fact that 100%notification is unlikely. Frequently, the Unit cannot give more advance notice due to witnesses' and officers' schedules. The Auditor does not want to impede any part of the process, but is pleased to see the rate of notification improve. Even if the Auditor does not attend the interview,the Auditor routinely reviews all transcribed copies of interviews. As the monitoring process represents approximately 20%—25%of the Auditor's duties, the number of interviews the Auditor attends may generally reflect that rate. Every case is monitored per the ordinance (as opposed to some cities, which only require a percentage or random review of pending cases). Investigations Evaluated In addition to information on interview notifications,the Auditor reports the general results of cases monitored. Pursuant to the ordinance,the Auditor monitors investigations to ensure that they are conducted fairly, completely, thoroughly, and objectively. Those terms, as they relate to Internal Affairs investigations, are defined below and represent the standard applied to the monitoring process: Fair - were all witnesses treated the same; Complete - was all pertinent evidence in the file and was the Auditor notified and copied or given the opportunity to review the same in a timely manner (pending form, complaint form, 911 tape, cruiser video,weapon, daily report, Chiefs report, criminal report, interview tapes and transcription, summary, other); Thorough - were all issues identified and investigated; 14 • Objective - was the interview and investigation conducted free of bias. Completed Fair Complete Thorough Objective Investigations Yes/No Yes/No Yes/No Yes/No 21 7/14 7/14 7/14 7/14 During most of the quarter,the administrative support provided by the Police Department was once again unable to keep up with the workload. As a result,the Auditor did not receive timely transcriptions of interviews. Without this information, it is not possible for the Auditor to fully monitor the investigations. However,the good news is that an additional clerk typist was added to the unit on April 12, 2004. Next quarter should reflect an improvement in the transcription rate. Meanwhile,this quarter,out of the 21 completed investigations, only 4 investigations had interviews transcribed and copied to the Auditor by the thirty-fifth day of the investigation. Investigations must have discipline in the target officer's hand by the forty-fifth day or no discipline can be imposed. The Auditor needs to have all of the investigative information to be able to review the file by the thirty-fifth day for any meaningful examination. Even so,the Auditor also reviewed files where information was received up until the fortieth day. There were 3 files where information was finally provided by the fortieth day and there were 14 files where the Auditor did not have copies of all of the interviews until past the forty-fifth day. These last 14 files, by and large, account for the 14 "No"responses. It is critical to the monitoring process that the information is provided timely to the Auditor. Surveys The Auditor continues to gather feedback from citizens who use the complaint process through the results of surveys the Auditor's Office distributed to any citizen who the Internal Affairs Unit had a"Pending Complaint" for. The actual survey form as well as the compilation of responses can be found in the appendix attached to this report. The survey form was sent to obtain feedback about both the Internal Affairs Unit and the Auditor's Office. A self-addressed stamped envelope was enclosed to encourage responses. While the responding percentage has been low,the responses from citizens have changed from"make the complaint process easier to understand and use"to generally positive comments about both the Auditor's Office and the Internal Affairs Unit. The Auditor's Office will continue to use these surveys and develop more survey questionnaires to use during outreach speaking engagements so as to obtain more feedback about the effectiveness of the Auditor's Office,the Internal Affairs Unit, and the Police and Fire Departments as a whole. 15 Fire Interviews Conducted The Office of the Public Safety Auditor for the City of Omaha tracks the number of interviews conducted by the Omaha Fire Department's Internal Affairs Unit pertaining to Citizen Complaint investigations. Included with these numbers are the number of interviews that the Auditor's Office was notified of in the past three months and the number of interviews the Auditor attended. The interviews included interviews of Omaha Fire Department personnel,personnel and citizen witnesses, and complainants. The following is a breakdown of those interviews, first by month and then by the number of notifications that the Auditor's Office received prior to the interviews. Month Number of Interviews Conducted January 00 February 05 March 07 Total 12 Month Number of Prior Notifications January 00 February 05 March 05 Total 10 Month Number of Interviews Auditor Attended January 00 February 00 March 00 Total 00 16 Investigations Evaluated In addition to information on interview notifications,the Auditor reports the general results of cases monitored. Pursuant to the ordinance,the Auditor monitors investigations to ensure that they are conducted fairly, completely,thoroughly, and objectively. Those terms, as they relate to Internal Affairs investigations, are defined below and represent the standard applied to the monitoring process: Fair - were all witnesses treated the same; Complete - was all pertinent evidence in the file and was the Auditor notified and copied or given the opportunity to review the same in a timely manner (pending form, complaint form, 911 tape,run, medical supplies, reports,transcriptions, summary, other); Thorough - were all issues identified and investigated; Objective - was the interview and investigation conducted free of bias. Completed Fair Complete Thorough Objective Investigations Yes/No Yes/No Yes/No Yes/No 1 1/0 1/0 1/0 1/0 The Public Safety Auditor's Office worked with the Fire Department for several quarters to implement all reporting requirements under the ordinance. This report now includes basically the same reporting information for Fire as for Police. Community Outreach Community outreach for the Office of the Public Safety Auditor has three goals: - to listen to the needs, opinions, and concerns of the community so as to better serve them; - to familiarize members of the public with the mission and services of the Office of the Public Safety Auditor; - to encourage and facilitate greater dialogue and collaboration between members of the Omaha Police and Fire Departments and the community they serve. 17 In service of these goals,the Auditor has engaged in a number of outreach activities in the first quarter of 2004. Activity Frequency Youth and School 02 Service Clubs 00 Professional Organizations 04 Human Rights/Minority Groups 01 Neighborhood Associations 00 Church Groups 01 Media Presentation 01 Total 09 Fire Department Two Year Review The Office of the Public Safety Auditor has collected information regarding the Citizen Complaint process within the Fire Department for nine quarters,just over two years. Here, for the first time, is a review and tabulation of that statistical data. Simply by tracking the information,the Fire Department,the City, and the public can gain insight about the complaint process and the Fire Department. The information in this report represents only the portion of Citizen Complaints tracked by the Internal Affairs Unit. In other words,this data refers only to formalized Citizen Complaints where the investigation was completed by the Internal Affairs Unit. There are and may be more categories of citizen complaint and feedback that the Internal Affairs Unit does not track, and, as a result, are not included here (however,there is some data on any information about the Fire Department that came through the Auditor's Office). For instance,the Internal Affairs Unit, nor the Fire Department as a whole, track general inquiries, cases where citizens contact the Department or a station about a complaint, comment,or inquiry that is immediately answered or resolved. While this report,then, represents only that portion of the overall citizen complaint or feedback tracked,it is significant that it represents the first publication of its kind. This is an important development for the City in that it provides for a more open review of the Department as a whole and specifically,the Citizen Complaint process. By providing 18 this information,the City and the Department have taken a big step toward greater transparency and accountability. Citizen Contacts and Complaint Patterns Citizen Contacts The Office of the Public Safety Auditor for the City of Omaha has tracked the number of contacts regarding the Omaha Fire Department made by members of the public since January of 2002. Included in the number were contacts made by telephone, e-mail, letter, or in person. The following is a breakdown of those contacts, first by quarter and then by type. Quarter Number of Contacts January-March 2002 05 April-June 2002 02 July-September 2002 02 October-December 2002 01 January-March 2003 02 April-June 2003 00 July-September 2003 00 October-December 2003 00 January-March 2004 01 Total 13 Type of Contact Since January 2002 Number of Contacts Commendation/Allegation/Inquiry 08 Referrals to Other Agencies 00 General Inquiry/Follow Ups 04 Community Outreach 00 19 Other 01 Total Contacts 13 Contacts categorized as "Commendation/Allegation/Inquiry"were contacts that wanted to initiate a citizen complaint and needed information on how to begin the process. Many contacts in this category included lengthy discussions between the Auditor and members of the public that wanted to detail their individual incident and requested help in completing a Citizen Complaint Form. Contacts categorized as"Referrals"were generally members of the public that did not know where else to call or were frustrated with attempts to find the right person to assist them. The Auditor or a member of her staff generally handled these contacts in an immediate manner. Included in these were contacts that needed to be referred to an outside agency or a different City of Omaha Department. The Auditor or a member of her staff personally handled all contacts categorized as "General Inquiries/Follow Ups." These contacts typically involved questions about the Auditor's Office,Fire Procedures, and the status of complaints previously filed. "Community Outreach"contacts included calls and visits from members of organizations that were interested in learning more about the Auditor's Office and the duties of the Public Safety Auditor. Most of these contacts included requests to speak at meetings, forums, and neighborhood events. The majority of these contacts were a result of a mass mailing conducted by the Auditor's Office to Neighborhood Associations, Libraries, School Districts, and Diverse Organizations within the Omaha area. Contacts categorized as"Other" included comments, suggestions, and input from members of the public in regard to the Auditor's Office. Contacts categorized as"Requests for Review"are contacts that were made by complainants who requested that the Public Safety Auditor review the outcome of their specific Citizen Complaint. Complaint Patterns The following shows the number of Pending Complaint Forms that the Public Safety Auditor received from the Internal Affairs Unit in the past two years. A citizen complaint is first tracked in the Internal Affairs Department by a"Pending Complaint Form." This form indicates the citizen has completed the Formal Complaint Form and contacted the Auditor or the Fire Department and that the citizen is prepared to proceed. Frequently citizen complaints do not result in a completed investigation, although a"Pending Complaint Form"was completed. These complaints are categorized as"DNF's"or Did Not Formalize. In these cases,the citizen did not elect to go through with the formal investigation. Sometimes the citizen does not choose to formalize the 20 complaint. "Formal Investigations"are, then, formalized citizen complaints that have completed investigations. The breakdown of"Pending,""DNF,"and"Completed Investigations"are as follows: Quarter Number of Pending Complaints January-March 2002 00 April-June 2002 00 July-September 2002 02 October-December 2002 01 January-March 2003 00 April-June 2003 04 July-September 2003 02 October-December 2003 04 January-March 2004 03 Total 16 Quarter Number of Complaints that DNF'd January-March 2002 00 April-June 2002 00 July-September 2002 00 October-December 2002 00 January-March 2003 00 April-June 2003 00 July-September 2003 00 October-December 2003 02 January-March 2004 02 21 Total 04 The following shows the number of Citizens' Complaint Forms that were closed by investigations conducted by the Internal Affairs Unit and reported to the Auditor's Office in the past two years. Quarter Number of Completed Investigations January-March 2002 00 April-June 2002 00 July-September 2002 02 October-December 2002 01 January-March 2003 00 April-June 2003 02 July-September 2003 03 October-December 2003 03 January-March 2004 01 Total 12 A single completed investigation may contain numerous allegations against more than one fire personnel. The following is a breakdown of the allegations made by citizens. Although a total of 12 cases had been investigated,multiple allegations and multiple personnel are often listed on a single Citizen's Complaint Form. Allegation Number of Allegations Made 01. Unprofessional Conduct 15 02.Verbal Abuse/Rude Behavior 05 03. Improper Procedure 04 04. Improper Care/Treatment 01 05. Harassment 01 Total Number of Allegations 26 22 Total Number of Personnel Investigated 21 The following is a breakdown of the districts in which each complainant in the 12 completed investigations resides, the precinct in which the incident occurred,the race/ethnicity of the complainants and personnel, and the years of service of the Fire Department personnel involved in each complaint. District Where the Complainant Resides District 1-02 District 3-01 District 5-04 District 6-02 Out of Area/Unknown-03 Race/Ethnicity and Gender of Complainants White male-04 White Female-06 Unknown-2 District Where Incident Occurred District 1-02 District 5-05 District 6-03 Out of Area/Unknown-02 Race/Ethnicity and Gender of Fire Personnel White male-15 Black Male-01 White Female-03 Unknown-02 Below is a breakdown of the years of service for the 19 identified fire personnel involved in investigations. Under 1 Year 1-3 Years 4-6 Years 7-10 Years 11-15 Years 16-20 Years 20+ Years 00 04 06 01 06 01 01 Findings Pursuant to the Omaha Fire Department Standard Operating Procedure,the following are possible findings resulting from an Internal Affairs investigation of a Citizen Complaint Form: Unfounded - false allegation. Exonerated - incident occurred but was lawful procedure. Not Sustained - not enough evidence to prove or disprove. 23 Sustained - enough evidence to believe the allegation is true. Policy Failure -the incident may or may not have occurred, but the investigation disclosed faulty practices,policies and/or procedures. The following is a breakdown of fmdings on allegations contained in completed investigations since July 2002: Unfounded 03 Exonerated 06 Not Sustained 11 Sustained 03 No Finding 03 Total 26 Allegation Outcome 01. Unprofessional Conduct 3 Exonerated, 1 Unfounded, 7 Not Sustained 1 Sustained, 3 No Finding 02. Verbal Abuse/Rude Behavior 2 Exonerated, 3 Not Sustained 03. Improper Procedure 1 Exonerated, 1 Not Sustained, 2 Sustained 04. Improper Care/Treatment 1 Unfounded 05. Harassment 1 Unfounded Action Taken A total of 26 allegations were investigated in the past two years. Of those 23 allegations, 03 were sustained and resulted in the following action for personnel involved: 3-Verbal Counseling 24 Discussion Police As the Police Department's new management team settles in, now is an opportune time to review the feedback, analysis, and recommendations made over the past several quarters by the Auditor's Office. While the Department has periodically adopted past recommendations made by the Auditor's Office,the process of reviewing and responding to feedback has not yet been fully incorporated into the Department's business practices. This discussion contains a section on a"Risk Management Team"that, if adopted, may best assist in a more complete integration of citizen feedback. Risk Management Team—One of the most important functions of oversight is to alert the Department to potential problems that many departments report first appear through citizen complaints and feedback. By gathering and analyzing the data provided by citizen feedback, a department can make informed training, resource, and policy decisions. Indeed, several departments across the country that historically ignored citizen feedback did so at their own peril. Large verdicts and settlements resulting from police department liability cost cities enormous sums of money. As a result, many communities,nearly all of the fifty largest cities, in fact,have turned to some form of citizen oversight to institutionalize outside review of their police departments. Prior to the creation of the Auditor's Office, OPD did not have a systematic review of its citizens' complaints. While certain high risk policing activities, like vehicle pursuits, were tracked,there was no regular analysis of citizen complaints and commendations. One of the most significant developments since the inception of the Auditor's Office is the availability and publication of this type of information in quarterly reports. Once formal oversight, like the creation of the Auditor's Office, is initiated,the next logical step taken by many communities is to incorporate the recommendations and results of oversight into the Department's ordinary practices. While there may be a variety of ways to accomplish this, one way has been to form a"Risk Management Team." This team may consist of Department management, line officers,research and development,training, law department,and prosecution representatives, for instance. The purpose would be to have a multi-dimensional team approach to examining and improving Department policies and practices in areas raised by feedback. For instance, if a pattern of complaint identifies a particular practice, like how and when entries into homes or consent searches are conducted,then the"Risk Management Team" could review current practices, survey for a best practice approach, and propose and implement any needed changes. This approach has worked very well in Chicago and has recently been implemented in Los Angeles. It offers a more proactive, rather than the traditional reactive, approach to policy change. It responds and incorporates citizen concerns raised by the complaint process and the oversight process. Once the"Risk Management Team"has acted on some form of feedback, the team may communicate this information to the public 25 through the Department's webpage or Auditor's reports. By responding to the community's concerns in such a manner, confidence,trust, and understanding between the Department and the community increases. Obviously, some practices will not change, but even then, an explanation from the Department about a policy or practice can go along way in helping educate the public on why the Department operates in the manner it does. In cases where changes can and are made, a better working relationship between community and department is formed. Over the past three years,the Auditor's Office has made over fifty recommendations in its quarterly reports. Although many of these have been acted on individually by the Department, others raise overarching and ongoing training or policy concerns that could more comprehensively be addressed by the "Risk Management Team." Currently, once an Internal Affairs investigation is closed, little else is done on a system wide basis with the information discovered through this investigation. A"Risk Management Team" could take the important general issues raised by citizen and Auditor feedback out of the Internal Affairs Unit, which is negatively associated with discipline, and use the information to affect more positive system-wide change. While all citizen complaints would receive their same internal review, the "Risk Management Team"could extract and review the larger systemic issues and make appropriate changes. No matter the outcome of a complaint- a phone call, an investigation, or a lawsuit—a negative contact with the Department is time consuming and costly. A"Risk Management Team"could help to reduce those costs and improve police-community relations. CALEA Review—As of the publication of this report, OPD was preparing and undergoing the accreditation process conducted by CALEA(The Commission on Accreditation for Law Enforcement Agencies). OPD first received accreditation three years ago and the recent review is part of the periodic reevaluation. Accreditation from CALEA is important to the Department as it represents the most distinguished peer review by national law enforcement professionals. Opening the Department to outside scrutiny and review is an essential accountability measure. Early reports indicate that the process was going well for OPD. Final results will be reported as they become available. Special Events/Crowd Control Pattern of Complaint—The Auditor's Office detected, over the past many quarters, a pattern of complaint related to special events and/or crowd control. The various special events included activities held at Horseman's Park,the College World Series,the Civic Auditorium, Jazz on the Green at Joslyn Museum, the Qwest Center,the Old Market, and the Gene Leahy Mall. Because special events are periodic,rather than daily occurrences, this pattern of complaint extends over many quarters. In addition, while only one investigation may have been conducted, generally, several complainants were involved. Often,the same officers were complained of in both the same and separate incidents. While not all of the complaints were formal investigations, some were line investigations and some were general comments, and not all of the complaints were sustained, some were not sustained and some were exonerated,they represented a noteworthy pattern of complaint. 26 These complaints shared some common characteristics. They generally involved fairly innocuous behavior typical to large gatherings: parking,pedestrian, or crowd control. Most complainants self-reported no criminal activity or criminal record,but described themselves as a"taxpayer"who had"never been in trouble"with the law, or something of the like. Their contact with the police at any one of these events, which was the basis of their complaint, included one or a combination of the following: officer rudeness, or an improper threat of arrest or an actual arrest for"Disorderly Conduct,""Failure to Disperse,""Criminal Trespass," "Obstructing,"or a minor traffic or pedestrian violation. Although many of these complainants were not ticketed for anything, most complainants reported the involved officer's behavior was"overly aggressive," "over the top,""out of control," or out of proportion to the situation at hand. Overall, complainants of this type of complaint were very upset and often"shocked"at their contact with the police. Some were embarrassed because they were with their children, family, or quests and some even reported leaving the event before its completion. Clearly, the Omaha Police Department has hundreds of contacts with citizens that do not result in episodes of such complaint at a wide variety of community and special events. Indeed, this pattern of complaint represented approximately five percent of completed investigations. It was, nonetheless, a noteworthy pattern of complaint because special events represent a less frequent form of citizen-officer contact, so that this percentage is proportionately more pronounced than the more common traffic stop contact, for instance. Secondly, the complaints generally included several people who complained per incident and third,there were some officers who were complained of repeatedly. Finally,the citizens making these complaints were very upset about their contact with OPD. Again, while numerous events proceed without complaint,this particular pattern of complaint is worth bringing to the attention of the Department for the reasons listed above and because the solution may be as simple as some specialized training or reassignment of duties. Commendations - Not all citizen feedback is negative by far. Indeed, since the Department began tracking and forwarding commendations to the Auditor's Office,this office has likewise begun to analyze this information. While this tracking has just begun in the last two quarters more formally both within the Department and the Auditor's Office, there is already some pattern and analysis that can be made of it. The commendations the Auditor's Office receives from the Department are separated out in the Contacts section of this report. This quarter,there were thirteen. The Auditor's Office tracks citizen commendations only(commendations may also come from within the Department and from other law enforcement agencies and that is more commonly tracked through the merit review system). To date,there are two noteworthy points to make about the commendations. In the past, the Auditor's Office reported that approximately seventy-five percent of the Department had not received a citizen's complaint when the Auditor conducted a two year count in the June 30th, 2003 report. While this Office has not yet conducted another count, first results indicate that the majority of officers receiving commendations from the public were officers who had not received a complaint from the public. While this trend is not 27 surprising, it is important to detect,track, and report as it can be an effective tool to help management identify the exceptional performers. Secondly, many units, including traffic, accident, crime lab, horse patrol, front desk, emergency response, helicopter and more and many individual officers were singled out for commendation for their helpfulness,professionalism, politeness, and good work. All of these commendations were effusive and expressed praise and gratitude. Obviously,this is the standard of professionalism that the Department would like to identify, recognize, reward, and model. Internal Affairs - The Internal Affairs Unit deserves credit and recognition for its ongoing effort to adopt recommendations and improve investigations. This Unit has consistently responded to the suggestions and recommendations made by the Auditor's Office with professionalism and alacrity. This quarter was no exception. A case in point: one of the Auditing Committee members, Councilmen Brown, inquired of the Department about the lower rate of notification and transcription reported in the past Auditor's quarterly reports. The new Chief and the Internal Affairs Lieutenant looked into these inquires and responded immediately by implementing new procedures within the Unit. The result was twofold: first,the notification rate after the new procedures were implemented increased to an all time high of 87%. Secondly, a new clerk typist was hired to help address the transcription backlog and that rate should improve next quarter. In addition,the Lieutenant in the Unit has implemented a procedure that identifies all allegations complained of earlier in the investigative process, which helps to clarify the direction of the investigation. These three improvements will greatly enhance the Auditor's ability to effectively monitor ongoing investigations and help improve the overall quality of investigations. General - In the past,the public has requested that OPD management conduct more public outreach and be more accessible to the community. This quarter the Auditor's Office noticed that the Chief, Deputy Chiefs and precinct Captains have begun to engage the community with greater frequency at a variety of forums throughout the community. There were mini Citizen Academies held in north and south Omaha, Northeast Precinct staff held a public outreach, Southeast Precinct hosts numerous community events, and the Compstat program was introduced to the community through presentations at Headquarters and in Benson. These are just a few examples of what promises to be a growing trend of more educational and outreach programs conducted by the Department throughout the community. This quarter also witnessed further collaboration between OPD and the UNO Criminal Justice Department, a trend first identified last quarter. In March, Sgt. Dan Cisar of the Internal Affairs Unit attended a conference sponsored by Professor Sam Walker and the UNO Police Professionalism Project. This conference, held in Austin, Texas, brought together law enforcement professionals from Omaha,Nebraska State Patrol, Austin, Phoenix, San Diego, Kansas City,Los Angeles, and Oakland to discuss the best practices of an Early Warning System. It provided a unique opportunity for an OPD representative to meet with other members of departments from across the country to learn of their successes and trials and errors from the implementation of their Early Warning Systems. 28 A report of this conference will be published by Sam Walker. It is another example of the benefit OPD can receive from partnering with UNO. Currently,the Department has one training academy class in session, is planning a summer lateral class, and an additional large fall class. These efforts will help to replenish personnel ranks depleted by retirement. This year will likely see another large retirement group. As noted before,the hiring of so many inexperienced officers presents some challenges and opportunities. In its Two Year Review report,the Auditor's Office identified a pattern of complaint twice as high as the next highest in that group of officers with 1 —3 years of service. This quarter,that same group,officers with 1 —3 years of experience,had a rate of complaint nearly four times as high as the next highest group. Out of the thirty-eight officers complained of this quarter, eighteen were officers with 1 — 3 years of experience. While there may be any variety of reasons why this particular group of officers is complained of more frequently than others, it is most important that management and supervisors are aware that it is occurring so that they can closely monitor and address the possible causes for this trend. One last trend worth noting is that for the second shift change in a row,the Northeast Precinct did not have to invoke the Four-Year Rule to fill all of the positions in that precinct. What this means is that the overall experience rate of officers on all shifts in the Northeast Precinct is increasing. In the past,one of the complaints from citizens in this precinct was that so many young officers were assigned there. For two shift changes now that experience rate has risen and stabilized. Summary - The Department is managing the large personnel turnover, which will continue throughout this year,very well. In some areas,the Department is excelling and noticeable positive changes are occurring. There are some risks associated with an inexperienced Department and those risks should be closely monitored. Overall, there were a number of positive changes to report this quarter. Fire After nine quarters of review, the Fire Department has little data to analyze. The Fire Department does not have the same type of contact or rate of complaint as the Police Department. Nonetheless,there are a few things worth noting about the Fire Department based on the information gathered. First, of the twenty-six allegations during this period, twenty involved some sort of rudeness or unprofessional conduct. Again,the overall numbers are low so there is no significant trend or pattern to comment on, but it is simply worth noting that this is the most frequent area of complaint. A piece of information the Department should be aware of. Second,much comment about the Fire Department comes more in the form of inquiry from citizens about practices and policies. This is information the Department generally does not track. And finally, some of the complaint about the Department comes from within the Department and is intra-personnel in nature. 29 When the Department did have more than one complaint from a medical provider,the Fire Department wisely met with the particular facility to work out any procedural problems. This was a commendable and proactive response to citizen feedback. The Department may fmd that gathering information from each station and then centralizing general comments and feedback for review may also provide useful information. Lastly, the Department may want to consider an anonymous complaint procedure for external and internal complaints. Both of these suggestions would simply yield more feedback for the Department to consider. It is worth noting that the Department has recently developed a good webpage with complaint information and this may be another means to collect feedback from the public. Internal Affairs - Most of the work that the Auditor's Office has done in these past two with the Fire Department has been done specifically with the Internal Affairs Unit. That Unit has greatly improved its investigative process by standardizing how investigations are opened, investigated, documented, and reviewed. The investigator has received more training and committed to staying longer than the previous assignment of one year. All of these steps have helped to improve the overall quality of the citizen complaint process. Recommendations Police The Department should consider forming a "Risk Management Team" as discussed above. The Department should review any possible training or personnel reassignments in response to Special Events/Crowd control pattern of complaint. The Department should continue its public appearances and outreach. In addition, the Department should consider making SOP's, Union contracts, and other informational material, as requested by citizens, available at the public libraries. The Department should consider partnering with the Phoenix Police Department for a training exchange. Fire The Department should consider a system wide collection of general inquiries and comments from the public for further review by management. The Department should consider instituting an anonymous complaint process. 30 The Department should consider making more official documents like SOP's and Union contracts available at the public libraries and/or on the website. Conclusion This quarter witnessed another first quarter drop in the Police Department's overall complaint/feedback rate. This dip replicates past years' first quarter drop and the average and above is generally reestablished by early summer. The Police Department continues in the midst of an historic command and staff turnover that will undoubtedly have long term impacts on the Department, including to the complaint process. To date the Department's new management is handling this transition well. The Auditor's Office will continue to track the progress of these matters in future reports. The Fire Department's two year report is published in this report. The Department did not generate the rate or volume of feedback that the Police Department does. Nonetheless, there are some trends and recommendations to report. As always,the Office of the Public Safety Auditor thanks all of those members of our community who have participated in this process and looks forward to providing continued service to the community. The Auditor, likewise,thanks those members of both the Police and Fire Departments who have cooperated with this Office. • 31 Appendix"A" City of Omaha Public Safety Auditor Sec. 25-9 Sec. 25-9. Independent public safety auditor and auditor committee. A. Purpose. An office of public safety auditor is established to increase public confidence in the internal investigations process, by creating an independent review and audit process of all citizen complaints against any sworn police officer or firefighter. The public safety auditor shall have the authority to review and audit investigations, initiated by citizens' complaints and conducted by the office of professional standards in the police department, or the internal investigation staff in the fire department. The public safety auditor is intended to serve the interests of the public by monitoring the integrity of investigations into citizens' complaints. The auditor committee shall include all members of the city council, the mayor, the police chief and the fire chief. B. Hiring and firing. 1. Retention of services. The public safety auditor, and subordinates of this office, shall be in the classified service and for all hiring, firing, discipline and personnel actions be accountable to the auditor committee in conformance with the personnel rules and regulations set forth in Chapter 23 of the Omaha Municipal Code. The auditor committee shall retain the services of a public safety auditor and his or her support staff; and the public safety auditor shall report directly to the auditor committee. 2. Qualifications. The public safety auditor shall either hold a law degree with legal, investigative, administrative, review or criminalprosecutorial experience or have served at least ten years as a sworn officer in a municipal, county, state or federal law enforcement agency. The public safety auditor shall not have prior experience as a law enforcement officer in a Nebraska municipal, county, or state law enforcement agency. The public safety auditor shall not have any parents, children, and/or siblings who are or who have been sworn officers of the Omaha Police Department or Omaha Fire Department. Appendix"A" C. Functions of the independent public safety auditor. a) To assure citizens that an independent auditor will work in tandem with the office of professional standards (police department) or internal investigation staff (fire department) to promote fair and impartial resolution of citizen complaints against police officers and firefighters. b)To oversee and to audit investigations conducted by the office of professional standards(police department), internal investigation staff (fire department), generated by citizen complaints (only), and to provide an independent evaluation and recommendation to the auditor committee. The public safety auditor may make recommendations to the police or fire chief on procedural matters as an outcome of an investigation. c)To recommend to the auditor committee that it review the investigation and the determination of the chief of police or fire chief. d) To promote public awareness of a citizen's right to file a complaint. D. Duties and responsibilities of the auditor. 1. General. The public safety auditor shall review and audit police and fire investigations of civilian complaints against police officers and firefighters to determine if the investigation was complete, thorough, objective and fair. Appendix"A" 2. Cooperation. The office of professional standards (police department), and internal investigation staff(fire department), shall cooperate with the public safety auditor and shall make all records, reports and investigation activities available to the auditor, as described below. The office of professional standards (police department) or internal investigation staff (fire department), shall honor the requests of the public safety auditor for additional information. This may include a request that a specific question to be asked by the investigator in the interview process. 3. Conduct of the investigation. The office of professional standards (police department) or internal investigation staff(fire department), shall conduct and lead the review/investigation of the citizen complaints. The public safety auditor shall audit the process by reviewing the following: all interviews (both civilian and officer interviews), all tapes and reports of interviews, investigative reports, evidence, tests, employment records and history of employment, or all other material generated during the course of the internal investigation. These materials shall be made available by the office of professional standards (police department) or internal investigation staff (fire department), upon request by the city auditor, on the same business day requested, wherever possible. Likewise, information requested of the public safety auditor by the office of professional standards(police department)or internal investigation staff(fire department), shall be provided on the same business day as requested, wherever possible. The public safety auditor may be present for the purpose of observing interviews, but shall not question witnesses directly. The public safety auditor may present suggested questions to the police officer or firefighter conducting the interview and request that the questions be answered. The office of professional standards (police department) or internal investigation staff (fire department) will make a determination as to the relevance of the question so suggested. 4. Further investigation. If the public safety auditor concludes, after the investigation is completed, that further investigation is warranted, or that the public safety auditor's requests were not adequately addressed during the investigation, the public safety auditor shall express his or her concerns, in writing, to the individual in charge of the investigation, and give such person an opportunity to order the requested follow-up investigation. If the matter can not be resolved, and the public safety auditor believes that further investigation is warranted, the public safety auditor shall make a request, in writing, to the police chief or fire chief (with a copy provided to all members of the auditor committee) for further investigation and review. All reports shall be transmitted to all audit committee members concurrently and never separately, except as outlined in the specific paragraph. If the public safety auditor is not satisfied with the response of the police chief or fire chief, the public safety auditor may make a request, in writing, that the auditor committee review the request in an executive session of the city council (personnel matters). Appendix"A" 5. Scope of review by the auditor committee. The public safety auditor may, at his or her discretion request the auditor committee to meet in executive session to discuss the concerns that the public safety auditor has with the investigation. It is understood that the names of any city employees and/or citizens involved in the investigations will not be revealed by the public safety auditor to the auditor committee, nor will any documents be provided to the committee for use outside of the executive session. All documents used during the executive session will be returned to the public safety auditor, the chief of police, or the fire chief. If no satisfactory resolution is reached by the committee, the chief of police or fire chief shall continue the investigation in the manner that meets professional standards for the conduct of investigations. If, a majority of the city council believes that further investigation is warranted, the council may invoke Charter Section 8.07, investigations by the council, to reinvestigate the matter. E. Filing complaints. 1. Filing a complaint against a police officer or firefighter. Any person may, at his or her election, file a complaint against any member of the police department or fire department for investigation by the office of professional standards (police department) or internal investigation staff (fire department) with review and audit by the public safety auditor. Citizen complaints shall be filed, signed and attested as a formal complaint in the presence of a command officer or internal affairs officer (or office of professional standards officer) of the Omaha Police Department or internal investigator in the fire department). However, this does not preclude a citizen from initially contacting either a police precinct, police facility, fire facility, the city auditor, or any other city official for advice and assistance with filing a complaint as prescribed above, except that no member of the Omaha Police Department or fire department shall solicit a formal complaint against an officer or firefighter. All initial citizen complaints against a police officer or firefighter shall be immediately and concurrently forwarded to the office of professional standards (police department)or internal investigation staff(fire department) and the office of the city auditor. 2. Dismissal of complaints by citizen. Should a citizen complaint be initiated and later dropped or discontinued at the request of the complainant, then the investigation and audit will be discontinued as outlined in this section. However, if the police chief or fire chief wishes to continue a review or investigation without a valid citizen complaint, the department shall continue the same outside of the review of this section. A record of the complaint will be kept for statistical purposes and statistical reporting only. Appendix "A" F. Initial establishment. 1. Effective date. The office of public safety auditor shall be established on January 1, 2001. However, the city council shall initiate the appropriate budgeting and personnel recruitment steps through the personnel department to recruit and hire the public safety auditor and the authorized support staff in advance of January 1, 2001, and this shall commence as soon as possible after the effective date of this section. 2. Preliminary budgeting. Initial budget obligations shall be provided before January 1, 2001, by city council fund transfer ordinances to sustain the initial startup expenditures as required. Thereafter, and in subsequent years, the public safety auditor shall be appropriated funds in the normal city budgeting process similar to other city departments, and shall be included within the police department and fire department budget. 3. Staffing. The office of city auditor shall initially be staffed with the public safety auditor, one staff auditor assistant, and one administrative assistant. The public safety auditor shall be exempted from the job bank provisions outlined in city personnel policy No. 18 "hiring and promoting procedures", subtitled job bank, page four. G. Reporting function. • 1. Quarterly reports. The public safety auditor shall file quarterly statistical reports, with the city clerk for transmittal to the auditor committee,which shall: Appendix"A" a. Include a statistical analysis documenting the number of complaints by category, the number of complaints sustained, and the actions taken; b. Analyze trends and patterns; c. Make recommendations; d. Not include officer or citizen names, times and/or places, or other personal data of specific investigations or complaints. 2. Updates. The public safety auditor shall provide timely updates on the progress of the office of professional standards' (police department), or internal investigation staff (fire department) investigations to any complainant who so requests, however, strict confidentiality, as outlined below, shall be adhered to. H. Confidentiality. Appendix"A" 1. Strict confidentiality. The public safety auditor shall comply with all state laws requiring the confidentiality of police department, fire department and other city personnel, and investigative records and information as well as the privacy rights of all individuals involved in the process. No written quarterly reports to the auditor committee shall contain the name of any individual city employee or witness, or the facts of any specific investigation. Reports or information conveyed during an executive session of the city council shall contain no names and information discussed during those sessions shall remain confidential. No auditor committee member shall discuss the progress of an investigation with the public safety auditor, or receive information from the public safety auditor, except as described above, in an executive session or by receipt of a quarterly report. Neither the public safety auditor, nor any member of his/her staff, nor any member of the auditor committee shall discuss matters related to internal investigations with any other person or persons, other than as prescribed herein. Failure to comply with the confidentiality provisions as outlined herein shall be grounds for removal of the independent auditor or any member of his staff. I. Independence of the auditor. The public safety auditor shall, at all times, be totally independent and requests for further investigations, recommendations and reports shall reflect the views of the public safety auditor alone. No person shall attempt to undermine the independence of the public safety auditor in the performance of the duties and responsibilities set forth above. (Ord. No. 35280, § 1, 7-25-00; Ord. No. 35792, § 1, 12-11-01) Secs. 25-10--25-19. Reserved. Appendix "B" Public Safety Auditor Brochure t 4 .. ,. . . ;. - , V J©ems ,, ` 1:4 i ---144 43 . &A ... .... 4. ,,,,i;jie . A 44 -4v. .....,-- _ti ,„..4",, O 0 0 a Di0' v: • / 4Z"' W iRS 1 V 0 _M v 4 2 ts-iis:.-.`\* ▪ m C F fA "' (°Z INS� • =FS M =0 O F. I o . g o U EI8 t• z � E co� ' it5, t 1 A „,' 4 , ,t, a aO oz � gQa g . OA " 8A Appendix "B" Ga O 2 c/� .4 0 c. 01p O x c� �' -° w w 0 tr.) $ 0 h OU ►w-.. A bA150 0 y ..w 1-1 mr2 U . 0 a 0 u 0 U 8 W w -0 .� - O o . 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A " t3 ten.. ° !s. ++ ^? 1 ;:. .s Lz:, 8 5 -0 ,.8 , g u g - u v.,4.. t--- ..0 0 94 t61) g+. .4.4 4- -.0 WU � • b . g - IAgI8 -v A� a,�° 80 � y , � o .Et 88 o e fl 'a ei � o v �'11-4 � a ° S r'-'V- : 6 o 1 o g A.. vA 2 8 8 8 Appendix"C" Pending Complaint Form Chain of Command: • Deputy Chief _ I.I.No. Captain Lieutenant Sergeant NOTIFICATION OF PENDING COMPLAINT Officer DO NOT COPY Name of Complainant Home Address Home Phone No. Alternate Phone No. Day, Date,Time Complaint Made: Attachments: Yes No If so,what RB Number(s)of Incident Report(s), if any: Complaint Against Officer(s)/Civilian Employee(s): 1. 4. 2. 5. 3. 0 6. (Include day,date and time of occurrence): Synopsis of Complaint Distribution: NONE Signature of Person Retained by Internal Investigations Unit Receiving Complaint Appendix"D" Citizen's Commendation/Inquirv/Complaint Form OMAHA POLICE DEPARTMENT CITIZEN'S COMMENDATION/INQUIRY/COMPLAINT I.I. NUMBER 1. Please complete this form, then contact the Internal Affairs Unit at 444- 5629. Office hours are Monday through Friday, from 8:00 AM to 4:00 PM and voice mail is available 24 hours-a-day, 7 days-a-week. You may also forward a message to the Department via the web at www.opd.ci.omaha.ne.us, for the attention of Internal Affairs. 2. Once the Internal Affairs Unit is notified of your formal complaint, the assigned investigator will contact you to schedule an appointment for an interview with you. Efforts will be made to accommodate all citizens with particular needs or concerns. 3. Although this form may be mailed, it's more efficient to bring this form with you when you come in for your interview. A copy will be provided to you. 4. You will receive a letter from the Chief of Police with the results of the investigation when it is completed. NOTE: You will be allowed to bring a personal representative or associate with you to the interview if you desire. Internal Affairs Investigator Telephone Extension I am completing this form on: Date Time Name Print (Last) (First) (Middle) Address City State Zip Code Home Phone Alternate Phone OPD Form 80(Revised 11/02) Appendix"D" THE INCIDENT I AM REFERRING TO OCCURRED ON ( ) AM Day Date Time () PM Location WITNESSES TO THIS INCIDENT (If known) Name Address Phone Name Address Phone OMAHA POLICE OFFICER(S)/EMPLOYEE(S)INVOLVED IN THIS INCIDENT (If known) Name Rank Badge/Serial No. Name Rank Badge/Serial No. Note: Guilt or innocence of any criminal charge you may be facing is not determined by this investigation. You are still required to attend any scheduled court appearance you may have. Describe what happened. If you need more space for your description or to list the names of more witnesses or involved officer/employees, you may attach additional sheets of paper. Signature Date It is very important that truthful accounts are given by all concerned. Your signature certifies the truthfulness of your statements. Please sign this form at the time of your interview which acknowledges your understanding of such. Appendix"D" WHAT TO EXPECT AFTER A COMPLAINT IS FILED • You will be contacted by either the Internal Affairs unit commander or his/her designate to confirm receipt of the complaint. • The assigned investigator will schedule an interview time and location with you at your convenience. • All witnesses and involved police officers/employees will be interviewed concerning the incident. • The interviews will be tape-recorded by Internal Affairs and become part of the official investigation. z • When the investigation is completed, it will be forwarded to the Chief of Police for his/her review and findings. k. • If it is found that rules or regulations were violated, the officer/employees' supervisors will recommend the appropriate discipline. z • No matter what the outcome of the investigation, you will receive written notification of the findings. • The investigation will be monitored and audited by the Public Safety Auditor. a • Should you decide not to continue with or pursue a formal investigation by Internal Affairs, you have the option at any time during the process, to request that the matter be brought to the attention of the officer/employees' supervisor for his/her information or action. While it is not considered to be a formalized Internal Affairs investigation, the matter will still be examined and q appropriately handled by a supervisor. The matter will be documented, but you will not receive a letter from the chief with a disposition. • havequestions concerningthe process, you maycontact the If at any time you Internal Affairs Unit at 444-5629 or the Office of the Public Safety Auditor at 546-1704. The Omaha Police Department thanks you for taking the time to bring this matter to our attention. Appendix"D" DEPARTAMENTO DE POLICIA DE OMAHA LA RECOMENDACION DE HONOR/LA INVESTIGACION/LA QUEJA DEL CIUDADANO I.I.NUMERO 1.Complete por favor esta forma y entonces avise a Ia Oficina de Asuntos Internos al 444-5629.La oficina esti abierta de Tunes a viernes,de las 8:00AM hasta las 4:00PM y el contestador telefonico esta disponible las 24 horas al dia,siete dias de la semana. Tambien puede enviar un mensaje al departamento en la red en http://www.opd.ci.omahane.us/,para la atencion de la oficina de Asuntos Internos. 2.Una vez que la Oficina de Asuntos Intemos se notifica de su queja formal,el investigador asignado le avisara para planificar una cita para una entrevista con usted. Los esfuerzos se haran para acomodar cualquier y a todo ciudadano con necesidades particulares o to que le concierne. 3. Aunque esta forma se puede enviar,es mas eficiente traerla cuando ilega a su entrevista. Se le dara una copia. 4.Usted recibira una carta del jefe de Ia policia con los resultados de la investigacion cuando se complete. NOTA:Usted seri permitido traer un representante o socio personal con usted a la entrevista si usted to desea. El Investigador Extension telefonica He completado esta forma en: Fecha Hora Nombre: Apellido Primero Inicial Direccion Ciudad Estado Codigo postal Numero de Telefono otro#de Telefono OPD Form 80-S(11/02) Appendix"D" EL INCIDENTE A QUE ME REFIERO OCURRIO Dia Fecha Hora Localidad LOS TESTIGOS EN ESTE INCIDENTE (si tiene su informacion) Nombre direccion Numero de telefono Nombre direccibn Numero de telefono EL OFICIAL DE LA POLICIA 0 EMPLEADO IMPLICADO EN ESTE INCIDENTE(si lo conoce) Nombre Rango Numero de placa Nombre Rango Numero de placa Nota:La culpa o la inocencia de algal)cargo criminal que usted puede afrontar no es determinado por esta investigacion.Se requiere que asista a cualquier y todas las citas de la corte tribunal. Describa lo que acontecio. Si usted necesita mas espacio para su descripcion o para escribir los nombres de mas testigos,oficiales o empleados implicado,usted puede anadir mas hojas. Firma Es muy importante que las versiones de todos los involucrados sean honestas.Su firma indica que su version es verdad.Por favor firme esta forma al momento de su entrevista la cual afirma que Ud. ha entendido esta declaracion. LO QUE PUEDE ESPERAR DESPUES DE PRESENTAR UNA QUEJA • Se le avisara por el comandante de la oficina de Asuntos Internos o su persona designada para confirmar el recibo de la queja. • El investigador asignado pianificara una hors y sitio para la entrevista que mas le convenga. • Todos los testigos y la policia o empleados implicados serail entrevistados. Appendix"D" • Las entrevistas serail grabadas y formaran parte de la investigacion. • Cuando se termina la investigacion,sera enviado al Jefe de La Policia para su reviso y conclusiones. • Si se encuentra que los reglamentos o las reglas se violaron,el supervisor del oficial o empleado recomendara la disciplina apropriada. • Segall los resultados de la investigacion,usted redbird la notificacion escrita con las conclusiones del jefe. • La investigacion sera supervisada y verificada por la Auditora de la Seguridad Publica. • Si usted decide no continuar una investigacion formal por la oficina de Asuntos Internos,usted tiene la opcion durante el proceso en cualquier momento de pedir que este asunto sea presentado al supervisor del oficial o empleado para su informacion o accion.Aunque esta investigacion no se considera una formal de la oficina de Asuntos Internos,este asunto seguira examinado y dirigido por un supervisor de una manera apropiada.El asunto sera documentado.Sin embargo usted no recibira una carta con los resultados del Jefe de Policia. • Si en cualquier momento usted tiene preguntas con respecto al proceso,usted puede avisar a la oficina de Asuntos Internos al 444-5629 o Auditora de la Seguridad Publica al 546-1704. El Departamento de Policia de Omaha les agradece por su tiempo en este asunto. Appendix "D" OMAHA FIRE DEPARTMENT CITIZEN'S INQUIRY/COMPLAINT FORM I.I. NUMBER 1. Please complete this form, then contact the Internal Affairs Unit at 444- 4993. Office hours are Monday through Friday, from 8:00 AM to 4:00 PM and voice mail is available 24 hours-a-thy, 7 days-a week. You may also forward a message to the Department via the web at ioa@ci.omaha.ne.us, for the attention of Internal Affairs. 2. Once the Internal Affairs Unit is notified of your formal complaint, the assigned investigator will contact you to schedule an appointment for an interview with you. Efforts will be made to accommodate all citizens with particular needs or concerns. 3. Although this form may be mailed, it's more efficient to bring this form with you when you come in for your interview. A copy will be provided to you. 4. You will receive a letter from the Fire Chief with the results of the investigation when it is completed. NOTE: You will be allowed to bring a personal representative or associate with you to the interview if you desire. Internal Affairs Officer Telephone Extension I am completing this form on: Date Time Name Print(Last) (First) (Middle) Address City State Zip Code Home Phone Alternate Phone OFD-9(P)(2/03) 1 of 3 • Appendix "D" THE INCIDENT I AM REFERRING TO OCCURRED ON ( ) am Day Date Time ( )pm Location WITNESSES TO THIS INCIDENT(If known) Name Address Phone Name Address Phone Name Address Phone Name Address Phone OMAHA FIREFIGHTERS(S)/EMPLOYEE(S)INVOLVED IN THIS INCIDENT(If known) Name Rank Badge/Serial No. Name Rank Badge/Serial No. Name Rank Badge/Serial No. Name Rank Badge/Serial No. Describe what happened. If you need more space for your description or to list the names of more witnesses or involved firefighter/employees,you may attach additional sheets of paper. Signature Date It is very important that truthful accounts are given by all concerned. Your signature cam-. the trpthfulness of your statements. Please sign this form at the time of your interview which` acknowledges your understanding of such. OFD-9(P)(2/03) 2 of 3 Appendix "D" WHAT TO EXPECT AFTER A COMPLAINT IS FILED • When you call to make your appointment you will talk directly to the Internal Affairs Investigator who will set the time of your appointment and document the details of your incident. • The Internal Investigator will schedule an interview time and location with you at your convenience. • All witnesses and involved firefighter/employees will be interviewed concerning the incident. • The interviews will be tape-recorded by Internal Affairs and become part of the I official investigation. a • When the investigation is completed, it will be forwarded to the Fire Chief for his/her review and findings. z • If it is found that rules or regulations were violated, the Fire Chief will zdetermine the appropriate discipline. 00 • No matter what the outcome of the investigation, you will receive written notification of the findings. • The investigation will be monitored and audited by the Public Safety Auditor. t • Should you decide not to continue with or pursue a formal investigation by y Internal Affairs, you have the option at any time during the process, to request that the matter be brought to the attention of the Fire Chief for his/her information or action. While it is not considered to be a formalized Internal Affairs investigation, the matter will still be examined and appropriately handled by a supervisor. The matter will be documented, but you will not receive a letter from the Fire Chief with a disposition. • If at any time you have questions concerning the process, you may contact the Internal Affairs Unit at 444-4993 or the Office of the Public Safety Auditor at 546-1704. The Omaha Fire Department thanks you for taking the time to bring this matter to our attention. <— OFD-9(P)(2/03) 3 of 3 Appendix "D" CUERPO DE BOMBEROS DE OMAHA LA RECOMENDACION DE HONOR/LA INVESTIGACION/LA QUEJA DEL CIUDADANO LI.NUMERO 1. Complete por favor esta forma y entonces avise a la Oficina de Asuntos Intemos al 444-4993. La oficina esta abierta de Tunes a viemes,de las 8:00AM hasta las 4:00PM y el contestador telefonico esti disponible las 24 horas al dia, siete dias de la semana.Tambien puede enviar un mensaje al departamento en la red en iao@ci.omaha.ne.us,para la atencion de la oficina de Asuntos Internos. 2. Una vez que la Oficina de Asuntos Internos se notifica de su queja formal,el investigador asignado le avisara para planificar una city para una entrevista con usted.Los esfuerzos se haran para acomodar cualquier y a todo ciudadano con necesidades particulares o to que le concieme. 3. Aunque esta forma se puede enviar,es mas eficiente traerla cuando Ilega a su entrevista. Se le dara una copia. 4.Usted recibira una carta del jefe del Fuego con los resultados de la investigacion cuando se complete. NOTA:Usted sera permitido traer un representante o socio personal con usted a la entrevista si usted to desea. El Investigador Extension tetefonica He completado esta forma en: Fecha Hora Nombre completo: Apellido Primero [nicial Direccion: Ciudad Estado Codigo postal Numero de Telefono Otro#de Telefono OFD Form 9s(2/03) • Appendix "D" EL INCIDENTE A QUE ME REFIERO OCURRIO Dia Fecha Hora Localidad LOS TESTIGOS EN ESTE INCIDENTE(si tiene sn informacibn) Nombre direcci6n Numero de telefono Nombre direccion Numero de telefono Nombre direccion Numero de telefono Nombre direccion Numero de telefono BOMBEROS 0 EMPLEADO IMPLICADO EN ESTE INCIDENTE (si lo conoce) Nombre Rango Numero de placa Nombre Rango Numero de placa Nombre Rango Numero de placa Nombre _Rango Numero de placa Nota:La culpa o la inocencia de algOn cargo criminal que usted puede afrontar no es determinado por esta investigacion.Se requiere que asista a cualquier y todas las citas de la corte tribunal. Describa lo que acontecib. Si usted necesita mas espacio pare su description o para escribir los nombres de mas testigos,bomberos o empleados implicado,usted puede anadir mas hojas. Firma Fecha Es muv importante que las versions de todos los involucrados sean honestas.Su firma indica que su version es verdad.Por favor firme esta forma al momento de sn entrevista la cual afirma que Ud.ha entendido esta declaracion. OFD Form 9s(2/03) Appendix "D" LO QUE PUEDE ESPERAR DESPUES DE PRESENTAR UNA QUEJA • Se le avisara por el comandante de la oficina de Asuntos Internos o su persona designada para confirmar el recibo de la queja. • El investggador asignado planificara una hora y sitio pars la entrevista que mas le convenga. • Todos los testigos y la policia o empleados implicados seran entrevistados. • Las entrevistas seran grabadas y formaran parte de la investigacion. • Cuando se termina la investigacion,sera enviado al Jefe del Fuego para su reviso y conclusiones. • Si se encuentra que los reglamentos o las reglas se violaron,el Jefe del Fuego recomendara la disciplina apropriada. • Segnn los resultados de la investigacion,usted recibira la notificacion escrita con las conclusions del jefe. • La investigacion sera supervisada y verificada por la Auditora de la Seguridad Publica. • Si usted decide no continuar una investigacion formal por la oficina de Asuntos Internos, usted tiene la opcion durante el proceso en cualquier momento de pedir que este asunto sea presentado al Jefe del Fuego pars su informacion o accion_Aunque esta investigacion no se considera una formal de la oficina de Asuntos Internos,este asunto seguira examinado y dirigido por un supervisor de una mania.apropiada.El asunto sera documentado. Sin embargo usted no recibira una carta con los resultados del Jefe del Fuego. • Si en cualquier momento usted tiene preguntas con respecto al proceso,usted puede avisar a la oficina de Asuntos Interns al 444-4993 o Auditora de la Seguridad Pnblica al 546-1704. El Cuerpo de Bomberos de Omaha les agradece por su tiempo en este asunto. OFD Form 9s(2/03) • Appendix"E" Community Outreach January Meeting with Jose Luis Cuevos, Consul of Mexico Meeting with Sam Walker, UNO February Presented at Latino Leadership Council at the Mayor's Office Television interview for KETV with Cindy Andrews Public Safety Auditor's Outreach Advisory Committee Meeting Meeting with Jose Luis Cuevos, Consul of Mexico Meeting with Tom Haller, OTOC March Attended Catholic Charities Community Forum at St. Martin de Pones Center Meeting with Roddie Miller, OPS Security Appendix "F" Interview Notification Form OMAHA POLICE DEPARTMENT = OMAHA. NEBRASKA INTERVIEW NOTT. ICATION MEMORANDUMMI Date: TO: Tristan Bonn Independent Police Auditor FROM: Lt. Tim Cavanaugh. Infernal Affairs Unit Citizen's Complaint Name of ComIainant: Date;Time of Interview: Date of Occurrence: , Dare Filed: Synopsis: . For informational purposes only. 1 Interviews have been scheduled with the officers/witnesses shown below. Subject Officerfs) Date/Time Witness Officerfs) Date/Time Citizen's Witness(es) Date/Time Unbiased `Zitnessfes) Date/Time Investigator: Please contact me at 114 if you have any specific questions regarding this case file. Appendix"G" Customer Service Survey The Office of the Public Safety Auditor continued sending Customer Service Survey's to Citizens that initiated complaints with either the Omaha Police or Fire Departments during this quarter. Letters were sent to citizens once the Auditor's Office received a pending complaint form identifying the citizen and their specific complaint. A self-addressed stamped-envelope was included with the surveys,therefore responses were anonymous. The surveys asked the same questions regarding service provided by either the OPD's or the OFD's Internal Affairs Units and the Public Safety Auditor's Office. A total of 29 letters were mailed to citizens during the first quarter,of those, 9 completed surveys were returned pertaining to the Auditor's Office, 8 completed surveys were returned pertaining to OPD's Internal Affairs Unit and 2 completed surveys pertained to the OFD's Internal Affairs Unit. The following is a breakdown of the questions and the responses pertaining to the OPD's Internal Affair Unit,the OFD's Internal Affairs Unit, or the Public Safety Auditors Office. 1. How receptive was the staff when you first had contact with the office (ie. were you made to feel comfortable and welcomed)? Public Safety Auditor's Office: Excellent-3 Above Average-3 Average-2 Below Average-1 Poor-0 No Opinion-0 OPD Internal Affairs Unit: Excellent-3 Above Average-2 Average-1 Below Average-2 Poor-0 No Opinion-0 OFD Internal Affairs Unit: Excellent-0 Above Average-0 Average-1 Below Average-0 Poor-1 No Opinion-0 2. Are you satisfied with the quality of the explanation of the complaint process given to you by the staff? Public Safety Auditor's Office: Completely Satisfied-3 Average-0 Dissatisfied-0 Completely No Satisfied-5 Dissatisfied-1 Opinion-0 OPD Internal Affairs Unit: Completely Satisfied-1 Average-2 Dissatisfied-2 Completely No Satisfied-2 Dissatisfied-1 Opinion-0 OFD Internal Affairs Unit: Completely Satisfied-0 Average-1 Dissatisfied-0 Completely No Satisfied-1 Dissatisfied-0 Opinion-0 Appendix"G" 3. If applicable, were you satisfied that your phone calls were returned in a timely manner? Public Safety Auditor's Office: Completely Satisfied-2 Average-1 Dissatisfied-1 Completely No Satisfied-5 Dissatisfied-0 Applicable-0 OPD Internal Affairs Unit: Completely Satisfied-1 Average-2 Dissatisfied-1 Completely No Satisfied-3 Dissatisfied-1 Applicable-0 OFD Internal Affairs Unit: Completely Satisfied-0 Average-0 Dissatisfied-0 Completely No Satisfied-2 Dissatisfied-0 Opinion-0 4. Were you interviewed by a staff member? Public Safety Auditor's Officer Yes-7 No-2 OPD's Internal Affairs Unit Yes-7 No-1 OFD's Internal Affairs Unit Yes-1 No-1 Citizens who replied that they were interviewed by either a staff member of the Auditor's Office or the Internal Affairs Units were asked to respond to the following statements: A. My interview was conducted in a timely manner? Public Safety Auditor's Office: Completely Agree-2 Somewhat Disagree-0 Completely No Agree-3 Agree-1 Disagree-1 Opinion-0 OPD's Internal Affairs Unit: Completely Agree-3 Somewhat Disagree-3 Completely No Agree-0 Agree-1 Disagree-0 Opinion-0 OFD's Internal Affairs Unit: Completely Agree-0 Somewhat Disagree-0 Completely No Agree-1 Agree-0 Disagree-0 Opinion-0 Appendix"G" B. My interview was conducted in a courteous manner? Public Safety Auditor's Office: Completely Agree-3 Somewhat Disagree-0 Completely No Agree-2 Agree-1 Disagree-0 Opinion-1 OPD's Internal Affairs Unit: Completely Agree-3 Somewhat Disagree-1 Completely No Agree- 2 Agree-0 Disagree-1 Opinion-0 OFD's Internal Affairs Unit: Completely Agree-0 Somewhat Disagree-0 Completely No Agree-1 Agree-0 Disagree-0 Opinion-0 C. My interview was objective? Public Safety Auditor's Office: Completely Agree-2 Somewhat Disagree-2 Completely No Agree-1 Agree-1 Disagree-0 Opinion-1 OPD's Internal Affairs Unit: Completely Agree-3 Somewhat Disagree-1 Completely No Agree-2 Agree-0 Disagree-1 Opinion-0 OFD's Internal Affairs Unit: Completely Agree-0 Somewhat Disagree-0 Completely No Agree-1 Agree-0 Disagree-0 Opinion-0 5. Overall, how do you feel about the services you received? Public Safety Auditor's Office: Completely Satisfied-3 Average-0 Dissatisfied-1 Completely No Satisfied-2 Dissatisfied-1 Opinion-2 OPD's Internal Affairs Unit: Completely Satisfied-1 Average-0 Dissatisfied-2 Completely No Satisfied-1 Dissatisfied-3 Opinion-1 OFD's Internal Affairs Unit: Completely Satisfied-0 Average-0 Dissatisfied-0 Completely No Satisfied-1 Dissatisfied-0 Opinion-1 Appendix"G" 6a. What could the Office of the Public Safety Auditor do to be more helpful to people filing complaints against an Omaha Police Officer? Comments included: • My experience with the Public Safety Auditor was extremely positive, and did far more to address my concerns and explain why nothing could be done than anything the IA Unit did. She responded swiftly to my e-mails and gave me all the time on the phone that I desired to address my concerns. Her explanation, while not satisfactory,was thorough and very helpful. Thanks to her involvement, I at least have a better understanding of the process,the limits to the IA Unit's investigative process, and the reasons why most of my concerns were not addressed in that process. Given the IA's exceptionally poor performance, I can understand why they would not want to draw attention to the Public Safety Auditor. • Very helpful. • The public needs a recourse with authority. Appendix"G" 6b. What could the Internal Affairs Unit do to be more helpful to people filing complaints against an Omaha Police Officer? Comments included: • I think the IA person was very understanding, he allowed my disabled son enough time to say what he wanted to say. He didn't rush him at all. Thank you for allowing us to talk. • Pay strict attention to evidence. • Order radar on Pratt Street from 49th to 48th. All intersections in Omaha are dangerous. • My opinion is they did not want to hear any negatives about a fellow officer. Why weren't the true statements even considered? Very dissatisfied. • The present system is weighed heavily against the citizen without reasonable recourse. • They do a very good job. My case didn't turn out in my favor. I need an attorney not the police department. Overall the Sgt. in IA was great. He did all he could do for me. • My wife and I were both extremely well treated by our interviewer. He was extremely pleasant, agreeable, and understanding. Aside from this pleasant experience, we found the IA Unit process to be a complete waste of our time and a farce. The response to my complaint found that the officer involved was not at fault and failed to address any other issues I raised in my complaint. There was no apology, or even a hint at an apology. 6c. What could the Internal Affairs Unit do to be more helpful to people filing complaints against an Omaha Fire Personnel? No comments were received pertaining to the Omaha Fire Department. Appendix"G" Customer Service Survey about the Office of the Public Safety Auditor (PSA) The purpose of this voluntary survey is to obtain information from the public about the quality of customer service provided by the staff of the Office of the Public Safety Auditor(PSA). Your cooperation is appreciated. Please take a few moments to answer the following questions. The information reported will have no effect on the investigation or outcome of your complaint and will not become part of your complaint file. This survey is intended to measure the quality of service you received and not the outcome of your complaint. 1. How receptive was the Office of the Public Safety Auditor staff when you first had contact with the office(i.e.were you made to feel comfortable and welcomed)? 5 4 3 2 1 0 Excellent Above Average Average Below Average Poor No Opinion 2. Are you satisfied with the quality of the explanation of the complaint process given to you by the staff at the PSA? 5 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely No Opinion Satisfied Dissatisfied 3. If applicable,were you satisfied that your phone calls were returned in a timely manner? 5 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely Not Satisfied Dissatisfied Applicable 4. Were you interviewed by a staff member from the PSA, if so,answer the following statements? Yes No A. My interview was conducted in a timely manner? 4 3 2 1 0 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion (Continued on other side) Appendix"G" B. My interview was conducted in a courteous manner? 5 4 3 2 1 0 1 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion ; C. My interview was objective? 5 4 3 2 1 0 I Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion 5. Overall, how do you feel about the services you received? 15 4 3 2 1 0 ' Completely Satisfied Average Dissatisfied Completely No Opinion Satisfied Dissatisfied 6. What could the Office of the Public Safety Auditor do to be more helpful to people filing complaints against an Omaha Police Officer. Return this survey in the enclosed self-addressed stamped envelope Appendix"G" Customer Service Survey about the Omaha Police Department Internal Affairs Unit (IA) The purpose of this voluntary survey is to obtain information from the public about the level and quality of customer service provided by the staff of the Omaha Police Department Internal Affairs Unit (IA). Your cooperation is appreciated. Please take a few moments to answer the following questions. The information reported will have no effect on the investigation or outcome of your complaint and will not become part of your complaint file. This survey is intended to measure the quality of service you received and not the outcome of your complaint. 1. How receptive was the Internal Affairs staff when you first had contact with the office (i.e.were you made to feel comfortable and welcomed)? 5 4 3 2 1 0 Excellent Above Average _ Average Below Average Poor No Opinion 2. Are you satisfied with the quality of the explanation of the complaint process given to you by the staff at Internal Affairs? 5 4 3 2 1 0 1 Completely Satisfied Average Dissatisfied Completely No Opinion Satisfied Dissatisfied 3. If applicable,were you satisfied that your phone calls were returned in a timely manner? 5 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely Not Satisfied Dissatisfied Applicable 4. Were you interviewed by a staff member from Internal Affairs,if so, answer the following statements? Yes No A. My interview was conducted in a timely manner? 5 4 3 2 1 0 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion (Continued on other side) Appendix"G" B. My interview was conducted in a courteous manner? 15 4 3 2 1 0 1 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion J C. My interview was objective? 5 4 3 2 1 0 1 Completely Agree Somewhat Disagree Completely No Agree Agree _ Disagree Opinion 5. Overall, how do you feel about the services you received? 5 4 3 2 1 0 ' Completely Satisfied Average Dissatisfied Completely No Opinion :Satisfied Dissatisfied 6. What could the Internal Affairs Unit do to be more helpful to people filing complaints against an Omaha Police Officer. Return this survey in the enclosed self-addressed stamped envelope Appendix"G" Customer Service Survey about the Omaha Fire Department Internal Affairs Unit (IA) The purpose of this voluntary survey is to obtain information from the public about the level and quality of customer service provided by the staff of the Omaha Fire Department Internal Affairs Unit (IA). Your cooperation is appreciated. Please take a few moments to answer the following questions. The information reported will have no effect on the investigation or outcome of your complaint and will not become part of your complaint file. This survey is intended to measure the quality of service you received and not the outcome of your complaint. 1. How receptive was the Internal Affairs staff when you first had contact with the office (i.e.were you made to feel comfortable and welcomed)? 5 4 3 2 1 0 Excellent Above Average Average Below Average Poor No Opinion 2. Are you satisfied with the quality of the explanation of the complaint process given to you by the staff at Internal Affairs? 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely No Opinion [Satisfied Dissatisfied 3. If applicable,were you satisfied that your phone calls were returned in a timely manner? 5 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely Not Satisfied Dissatisfied Applicable 4. Were you interviewed by a staff member from Internal Affairs, if so,answer the following statements? Yes No A. My interview was conducted in a timely manner? 5 4 3 2 1 0 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion Appendix"G" B. My interview was conducted in a courteous manner? 5 4 3 2 1 0 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion C. My interview was objective? 5 4 3 2 1 0 1 Completely Agree Somewhat Disagree Completely No Agree Agree Disagree Opinion _J 5. Overall, how do you feel about the services you received? 5 4 3 2 1 0 Completely Satisfied Average Dissatisfied Completely No Opinion Satisfied Dissatisfied J 6. What could the Internal Affairs Unit do to be more helpful to people filing complaints against Omaha Fire Personnel. Return this survey in the enclosed self-addressed stamped envelope ��g Policea18 �$� t Precincts • t13 _Z 0 ralS U �I— jui(---- z tU Z c7 �- U LLI CC O - z r f60 = et togCO m�, K et 5 &-----".... IMP Am e U. -t- :4, .0 . . S 12id to7. . .„ ID <7Yu1 'Cr N CON Clti N. CM it....._ SOW N 1 cm N N W n - I - ti r - WWI J CD ti CO t . «. CO i 3 ID 1 Ps. ID act. P ji `Lk 11 r R N m CD Mb in I— t U fair:94-----fp 1 "P-).,.... taw �� co CO LD CD CO er CO 03 I—Ili rst taaid .6 4 (..) LC Ct Wad V �tJ a ,se.. ,..ICO f,a hi 03 ` ummi W CD n � op 04 co o .....- COtr----k„...J0 1 uir i4r6 im, _O Er 03 co ocu i Appendix"I" Public Safety Auditor's Recommendations Issues Recommendations Disposition Resolution Period Raised In 2001-3`d Increase the frequency of OPD retreats with the Adopted 2001-4th Qtr. Report Qtr. Report community Increase the awareness of the Crime Prevention Adopted 2001-4th Qtr. Report Specialists Network with Social Service agencies and Adopted 2001-4th Qtr Report increase the use of volunteer Chaplains to assist OPD with mental health concerns. Increase"Verbal Judo"training within Adopted 2001-4th Qtr. Report Increase public service presentations about Adopted 2001-4th Qtr. Report Police Practices and Procedures Review OPD telephone procedures in order to Adopted 2001-4th Qtr. Report provide better service Increase the number of Spanish speaking Police Adopted 2001-4th Qtr. Report personnel by offering incentives Fill all 5 Internal Affairs Investigator positions Adopted 2001-4th Qtr. Report within OPD, with consideration of a 6th position Create a sub-committee of the Auditing Adopted 2002-1st Qtr. Report- Committee Public Safety Committee established Create a"Best Practices" SOP notebook to Partially 2001-4th Qtr. Report ensure all Citizen Complaint investigations are Adopted conducted similiarly Increase training within OPD's IA Unit Adopted 2001-4th Qtr. Report Complete an OPD SOP regarding traffic stops Adopted 2002-1st Qtr. Report Make the Public Safety Auditor's budget Adopted 1st Qtr. 2002 Report- independent of OPD Budget was largely removed Consider filling the Assistant Auditor position Pending within the Office of the Public Safety Auditor 2001-4th Fill the In-service position with the OPD Adopted 2002-1st Qtr. Report Qtr. Report Training Unit Provide additional computers at OPD's NE and Adopted 2002-2nd Qtr. Report- SE precincts in order for Officers to obtain Computers increased departmental e-mails by 2 at each precinct Prepare and distribute OPD roll call bulletins Partially 2002-1st Qtr. Report- regarding accident investigations, entry/search Adopted A video regarding of vehicles and residences, landlord/tenant disorderly conduct assistance, and elements of disorderly conduct was created and distributed Appendix"I" Issues Raised Recommendations Disposition Resolution Period In 2001-4th Qtr. Establish conflict of interest policy for OPD Adopted 2002-1st Qtr. Report- Report Officers involved in Police matters General Orders were themselves drafted to address issue Require that Police Officers involved in Adopted 2002-1s1 Qtr. Report- felony stops explain basis of stop to Citizen General Order drafted to address issue Review OPD policy on glove wear Adopted SOP updated December 2002 Establish procedure to identify Citizens in the Rejected Department will not OPD's CIB Unit disclose who is in CIB for questioning. Assign a single Police Officer to each death Adopted 2002-1st Qtr. Report- custody case Practice in place to address this issue Review current OPD policy on storage of Adopted 2003-1St Qtr. Report cruiser video tapes 2002-0 Qtr. Increase OPD staff Adopted 2002-2nd Qtr. Report- Report Lateral Training Academy and new recruit Academy slated for 2002/2003 Created a mandatory annual OPD training Pending plan Review OPD policy on expediting medical Adopted 2002-2nd Qtr. Report- personnel involved in Police contacts Policy was devised Survey and monitor the use of guns and gun Pending drawn contacts by Police Officers 2002-2nd Qtr. Review overall Citizen Complaint process to Partially 2002-4th Qtr. Report- Report make more user friendly Adopted Revised Citizen Complaint Forms Determine a finding for Citizen Complaints to Pending distinguish b/t an incorrect vs. fraudulent claim Prepare and distribute an OPD accident Pending investigation refresher video for roll calls Establish OPD SOP for detention practices on Adopted Same Quarter use of restraints, force, etc. Devise procedure to guide the Public Safety Pending Auditor's Office and Auditing Committee Improve functions of OPD and Impound Lot Pending in regards to towing vehicles Review and standardize OFD's Citizen Partially 2003-2nd Qtr. Report- Complaint process Adopted Revised Citizen Appendix"I" Complaint Forms Issues Raised Recommendations Disposition Resolution Period In 2002-3`d Qtr. Review OPD efforts to improve customer Pending Report service Review OPD procedures to monitor the Pending number of cruisers that arrive at all calls 2002-3`d Qtr. Improve communication b/t OPD and 911 to Pending Report ensure Officers are called out when appropriate Improve Administrative Support within No Action OPD's IA Unit Consider using retired Police Officers in Partially 2003-1st Qtr. Report- various positions in order to increase the Adopted City Announcement number of Officers on street that some retired Officers with be School Resource Officers. 2002-4th Qtr. Make OPD's SOP available for public review Pending Report Expand Complaint intake process to include Pending general inquiries to IA Unit Create and use an evidence and allegation Pending 2003-1st Quarter- checklist to assist IA Unit Citizen Complaint Checklist created. investigations in each case Create more local training Pending opportunities/attempt to reduce IA Unit turnover Request change in OPD's Union contract to Pending increase IA Unit investigative period Devise a 3rd party complaint policy Pending Document and develop clearer legal analysis Pending in certain cases Define "no finding" and "court issue" Pending disposition of IA cases in SOP Devise a cruiser video collection policy Adopted 2003-0 Qtr. Report- General Order drafted to address issue. 2003-0 Qtr. Address"Patterns and Trends" identified in Pending Report 2003 First Quarter Report Separate Create a separate policy modeled upon the Adopted SOP changed June Recommend IACP model policy on motor vehicle searches 2003 -ation Report 03/10/03 Appendix"I" Issues Raised Recommendations Disposition Resolution Period In Separate Training Issues-Use of consent cards for Adopted June 2003-Vehicle Recommend vehicle searches Searched tracked on -ation Report F.O. Cards 03/10/03 Separate Revise or replace OPD's current policies on Pending Recommend- warrants ation report 06/01/03 2003-2nd Qtr. Study the data contained in the 2nd Quarter Pending Report 2003 report and respond to recommendations made in the past 2 years. 2003-3rd Qtr. Implement a Department-wide system to Pending Report capture all forms of Officer Commendations. Convene a work group to conduct various Pending system reviews within the Police Department. 2003-4th Qtr. Examine the overall disciplinary system Pending Report within the Police Department and make changes/improvements as necessary. CD C C� o p t� ao n CCia D I n W� o v C o N ‘ *► s • Op G lib .10 n ed •Ill 0 iI q