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SR 11-29-2022 8A City Council Report City Council Meeting: November 29, 2022 Agenda Item: 8.A 1 of 1 To: Mayor and City Council From: David White, City Manager, City Manager's Office Subject: Request of the Public Safety Reform and Oversight Commission to Receive and Review the Reports Provided by the Public Safety Reform and Oversight Commission Recommended Action The Public Safety Reform and Oversight Commission has prepared a series of reports and recommendations concerning public safety in Santa Monica, most recently focused on complaint investigations and the status of the Santa Monica Police Department’s implementations of the reforms recommended by the OIR Group following their in-depth after action report concerning the events of May 31, 2020. Staff recommends that the City Council receive and review the reports provided by the Public Safety Reform and Oversight Commission. Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council Attachments: A. Attachment A: PSROC November 15 Council Presentation_ B. Attachment B: Santa Monica Complaint Review Final 10 7 22 C. Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final D. Written Comment 8.A Packet Pg. 26 To: Mayor and City Council From: Derek Devermont, Chair of the Public Safety Reform and Oversight Commission Subject: Public Safety Reform and Oversight Commission Annual Update In February 2020, Council voted to create the Santa Monica Public Safety Reform and Oversight Commission (PSROC). PSROC was designed to provide civilian oversight of SMPD and to evaluate how the city approaches law enforcement. Since its inception, PSROC has created numerous committees, held multiple hearings, and submitted six reports to Council, two of which are attached to this memo. These reports were authored by either the Commission or the Commission's Inspector General (IG). These reports addressed the following: 1) SMPD's response to the OIR 5/31/2020 report-Commission Authored 2) SMPD's complaints process-Commission Authored 3) SMPD policy surrounding and use of bodycam technology-Commission Authored 4) SMPD's possession and use of military equipment pursuant to AB 481-Commission Authored 5) OIR report on SMPD's progress in implementing IG proposed reforms-IG Authored 6) OIR audit of SMPD complaint process-IG authored This memo will focus on a few of these topics. POLICIES AND USE OF BODYCAM TECHNOLOGY SMPD uses impressive bodycam technology. Perhaps most impressive is how a single officer activating his camera will start the cameras of other officers in the area. This prevents officers, intentionally or unintentionally, from failing to activate their cameras. PSROC proposed reforms to remove undue officer discretion regarding what is recorded. The Commission heard from officers that they are trained to decide when to turn a camera off in situations involving witnesses or victims. PSROC feels this discretion should be eliminated. SMPD responds with a genuine and valid concern for the privacy of witnesses and victims. This privacy, however, is already protected under current law. Cases involving sex crimes, minors, 8.A.a Packet Pg. 27 Attachment: Attachment A: PSROC November 15 Council Presentation_ (5495 : PSROC Reports) etc., are not subject to public record requests. Additionally, such footage is usually subject to a court's protective order preventing the distribution of protected materials. PSROC also learned prosecutors prefer to have witness/victim interviews recorded. With the passage of time, memories fade and become warped. Bodycam footage refreshes the memory of those that would testify and prevents inconsistencies that defense lawyers will use. As court cases drag on, a preserved video record prevents the downfalls of time. There are instances when an officer should not have his camera running (bathroom breaks, interacting with family, etc.), but PSROC feels the cameras should be running absent these circumstances. PSROC offers drafts of reports to SMPD for input. SMPD wrote a written response to PSROC's report on bodycams and submitted it to Council. It is important to note they responded to a PSROC draft never submitted to Council. Instead, SMPD replied to an initial PSROC draft provided solely for input. The final PSROC draft submitted to the Council addressed many of SMPD's concerns. COMPLAINTS PSROC had many hearings on SMPD's complaint process. Council was provided a report with the Commission's findings. The work done in this area shows how SMPD and PSROC working together can benefit the city. In PSROC's hearings, it was discovered SMPD lacked a record-keeping/tracking system for complaints that were handled informally or quickly dismissed by a supervisor. If an intended complainer was turned away by an officer, a record was not kept of the interaction nor the attempt to file a complaint. The absence of a system prevented effective auditing and oversight. To SMPD's credit, they have acknowledged the gap and taken great strides to fill it. SMPD has acquired new software that will track every complaint and ensure interested parties within the department and outside are notified of progress. Additionally, all complainers will be provided a form with a reference number to draft their complaints. Once completed, the complainer is provided a copy of the form for future reference, SMPD and PSROC worked together in this specific circumstance, and the community benefitted. PSROC still believes areas of concern remain. The Commission tasked the IG with auditing ten complaints to see if they were processed and adjudicated in a manner that was fair to the complainer, the community, AND THE OFFICER. It is important to note that many of the audited complaints were received under the leadership of a previous Chief of Police. The IG wrote a report, attached to this memo, and found areas of concern. PSROC found the time taken to process complaints to be inexcusably long. Most took ten months or longer. 8.A.a Packet Pg. 28 Attachment: Attachment A: PSROC November 15 Council Presentation_ (5495 : PSROC Reports) Witnesses and complainers were only contacted then. As a result, the potential for faded memories, interest, and loss of contact with relevant parties increases exponentially. Also, relevant evidence was not obtained or kept in the file. Video footage, pictures, and other records were inexplicably left out of the file preventing an accurate audit of the fairness of SMPD's conclusions. Perhaps most troubling is the limiting of the scope of the complaint. If an investigator found misconduct by another officer not initially subject to the complaint during the investigation of a complaint, no additional action was taken to hold the malfeasant officer accountable. A glaring example is in the report of a seemingly intentional attempt to hide the use of force by filing it inappropriately in an area where no one would notice. When it was discovered the use of force wasn't filed as a "use of force," the officer who errored was not held accountable. AB 481-POSSESSION AND USE OF MILITARY EQUIPMENT In response to Council's referral, PSROC investigated SMPD's possession and use of military equipment. Commissioner Angela Scott and Vice Chair Centeno jointly wrote a report that found possession of all AB 481 equipment in SMPD's arsenal appropriate. Of particular concern was the famous "Bearcat." This is an intimidating vehicle, and the Commission questioned whether a less militaristic alternative could serve the purpose and function of the bearcat. It was discovered that alternative vehicles would cost twice as much as the bearcat, require an additional vehicle, and couldn't provide the medical services of the bearcat. SMPD was forthright and responsive. MAY 31, 2020 OIR REPORT Recently, the IG was tasked with auditing SMPD's progress in implementing the recommended reforms found in the previous OIR 5/31/2020 report. Some recommended reforms were implemented, progress was made on implementing more, and some still needed to be satisfactory. The IG report is attached to this memo. CONCLUSION Recommendations: Council should direct the City Manager to work with SMPD to: 1. Eliminate officer discretion in the use of body cams when witnesses who are victims to a crime are involved. 2. Implement all proposed reforms proposed in the Inspector General’s report on complaints and processes. 3. Require all complaint investigations to be processed, investigated, and brought to completion within 90 days. 8.A.a Packet Pg. 29 Attachment: Attachment A: PSROC November 15 Council Presentation_ (5495 : PSROC Reports) 4. Require all SMPD officer misconduct be investigated fully irrespective of how the misconduct is discovered. 5. Implement all recommendations in the OIR Group’s After Action Report concerning the events of May 2020. PSROC looks forward to making a presentation on 11/15/2022 and will be open to answering any questions. Please feel free to contact me in advance should a concern arise. Derek Devermont Chair-PSROC 8.A.a Packet Pg. 30 Attachment: Attachment A: PSROC November 15 Council Presentation_ (5495 : PSROC Reports) 1 City of Santa Monica Inspector General’s REPORT on SMPD Complaint Investigation Process October 2022 Michael Gennaco Stephen Connolly Teresa Magula Julie Ruhlin 8.A.b Packet Pg. 31 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 2 323-821-0586 7142 Trask Avenue | Playa del Rey, CA 90293 OIRGroup.com 8.A.b Packet Pg. 32 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 3 Introduction At its regular public meeting in February of 2022, the Santa Monica’s “Public Safety Reform and Oversight Committee” (“PSROC”) endorsed an audit project that had been recommended by Michael Gennaco of OIR Group, in his capacity as Inspector General. The project was meant to supplement the work that the Committee had already initiated in learning about the mechanics of the public complaint process as administered by the Santa Monica Police Department (“SMPD”). The Committee has produced a report and several recommendations as a result of knowledge it gleaned from members’ interactions with SMPD personnel. These interactions related to protocol and procedure with regard to intake, triage, and investigation of complaints, and the Committee identified areas where it thought the processes could become more effective. In proposing an audit of actual cases completed recently by the Department’s Internal Affairs unit, the Inspector General sought to add to the foundation that the Committee had established through its own efforts. Specifically, an audit by the Inspector General was intended to add two elements to the Committee’s project. One was a perspective drawn from OIR Group members’ extensive experience with oversight and “best practices” for administrative investigations. The other was a substantive, qualitative review, based on the IG’s unique access to confidential SMPD files and records pursuant to the City Ordinance. An assessment of recently completed cases offered a concrete way to evaluate the effectiveness of the process through the prism of actual complaints and allegations of misconduct involving SMPD personnel.1 Pursuant to the proposal and the Committee’s authorization, the IG reviewed 10 complete investigation files that were provided by the Department. These materials included the following: • The memo prepared by the investigator that summarized the evidence; • The transcribed interviews of the complainants, witnesses, and subjects of each case; 1 One aspect of the complaint process not addressed in this audit is how “complaints” that are not referred for a formal administrative investigation are addressed by SMPD. As noted below, that issue is sufficiently weighty to comprise a potential future IG audit project. 8.A.b Packet Pg. 33 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 4 • Any documents or other evidence relating to the underlying incident (including police reports, photos, body-worn camera and other recordings); and • The written analysis by SMPD executive-level decision makers as to outcomes. We evaluated the cases along a range of criteria. These included investigative scope, thoroughness, timeliness, objectivity, accountability, remedial steps (if necessary), and overall legitimacy. The following Report about those evaluations hopes to provide insight in a couple of ways: first by offering a window into the specific allegations that SMPD addressed, and then, based on those particular examples, by drawing larger conclusions – and recommendations – about the process itself. Accordingly, we provide a factual summary for eight of the ten investigations that we reviewed, in terms of both the incident at issue and the Department’s administrative response.2 The ultimate point was not to validate or question or otherwise re-litigate the actual outcomes of these complaints, though we do share our impressions of the findings. Instead, it was to use the cases as a concrete basis for assessing the process more broadly. In doing so, we sought to identify systemic issues that may warrant attention or revision for the sake of enhancing future effectiveness. Individual issues that arose, as well as collective tendencies we saw across several cases, are discussed with accompanying recommendations. A few notes are warranted about our interactions with SMPD in conjunction with this project. First, we appreciate the complete cooperation we received from Department supervisory staff with regard to accessing the necessary materials. Next, it bears mentioning that a prior administration was at the helm during the time these matters were investigated. Our hope is that current leadership will reinforce the strengths we identify and embrace opportunities to make positive adjustments, and we have reason to believe this will occur. Finally, we are grateful for thoughtful feedback that the Department provided, and that helped to clarify and otherwise improve this Report. In terms of an “executive summary” of our findings, we noted a mix of strengths and limitations that we discuss below. One striking aspect of the review was that accumulating the cases for our evaluation required the Department to go back in time – some of the complaints we assessed were raised in 2018. 2 After our initial review, we learned that two of the cases we examined were also the subject of ongoing civil litigation. At the request of the City Attorney, our discussion of those cases will be deferred until the conclusion of that litigation, but the intent is to discuss in an addendum to this public report what we learned from those cases at that time. 8.A.b Packet Pg. 34 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 5 The potential causes of this low volume of formal investigations are various. The simplest and most encouraging would be that SMPD rarely provokes the dissatisfaction or grievance of the people it serves and encounters in Santa Monica. We don’t discount this possibility, and agency leadership informs us that it is common for the Department’s self-initiated misconduct investigations to exceed public complaints in the course of a given year. At the same time, we know the pandemic reduced the number of overall contacts by a considerable amount. And we have worked in jurisdictions in which a higher number of complaints is at least partially a function of heightened engagement and receptivity to public feedback as opposed to greater levels of dysfunction. In short, SMPD’s numbers were objectively small, in a way that is best understood as a notable if only partial metric of overall community satisfaction, We also take note of the potential relevance to this issue of the Committee’s formal findings about the complaint process in its report from earlier this year, particularly those that relate to the initial screening that occurs at the outset of the process. This sometimes results in the resolution of a complaint without the involvement of Internal Affairs.3 We agree that this process merits further inquiry and potential adjustment to existing protocols. As for the investigations themselves, we noted several strengths. The completed files were generally well-organized and reflected a methodical, thorough investigative approach. Investigative work was often resourceful in gathering evidence from available sources and reconstructing the events underlying the respective complaints. Complainants were treated respectfully and interviewed with patience and objectivity. Interviews of the officers who were the focal point of allegations were often impressive in their depth and effectiveness in addressing the key issues. And the analysis that went into consideration of completed cases was consistently thoughtful; it showed a willingness to engage with the issues and reach appropriate conclusions in most of the individual instances we studied. We were also impressed that the Department goes to the time and trouble of transcribing interviews. In our experience, most agencies are content to rely on recordings and investigator summaries, but the transcripts make evaluation of the actual content of statements much more efficient (and therefore more likely to happen when decision-makers are assessing completed files). 3 Per the Committee’s report, this can be because the handling supervisor “defuses” the issue without a formal complaint being filed, or because of a determination that the conduct as described does not constitute a policy violation. 8.A.b Packet Pg. 35 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 6 Overall, we found that the complaints were taken seriously, investigated skillfully, and evaluated thoughtfully by Department management. Naturally, we noted individual concerns with specific elements of the reviews, but these often reflected the close scrutiny of the review more than substantial problems that undermined the cases themselves. We also found some “common denominators” that were more substantive in nature, and thus potentially applicable to future investigative effectiveness. The first of these related to the time of completion for the investigations. All of them took at least several months to finalize, and most ran up to – or over – the one-year statute of limitation which constitutes the eligibility period for California agencies to impose discipline against peace officers who have violated policy. As we discuss, this is problematic in a few ways, even when officers are cleared of all allegations and therefore not subject to disciplinary consequences. We note in fairness to the Department that staffing challenges and COVID impacts have been a factor here, and that the current leadership team has not only acknowledged that “sooner is better” but has implemented steps to better monitor the progress of open cases. This is encouraging, and we assume it will pay dividends. The next concerns the completeness of the files. Specific evidence was sometimes not included for review, even when it is referenced as having been in existence. The Department’s ability to “show its work” is important to the soundness of its record- keeping and the underlying process itself. The third relates to the scope of the Department’s investigative inquiries. While the core elements of individual citizen complaints were generally processed, it is often the case that such investigations reveal other shortcomings or performance issues that were not specifically mentioned by the complainant as a concern. (These might include a deficient report or a failure to follow protocol for notifying supervisors – issues that the complainant would not even be aware of.) These would sometimes be noted, but not addressed within the context of the investigation itself. As we explain, even when such matters don’t rise to the level of a policy violation, they often merit attention, and we are not sure whether SMPD is taking full advantage of these opportunities to use the complaint process as a “feedback loop” to improve future operations. We hope this report and attendant recommendations will serve as a complement to the PSROC’s work in this arena. 8.A.b Packet Pg. 36 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 7 Systemic Recommendations Internal Deadlines for Completion of Internal Investigations As noted above, another recurring issue within the cases we reviewed related to the pace of completion. Investigative work itself often extended for months beyond the intake of the complaint. In other instances, unexplained delays at the executive level extended the process of final resolution. The year-long statute of limitations period for administering discipline is a deadline, not a suggestion, and for many reasons the appropriate investigation and response will occur in a much more efficient manner. RECOMMENDATION 1: SMPD should develop internal deadlines for completion of internal affairs investigations of no longer than 180 days and require approval from chain of command for any extensions with reasons articulated for any delay. RECOMMENDATION 2: SMPD leadership should commit to the timely review of completed complaint cases and should engage in prompt decision-making and remediation as needed. Items missing in investigative files. While the files that we reviewed were well organized, each was missing materials that one would expect to find in them. As a result, we were not able to even know whether such materials were generated, let alone review the quality of any materials produced. It is incumbent that SMPD adjust their protocols and practices to ensure that such materials are included in the investigative file. With regard to closing letters, we were advised by the Department that they typically are not included in the file but scanned and kept in a different file. Even if there may be value in retaining copies of closing letters in another file, a copy should be inserted in the investigative file as well. RECOMMENDATION 3: SMPD must ensure that, pursuant to state law, complainants are advised of the outcome of any complaint investigation and a copy of the letter is included in the investigative file. RECOMMENDATION 4: When SMPD takes photographs related to injuries or other relevant aspects of the complaint investigation, it should retain such photographs in the investigative file. RECOMMENDATION 5: Body-worn camera footage of officers that is relevant to the allegations should be included in the investigative file. 8.A.b Packet Pg. 37 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 8 Case Reviews and Recommendations Case #1: Allegations of Excessive Force and Profanity During Traffic Stop The complainant alleged that, during the traffic stop that had ultimately led to her arrest, the officer used profane language and assaulted her when he closed the driver’s door on her leg. The complainant alleged that she had been subjected to excessive force by both the arresting officer and by jail personnel. She further alleged that she was wrongly denied her requests for medical attention or to make phone calls until after she had been fingerprinted and booked. According to SMPD reports, the complainant was read the Department’s complaint policy and provided with a copy of the complaint process, but she was not formally interviewed about her complaint. SMPD reported that when an investigator attempted to interview her, she requested “immunity” from the incident and declined to cooperate further. According to SMPD reports, the complainant was stopped as a result of a defective tail- light. When the complainant was advised of the reason for the stop, she asked if she could see the tail-light and opened the car door. The body camera footage confirmed this discourse and the officer’s response to “stay in the fucking car,” followed by the slamming of the door. The complainant is heard to respond, “Why are you cursing me?” According to SMPD reports, the complainant argued with the officer about signing the citation that he intended to issue her and was advised that she would be arrested if she failed to sign. The complainant eventually signed the citation but then threw the pen she had used at the officer, striking him in the chest. As a result, the complainant was charged with assaulting a police officer and taken into custody. The case was presented to the City Attorney for filing consideration, but it was rejected. The complainant further expressed unhappiness that her tongue stud piercing and her hair extensions were removed. It was explained to the complainant that jail policy required the removal of these accoutrements. SMPD records indicate that the complainant was eventually examined by jail medical staff, and she was cleared for booking. While these aspects of her treatment were problematic to her, they were consistent with reasonable Department protocol and thus did not constitute misconduct. The officer admitted that his use of profanity was vulgar and contrary to policy, but that it was in reaction to a threatening situation when the complainant abruptly opened the car door during the stop. SMPD conducted a thoughtful analysis of the incident and determined that the involved officer was “short” with the complainant in a way that may have contributed to escalating the encounter. For example, when the complainant 8.A.b Packet Pg. 38 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 9 continued to argue with the officer, the officer responded by indicating that he was going to give her another citation. It also found that the officer’s use of profanity violated SMPD policy; appropriate remedial action was undertaken. While the complainant’s reaction further escalated the situation that eventually led to her arrest, the Department appropriately concluded that the officer’s initial behavior was not in accord with its expectations. OIR Group Review and Analysis The Investigation The investigation was thorough and detailed. A particularly impressive feature of the investigation was that interviews were transcribed and included in the file. However, while SMPD reports indicated that photographs had been taken of the complainant’s injuries, no photographs were included in the investigative file.4 Moreover, while the report indicated that the nurse at the jail examined the complainant for injuries, there were no jailer medical records.5. And while the investigation refers to and relies on body-worn camera footage to make its determination, no body-worn camera footage was included in the file, which initially prevented us from corroborating what was reportedly depicted.6 Finally, state law requires that complainants be advised of the outcome of any internal investigation, but no closing letter to the complainant was located in the file.7 The report indicated that the involved officer was able to review body-worn camera video of the incident prior to being interviewed. Best practices warrant that subjects of internal investigations not be afforded the opportunity to review video prior to providing a statement so that the “pure” state of mind of the officer can be obtained. After an 4 We were advised that the photographs were not included in the file because they did not show any injuries. However, even evidence of “non-injuries” is relevant evidence and should be included in the investigative materials. Upon our request, the photographs were retrieved; they did not show any obvious injuries to the complainant. 5 In a recent discussion about this issue, SMPD raised privacy concerns of the complainant if the records were included in the internal investigative file. We appreciate those concerns, and encourage the Department to balance them appropriately with ensuring investigative thoroughness. We suggest a reference in the internal investigative file as to where the medical records have been lodged and that they have been reviewed as part of the investigation. 6 When we raised this issue with the Department, they were able to locate the relevant body- camera footage, which we were then able to review. The footage is consistent with the investigative findings. 7 It is possible that the proper notification was sent but not included in the investigation file. 8.A.b Packet Pg. 39 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 10 initial statement is obtained, the officer should then be afforded the opportunity to review video footage to determine whether that review refreshed the recollection of the officer. Finally, it took approximately 10 months to complete the investigation and review of this complaint. We recognize that some – but not all – of this delay is attributable to the challenges in gaining an interview with the complainant. Even so, SMPD could have completed the investigation in a more timely fashion. While state law allows for one year to complete the process, agencies should strive to complete investigations well before that statutory deadline. Barring exceptional circumstances, police agencies should strive to complete investigations between 60-180 days. The Outcome We concur with the outcome of the internal investigation that there was insufficient evidence to sustain the majority of the complainant’s allegations. We further agree with SMPD’s determination that the officer violated the Department’s profanity policy and the remedial discipline imposed. RECOMMENDATION 6: When there is evidence of medical treatment by jail staff that is relevant to the allegations received, investigators should obtain and review such records and include them in the investigative file. RECOMMENDATION 7: When officers are the subject of an Internal Affairs investigation, they should be required to provide a pure interview statement prior to reviewing any body camera or other video footage, with a subsequent opportunity to review recordings and amend their responses as needed (and based on refreshed recollection). Case # 2: Allegation of Missing Property This case involved a claim filed by the complainant with the City that he had $1,000.00 in the sleeve of his MacBook carrier when he was arrested for domestic violence, and that the money was missing when he was given back his property. The City’s Risk Management group appropriately forwarded the claim to SMPD; to its credit, the Department then initiated an investigation into the allegation. Once the investigation was initiated, the SMPD investigator attempted on three occasions to contact the complainant (who lived out of state) with no success. This hampered the investigation. However, a review of the arrest report and related materials noted that the MacBook sleeve in question was unattended and in a public space for several minutes after the complainant’s girlfriend threw it out the window. Moreover, while the complainant spoke to officers after his arrest of having $100.00 in his personal possession (which was returned to him), he did not mention the larger amount of money that he later claimed was missing. 8.A.b Packet Pg. 40 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 11 The Investigation This investigation took ten months to complete, and efforts were not made to contact the complainant until five months after the investigation was opened. Best investigative practices teach that a complainant should be contacted promptly when an investigative interview is needed to supplement a complaint. This not only assists with the effective framing of issues and compilation of best available evidence, but it also reinforces the notion that the Department is taking the matter seriously and prioritizing it appropriately. Moreover, as we say repeatedly here, investigations should be completed well before the statutory due date for that and other reasons – including timely resolution for involved personnel and timely accountability and corrective action where warranted. As with the previous case, there was no letter to the complainant in the investigative file informing him of the results of the investigation nor was there any documentation of the apparent rejection by the City of the claim. SMPD’s Review We concur with the determination that there was insufficient evidence to indicate any violations of policy by involved SMPD personnel. RECOMMENDATION 8: SMPD should strive to contact the complainant of any investigation promptly – ideally within days of receiving the complaint. RECOMMENDATION 9: SMPD should include any available documentation regarding resolution of a legal claim that resulted in the initiation of the complaint investigation. Case # 3: Allegation of Excessive Force The complainant in this matter alleged that he had been subjected to excessive force after he was evicted from a bar, claiming that he had unnecessarily been taken to the ground with his face pushed into concrete. The investigation established the basic facts of the encounter in question. As a result of a dispute, the complainant had been ejected from the establishment. When police arrived the complainant was aggressively expressing unhappiness about the way he had been treated in the bar. SMPD officers instructed the complainant to sit down, but he declined to do so. Because of his unruly behavior, a field training SMPD officer told her trainee to go hands on with the complainant, and the trainee first grabbed the complainant’s arms. When the complainant continued to resist, the officers used a leg sweep to take the complainant to the ground. After he was handcuffed, the complainant was lifted back into a standing position. The complainant was released from the scene after representatives of the bar indicated that they had no interest in pursuing charges. 8.A.b Packet Pg. 41 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 12 During the investigation, the trainee admitted to using a leg sweep to take the complainant to the ground. The senior officer stated that she did not know the trainee had used a leg sweep until she reviewed the body-worn camera video after the fact. The officer said she then asked the trainee why he did not tell her he had used a leg sweep, and he replied he did not know. The field training officer did not take additional action upon learning of this information. The sergeant who was on scene at the time of the incident also said that he was not aware that a leg sweep had been used and believed that the officer and subject had fallen to the ground. Instead of preparing a formal report documenting the use of force, the force was documented on a field interview card. The sergeant said that it was his decision to document the force in that way. Investigative Issues As with other cases, there was no closing letter to the complainant nor any indication that a closing letter was prepared and sent. Review Issues We reviewed the reports and body worn camera footage of this incident and concur that there was insufficient evidence that the force used was contrary to SMPD’s use of force policy. However, there were significant issues that were not considered relating to the reporting and documentation of force. SMPD policy requires officers who use force to report that force to a supervisor and to document that force in a formal report. 300.14.1 NOTIFICATION TO SUPERVISORS Notification to a sworn supervisor shall be made as soon as practicable following the application of force in any of the following circumstances: […] (j) An individual was struck, kicked, and/or otherwise forcibly taken to the ground. 300.14 REPORTING THE USE OF FORCE Any use of force by a member of the Department shall be documented by the involved member promptly, completely, and accurately in an appropriate incident/crime report or supplemental incident/crime report before the member completes their shift. The first issue here is that the trainee had not properly reported the extent of his force (specifically the leg sweep) at the time of the incident, either to his training officer or the sergeant who was on scene. Because of the failure of the trainee to immediately report the use of force to either the training officer or the on-scene sergeant and the way in which the sergeant allowed the force to be informally documented, the use of force 8.A.b Packet Pg. 42 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 13 mechanisms were not effectively activated. This would normally have included an interview of the subject and other investigative steps by the supervisor, as well as certain standardized review protocols as to compliance with force policy. When that information did subsequently emerge, the field training officer took no action to ensure that the use of force was fully reported and reviewed; instead, she simply inquired of the trainee about his lack of full, accurate acknowledgment at the scene. The field identification card that was originally – and questionably – used as documentation by the sergeant was clearly inadequate to the more significant level of force that had actually occurred, but it was not supplemented. In short, potential violations of the Department’s reporting and documentation policies seem to have occurred, but were not considered and assessed as part of the complaint investigation. In the executive level review of the complaint investigation, the reviewer failed to identify these deficiencies in force reporting, documentation and on-scene review. Moreover, in discussing the reasons for the force, the reviewer spoke of the “furtive” movements of the complainant in explaining the officer's actions. This sort of vague, catch-all language has become disfavored in current policing, as a greater burden has shifted to law enforcement to explain with precision why physical force was needed. Progressive agencies teach their members that general words such as “furtive” do not provide the level of detail necessary to evaluate the appropriateness of any subsequent actions by officers. Rather, the force analysis should discuss with precision what the individual was observed as doing or saying that became the basis for any subsequent application of force. RECOMMENDATION 10: In reviewing complaints relating to inappropriate use of force allegations, the internal investigation should expand to include and address potential issues that may emerge in the adequacy of reporting, documentation, and supervisory review. RECOMMENDATION 11: SMPD should advise its supervisory team that when reviewing or analyzing force reports, it should avoid terms like “furtive movements” and describe with detail what the subject did or said as a basis for any use of force application. Case # 4: Allegation of Poor Tactics and Excessive Force Officers saw a residential burglary suspect on a bicycle and attempted to stop him; instead, he fled. This prompted an additional response by another set of officers, who soon encountered a different person on a bicycle and confronted him under the mistaken impression that he was their target. The man was uncooperative and eventually taken to the ground in the process of handcuffing him. The initial officers arrived at the location and cleared up the misunderstanding; however, the man was still 8.A.b Packet Pg. 43 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 14 (understandably) upset and claimed that some pre-existing injuries had been exacerbated during the struggle.8 The administrative interview with the complainant was detailed and included affording him the chance to review available BWC recordings. That opportunity prompted him to acknowledge that some of his specific allegations (including the claim that a “chokehold” had been used against him) were not supported by the evidence. He remained adamant, however, that one of the four involved officers had been particularly excessive and inappropriate. This officer had also failed to engage his body-worn camera – an issue that was not pursued in the investigation, but which very much made a negative impression on the complainant. The complainant also questioned the reasonableness of the mistake by which officers had wrongly confused him for the suspect they sought. The allegations of misconduct were ultimately unfounded. A detailed “Letter of Transmittal” included a lengthy analysis that delved into the entirety of the incident. (The force had been evaluated separately as part of other SMPD internal review protocols; however, no materials relating to findings were included in the file). The mistaken identity was recognized as unfortunate but not ultimately blameworthy to the extent it constituted a policy violation. The lieutenant’s case analysis also pointed out that the officer who had had the most direct contact with the complainant had come on to the scene in way that compressed the timeline and left little room for de-escalation. Appropriate counseling was recommended. OIR Group Review and Analysis There were strengths to the investigation, including the aforementioned thorough and balanced interview with the complainant. The case also included interview statements from civilian witnesses to the encounter – one of whom acknowledged the complainant’s vocal anger but still had the impression that the officers were too quick to engage physically. The interviews were transcribed, and the case file itself was well- organized – for the most part. Importantly, it was missing the BWC evidence from one of the involved officers that was supposedly a significant basis for the decision that no policy violations had occurred. The file also did not include a copy of the notification letter that should have been sent to the complainant pursuant to state law. As for concerns, we noted that this case was consistent with the pattern of a protracted timeline: the final signoff at the executive level occurred within days of the end of the one-year limitations period for any potential imposition of discipline by a California police agency. We were also curious about the lack of any formal intervention with regard to 8 He had been afforded medical care at the scene but not transported to the hospital. 8.A.b Packet Pg. 44 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 15 the primary officer’s failure to engage his BWC – a deficiency that was certainly noted by, and understandably bothersome to, the complainant himself.9 Perhaps more significantly, the review and decision-making process (as opposed to the investigation itself) seemed to underplay aspects of the complaint that appeared to have some legitimacy. The complainant questioned how well he “fit the description” of the suspect whom the officers were seeking, and he seemingly had a fair point. Apart from the fact that both men were on bicycles, wore an article of clothing that was the same color (though it was a hat on one and a shirt on the other), and were persons of color (one Black, and one Hispanic), the resemblance was limited. The complainant’s chafing at the supposed justification was accordingly understandable in our view. Even assuming the sincerity of the officers’ confusion and acknowledging the dynamic nature of the encounter, the issue is sensitive enough to have warranted further attention. Ideally, the complaint process ensures not only appropriate accountability, but also a deeper reckoning with performance or training issues that could lead to improvement for involved personnel and the agency as a whole. The “mistaken identity” problem that leads to the detention of innocent Black people is a notorious source of distrust and resentment. The anger and physical resistance that complicated this specific incident should not completely overshadow the underlying mistake by the officers that started things. While the lieutenant’s analysis made a useful gesture in the direction of improving use of time and distance prior to physical engagement, our sense is that a further exploration would have been beneficial. Case # 5: Allegation of Parking Officer Rudeness A woman initiated this complaint against a parking officer after what she alleged was a negative encounter. She said she was with a small group of family and friends in a metered parking area when they were approached and scolded by an SMPD parking officer. He apparently seemed to think someone in the group was adding money to expired meters to thwart his ability to ticket cars, and made a sarcastic remark about the person apparently wanting to work for the Department. The woman found it extremely off-putting and an “abuse of authority” – not least because she asserted that this was not what they were doing in the first place. The allegation was ultimately “not sustained” in the aftermath of the investigation. The officer claimed not to have a specific recollection of the incident. He also claimed that, even if he had suspected people of the conduct at issue, his practice is to provide education (as opposed to chastising). Although the officer was equipped with a body- worn camera, he did not record the encounter. This was within his discretion at the time that the incident occurred (the policy has since been made more definitive). 9 This is a different problem than the aforementioned non-inclusion in the file of another officer’s recording that was apparently created and relied upon. 8.A.b Packet Pg. 45 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 16 Given the differing versions of the encounter, and the lack of definitive proof that improper conduct had occurred to the level of a policy violation, the Department determined that a “not sustained” finding was the appropriate choice. OIR Group Review and Analysis The investigation file was well-organized and thorough, though it did not include a copy of the notification letter. This case also showed examples of resourcefulness and due diligence on the part of the investigator, including interviews with other parties who had been with the complainant at the time of the encounter. (Their stories essentially matched hers in terms of the key components). The complainant chose the parking officer from a “six-pack” identification package, and records of his activity established that he had been on-duty and in the area at the time alleged. Still, although his denial was more theoretical than adamant (since he said he didn’t remember the incident but doubted that he would have treated people like that), the Department decided that the requisite preponderance of the evidence against him had not been established. This, in our view, was at least arguable. It also illustrated the value of relatively prompt interviews (so as to lessen the likelihood that an “I don’t recall” response will credibly occur)10 and the value of body-worn camera recordings (which would be expected per policy to exist in a similar scenario today). We do have the sense that the Department took the investigation seriously. And it strikes us as an example of a scenario in which the process presumably sent a message that influenced behavior as much or more as the minor discipline that a sustained violation would have warranted. Case # 6: Failure To Take a Report The complainant in this case alleged that he had been a victim of a battery while exercising outside, and was frustrated by what he perceived to be the inadequacy of the initial SMPD response. Two officers did respond to the location, but eventually declined to file a report after locating the suspect, finding him to be somewhat incoherent, and lacking a definitive sense that a crime had occurred. The complainant contacted SMPD again the next day, upset that no action had been taken. Meanwhile, the suspect had been arrested for a separate burglary allegation; he was ultimately cited for the previous day’s encounter as well. The complainant thought that the initial responding officers had underperformed in not taking appropriate enforcement action at the time of the incident. The investigation established that one of the officers had in fact fallen short of expectations in terms of the diligence of his investigative efforts and documentation. The other, meanwhile, was relatively new to the job, had deferred to the more 10 This case was not finalized for some ten months after the complaint was lodged, another extended timeline for a relatively straightforward matter. 8.A.b Packet Pg. 46 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 17 experienced officer who took charge of the call, and had done due diligence before being released from the scene by his colleague. Accordingly, he was exonerated of any culpability. As for the first officer, he was forthright in acknowledging shortcomings in his performance and accepted responsibility. (It should also be noted that there were significant mitigating circumstances, including some ambiguity in the complainant’s original information to officers.) While the Department determined that the senior officer’s performance had constituted a violation of policy, it was ultimately not able to administer formal discipline. This is because the case was not finalized until after the end of the one-year limitations period. The problem partly stemmed from the two-week gap between the man’s initial complaint and his more thorough, formal interview with an investigator; the latter date was incorrectly relied upon. Accordingly, the Department characterized the ultimate finding as “miscellaneous.” It was precluded from disciplining the officer, but the record of the case nonetheless was included in his personnel file for future reference. OIR Group Review and Analysis This investigation file had many of the strengths of others we looked at, in terms of the organized file, thorough interviews, and meticulous efforts to reconstruct events. The notification letter to the complainant was also included here. Clearly, though these attributes were overshadowed by the failure to process the completed investigation in time to impose an appropriate disciplinary consequence. The actual discipline here would likely have been at a minor level -- perhaps only a written reprimand and at most a one-day suspension. The issue is therefore less about the officer’s avoiding a severe outcome than about the ineffectiveness of the process itself. Establishing a correct limitations date is as fundamental as any element of a functioning discipline process. But the fact that the error in calculation was relevant at all is itself an indication that the Department was extending the process to a detrimental extent. Case # 7: Allegation of Intentional Provocation of Third Parties and Other Misconduct The complainant in this case was the newly divorced wife of a Santa Monica officer. She contacted the Department to express concern about an incident that had occurred approximately 12 years earlier, when she and the officer were still married. She described being at a Christmas party attended by several SMPD officers and family members, at which a disturbing video had been shown. The on-duty video was taken by an officer who was not her then-husband, but it did involve him and other members of the “Special Policing District” unit that was assigned 8.A.b Packet Pg. 47 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 18 to the beach in Santa Monica. Per the complainant’s version of events, the video showed a clash between two apparently homeless individuals – a male and female. The complainant alleged that the officers had in fact goaded the two into conflict in order to film the result for their entertainment. The investigation was largely able to reconstruct events in spite of the passage of time. There were records of what was apparently the incident in question – a call for service that had involved a dispute between a male and female on the beach who knew each other. Per the recollection of the involved officers (most of whom were still with the agency and were interviewed as part of the investigation), the woman had defecated on the man while he was sleeping in the sand in retaliation for his owing her money. The officers recalled finding the man to be somewhat confused and non-desirous of officer involvement. They remembered assisting him in cleaning up and then clearing the call. The officers also acknowledged the accuracy of some elements of the complainant’s story. This included the existence of the video, which one of the officers had created with a personal recorder that he sometimes brought on patrol under his own initiative. (The video itself was apparently no longer available.) It also included the fact of that year’s holiday party, and the showing of the video as part of the evening’s events. They denied, however, that the video depicted them engaging at all inappropriately with the two principals whose conflict had generated their response to the scene. Instead, their collective memory was that video had been shared because the situation itself was humorously bizarre – and not because they had played a role in instigating anything. Though the propriety of the video’s being taken in the first place, and then being shown in a non-work context, remained open questions (to say nothing of the potential legitimacy of the complainant’s allegations as to what it actually portrayed) the investigation eventually became truncated by a procedural matter. This was the realization that a sergeant had been in attendance at the party. This individual, now retired, was interviewed for the case. He verified that he had seen the video and was aware of its contents. This meant that, as a technical matter, the statute of limitations for imposing discipline could be said to have begun no later than the date of the party. From that starting point, the end of the one-year limitations period had also long since passed. Accordingly, SMPD decided to reach no conclusions as to the evidence with regard to any of the potential allegations. OIR Group Review and Analysis The Department’s “rescinding” of the case left several loose ends. In fairness to SMPD, it should be noted that some of these were unavoidable. For example, though the sergeant’s failure to take action with regard to the video was still potentially actionable (since others in a position to initiate an investigation were not aware), he had retired. Moreover, the extreme passage of time and the tension between the complainant and her former spouse made it difficult to establish which version of the underlying call for service was the more accurate. 8.A.b Packet Pg. 48 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 19 At the same time, the allegations – and the undisputed behavior that was related to them – were attention-getting in a way that merited the Department’s follow-up. Even if there was not a basis for formal disciplinary action, the administration could and should have clarified with those involved parties that the conduct at issue reflected poorly on the agency. Additionally, the complainant raised other concerns about more recent off- duty conduct involving her former husband. These were peripheral to her original complaint. To the investigator’s credit, he solicited information and sought assurance that she was getting any assistance that she needed in handling ongoing interactions. However, as with the main complaint, the file gave no indication of achieving resolution or intervention as to these matters. The distinctive circumstances of this case certainly posed challenges to the Department with regard to fair or meaningful investigation and/or remediation. That said, there appeared to be enough actionable information for some due diligence and a constructive response to have occurred. We hope but have no evidence that SMPD took advantage of this opportunity. More broadly, we encourage the Department to look at the complaint process as an opportunity for improvement at the individual officer or agency-wide levels, with potential that extends beyond the kind of formal accountability measures that were precluded for this complaint. We also recommend that SMPD add to the relevant case file documentation of any actions taken in response to complaint- generated issues. RECOMMENDATION 12: SMPD should work to ensure that it maximizes the potential benefits of rigorous complaint review by addressing identified issues through counseling, training, or other relevant non-disciplinary measures, even when formal accountability is not appropriate or possible. RECOMMENDATION 13: SMPD should be pro-active in responding to peripheral concerns that emerge in the context of a complaint investigation, and should document any resulting interventions as part of the case file. Case # 18: Allegations of Excessive Force and Unjustified Arrest A man was arrested after allegedly attempting to shoplift goods and then getting into an altercation with the employee of the sunglasses store where the alleged theft had occurred. The employee said that the man punched him in the face as he tried to block him from leaving so he could summon police. The man ultimately became the complainant when he was encountered by multiple SMPD officers a short time later in response to the call for service. He claimed that the arrest had been unjustified, and that the officers had used excessive force in the process of taking him into custody. Certain facts were not in dispute. The man was indeed arrested on the day in question, and three officers had engaged with him physically in an effort to place him in handcuffs. The first two officers on scene were struggling when the third officer arrived 8.A.b Packet Pg. 49 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 20 with his K-9 partner – which he quickly deployed in an effort to assist his colleagues. The dog bit the man in the calf, which was a precursor to the end of the struggle and the successful handcuffing. The bite required several staples to close. As to whether the officers had been justified in detaining him, he did meet the description of the suspect in the shoplifting/assault case and was proximate to the store when officers first engaged with him.11 Moreover, the officers were consistent in their reports that the man was confrontational and resistant from the outset, and asserted that their struggle to get the man into handcuffs was a function of his refusal to submit. These assertions were reportedly corroborated by body-worn camera evidence, but there were limitations to this. One of the three involved officers did not turn on his camera. The K-9 officer did, but arrived late to the scene and inadvertently ended up facing in a direction that did not capture significant aspects of the bite. (Nor did his recording establish any of the actions by the complainant that prompted the officers’ initial physical response. It did, however, show the extent of the original two officers’ difficulty in controlling the man.) The third officer reportedly did activate his camera appropriately and to useful effect. The deployment of the dog to assist in taking the man into custody was perhaps the most significant aspect of the force analysis, insofar as two officers were already “hands-on” with the subject and the resultant bite was responsible for his most significant injury. However, the memo that summarized the case and exonerated all three officers noted that the circumstances did fall within the permissible parameters for “apprehension” under the operative K-9 policy. OIR Group Review and Analysis This investigation matched several of the strengths we saw in other cases, including a well-organized file and a resourcefulness in gathering evidence to assess the particular claims. While this did not feature the comprehensive interview with the complainant that we noted in other examples, this was apparently the function of a lack of response by the complainant subsequent to his initial outreach to the Department. the available evidence seemed to refute the complainant’s assertions about his actions prior to being contacted by police, and he in fact showed assaultive behavior just prior to their arrival that is consistent with their assertions about his resistance. SMPD also disagreed with his complaint about the “excessive” nature of the force; this too, seems to have been supported by available evidence. Our ability to corroborate was limited by technical difficulties with regard to one of the videos. Beyond that, though, this proved to be another case in which the potential “pool” of video evidence was reduced by one of the involved officer’s failure to activate his 11 The reporting party was brought to the site of the arrest and made a positive identification of the complainant. 8.A.b Packet Pg. 50 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) 21 camera in this first place. SMPD does not appear to have addressed this issue within the investigation. While these events transpired more than three years ago, and while we hope evolutions in policy and Department expectations have increased both compliance and accountability, we accordingly reiterate our encouragement that SMPD focus on this issue. In particular, we recommend the Department address such lapses formally in the context of complaint cases, even if the issue is not a part of the complainant’s original concerns. While no discipline attached in this case (thereby lessening the impact of any failure to meet the one-year deadline), we noted that the final “sign-off” for the investigation appears to have been some thirteen months after the incident. This is consistent with the timeliness concerns that we have cited above, and which we encourage SMPD to address. Conclusion The proper investigation of public complaints is a hallmark of police agency effectiveness. Ideally, these investigations ensure that officers are accountable for their misconduct, that community members are confident about law enforcement legitimacy, and that the feedback from specific incidents leads to relevant interventions for improvement of future performance. As explained above, our review of the most recent completed SMPD investigations showed them to be fundamentally sound in ways that correspond to achievement of those positive results. At the same time, we noted recurrent – and readily fixable – issues that merit the Department’s attention; we hope our recommendations will provide useful ideas for strengthening its approach in this important area of operations. 8.A.b Packet Pg. 51 Attachment: Attachment B: Santa Monica Complaint Review Final 10 7 22 (5495 : PSROC Reports) Santa Monica Police Department Office of Inspector General INTERIM REPORT ON THE STATUS OF IMPLEMENTATION OF OIR GROUP MAY 31, 2020 AFTER-ACTION RECOMMENDATIONS September 2022 Michael Gennaco Steve Connolly Julie Ruhlin Teresa Magula 8.A.c Packet Pg. 52 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 323-821-0586 7142 Trask Avenue | Playa del Rey, CA 90293 OIRGroup.com 8.A.c Packet Pg. 53 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) Introduction On May 11, 2021, OIR Group presented an independent After-Action report on the events of May 31, 2020, to the Santa Monica City Council. This report included 44 recommendations to improve the City and Santa Monica Police Department’s response to future incidents and increase transparency and accountability. In response, the Council directed the Santa Monica Police Department (SMPD) to report on the status of acceptance and implementation of these recommendations. The Department provided its first response to Council on July 29, 2021, in an “Information Item” that outlined the Department’s response to and plans to implement each of the 44 recommendations. In short, the Department reported that it had accepted all of OIR Group’s recommendations and expressed its commitment to rebuilding trust with the community by implementing them. The Department also experienced changes in leadership with the appointment of a new Chief of Police in October of 2021. And, in the interim, the City established two new mechanisms for oversight of SMPD: • The Public Safety Reform and Oversight Committee (PSROC) is a committee of 11 community members, appointed by the City Council to evaluate and make recommendations regarding public safety reform and promote interaction, collaboration, and trust between the community and SMPD. • The Inspector General supports PSROC by reviewing, analyzing, and reporting on policies and practices of SMPD. The City retained OIR Group as its Inspector General. The PSROC requested OIR Group to report on the Department’s progress of the 44 recommendations. We are pleased to report that the Department has completed 29 recommendations and is making progress toward implementation of the remaining 15. This interim report will discuss the recommendations and outline the Department’s progress to date. 8.A.c Packet Pg. 54 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 2 | P a g e Recommendation Overview OIR Group’s 44 recommendations covered various topics, including: • Department leadership considerations • Policy changes or updates • Necessary training • Technology updates • Review and accountability mechanisms • Community engagement Of these, some were immediately actionable by Department personnel, such as adding new language to its crowd dispersal order, while others required longer-term considerations or actions by the Department, such as development and delivery of training. Still others required collaboration and feedback from external parties, such as other City agencies like Public Works or the City Attorney, or from the community at large. Audit Findings As noted above, the Department committed to implementation of all 44 recommendations. While the Department self-reported significant progress in its initial report to Council, our charge was to validate that progress through the review of related materials that supported completion of each item. To that end, we met with various “subject matter experts” from the Department who provided extensive information for our review. After reviewing this evidence, our review found that: • 29 of the recommendations have been completed by the Department • 15 of the recommendations are in progress The audited recommendations are listed below by category. OIR Group’s specific findings regarding each recommendation follow the summary table. Planning and Intelligence Recommendations Several of the recommendations were related to intelligence, planning, and communication lapses identified in the OIR Group report. To address many of these recommendations, the Department created a formal “Planning and Intelligence Cadre” within the Professional Services Division in October of 2020. The Cadre is considered 8.A.c Packet Pg. 55 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 3 | P a g e as collateral duty1 for 15 members, who schedule shifts to constantly monitor intelligence sources, such as social media, and create Incident Command plans for planned events.2 These recommendations and their status are summarized in the table below. 1 “Collateral duty” means an assignment that personnel take on or are assigned in addition to their regular duties. Because SMPD is a smaller agency, many officers take on one or more collateral duties. This is commendable but can also lead to burn-out as officers take on multiple roles and responsibilities. And we advise that the Department carefully consider assignments to roles that might conflict; for example, a member of the Planning and Intelligence Cadre is also a highly-trained member of SWAT. When he is assigned to Intelligence during an event, he does not respond to the field with his team. 2 The Department plans to reduce the size of this Cadre and place it under the direction of new command staff. The Department contends that a smaller size will allow for closer collaboration, better communication, and more specific responsibilities among Cadre members. 8.A.c Packet Pg. 56 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 4 | P a g e Rec # Recommendation Policy or Evidence Status 2 The Chief of Police should make clear to the Department and City leadership when they will be out of town and clearly designate an Acting Chief in her or his absence. 204.5 - Electronic Mail 701 - Personal Communication Devices Completed 3 SMPD should develop written protocols to ensure that an operations plan is developed in advance of all potential crowd control situations, establishing expectations for the depth and inclusion as well as a chain of command approval mechanism. 433.5 - Planned Event Preparation Ops Plans are prepared routinely now; length and detail are determined by the nature of the event Completed 4 SMPD should develop written protocols to ensure timely and thoughtful designation of an incident commander for special operations. 433.5.2 - Operational Plans. IC designation is part of new plans. Rank depends on nature of event, scope, etc. Completed 5 SMPD should ensure that critical personnel, including those tasked with intelligence gathering and other crucial functions, remain in the City prior to a major incident and are not sent out as part of a mutual aid response or otherwise assigned supplementary duties. Intelligence Cadre schedule in place to show who is responsible at each time of day. That person does not report out to field even if part of their regular duties. Completed 6 SMPD should establish a dedicated listserv with “read receipt” functionality for command to receive intelligence briefings in a formal and timely manner and confirm receipt of such information. Reviewed and discussed. Completed 26 SMPD should consider who from command-level staff will take on the role of Overall Field Incident Command if the Civil Unrest Annex is activated and train this/these personnel on the requirements and expectations of the plan. Reviewed ICS plans; overview from Intelligence/Planning Cadre Completed 8.A.c Packet Pg. 57 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 5 | P a g e 27 City leadership, in collaboration with Public Works, should consider determining guidelines for use of barriers in advance of civil unrest, both protective fencing on public and private property and for traffic control, that are practicable and effective. Reviewed plans from Public Works Completed 28 City leadership, in collaboration with Public Works, should consider establishing guidelines for use of heavy equipment to support defensive enforcement action. Reviewed plans from Public Works Completed 29 SMPD leadership should work with Area A partners to develop solutions to address the bureaucratic challenges exposed on May 31 and ensure an equitable distribution of National Guard assets in future situations involving civil unrest. Reviewed currently used ICS and Ops Plans showing advanced calls to Area A partners. Completed 30 SMPD should reach out to other law enforcement agencies who confronted violence and looting in the summer of 2020 and review after action reports from other jurisdictions to identify best practices that could be imported to Santa Monica in responses to future protest activity. Reviewed and discussed. Completed 33 The City and SMPD should continue to evaluate and refine the ways it communicates with the Santa Monica community following any significant event involving a police response, guided by principles of transparency, accuracy and objectivity. Crisis Communication Plan; Community Conversation; Coffee with a Cop series In Progress Recommendation 2 deals with communication for intelligence and planning. It requires that the Chief designate and communicate, via email, an Acting Chief. The Department provided an example of an email whereby such a designation was made. SMPD now has the appropriate policy and procedures in place. We consider this recommendation to be completed.3 As detailed in the table above, the majority of these Planning and Intelligence recommendations relate to essential aspects of incident planning and command. The 3 Of course, as with any changed protocol or policy, continued adherence to those written expectations rest with SMPD. 8.A.c Packet Pg. 58 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 6 | P a g e Department provided us with exemplar Operational Plans created and used for various recent events. These included plans for spontaneous events, such as the possibility of unrest after the Derek Chauvin verdict in April of 2021, and plans for pre-planned events, such as an anti-vaccination rally. The Department also provided a plan for a day when multiple events were scheduled to show how resources were assigned to different locations in the City (namely, a pro-Ukraine rally and a Human Rights rally in February of 2022). Finally, the Department provided a plan based on intelligence gathered by the Cadre from social media (posts related to possible looting in the City). We found these plans, and related written policies, to be responsive to the recommendations as follow: Recommendation 3 recommends written protocols to ensure that operations plans are developed. These protocols are now explicitly listed in the Department Policy 433.5, “Planned Event Preparation.” The Department reported and the sample plans exemplified that Operations Plans are now prepared routinely. These plans range in length and detail from formal FEMA Incident Command Structure (ICS) plans, which are extremely detailed and include external agencies, to “Event Action Plans” (EAPs) that cover SMPD-specific deployment, such as identification of an incident commander, a briefing, the mission/objectives, communication, location of Command Post, necessary equipment, and assigned personnel. We consider this recommendation to be completed. Recommendation 4 recommends written protocols to ensure designation of an incident commander. These protocols are now explicitly listed in Department Policy 433.5.2, “Operational Plans.” Here, the designation of “Incident Commander” is explicitly required. The Department shared that the rank of the assigned Incident Commander will vary depending on the nature and scope of event. We consider this recommendation to be completed. Recommendation 5 recommends that individuals tasked with intelligence gathering remain in the City. The Department shared their current Intelligence Cadre scheduling matrix, which assigns members to the Intelligence function on a rotating basis. The assigned personnel, regardless of his/her regular duties, does not report to the field. Anecdotally, a sergeant from the Cadre who also serves on the SWAT team shared a recent time when he was assigned to the Intelligence Cadre at a time when the SWAT team was called out; he did not deploy with his team but remained in the Intelligence function. We consider this recommendation to be completed. Recommendation 6 asked the Department to consider “read receipts” for all intelligence briefings. The Department reported that they did implement this functionality for several months. However, it created two challenges: first, a large 8.A.c Packet Pg. 59 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 7 | P a g e volume of “read receipt” emails were generated, clogging the inboxes of those who sent them; second, the relative importance of the intelligence briefing was diminished over time. The Department advised that as a result of these difficulties, it currently limits the “read receipt” functionality for intelligence briefings of high importance. OIR Group will continue to monitor this recommendation and how/when intelligence briefings are rated as “high importance.” We consider this recommendation to be completed. Recommendation 26 recommended that SMPD consider who would be assigned to Overall Field Command if the City’s Civil Unrest Annex is activated. The Department provided sample plans showing that specific command level staff were assigned to the Incident Commander role in advance, and that a back-up “on-call” commander was also defined if the Civil Unrest Annex were to be implemented. We consider this recommendation to be completed. Recommendation 27 was one of two recommendations (along with Recommendation 28, below) that directed to City leadership to address some of the Department’s challenges in collaborating with Public Works; Recommendation 27 specifically requested that the City, in collaboration with the Department, determine guidelines for use of barriers in advance of civil unrest, both protective fencing on public and private property and for traffic control, that are practicable and effective. Public Works reported that, for every City-wide event, the “Unified Command” (Office of Emergency Management, Public Works, Fire, and Police) collaborates to prepare an Event Action Plan in which each department details their responsibilities. We reviewed these documents outlining assignments of personnel and resources in advance of possible unrest associated with the trial of Derek Chauvin in Minneapolis and saw evidence of the type of planning and advance coordination needed to mitigate the type of harms experienced on May 31st. In the plans for these incidents, Public Works committed to providing K-rails for barricading, boarding up facilities, performing traffic control, and cleaning up after the events. We consider this recommendation to be completed. Recommendation 28 specifically recommended that the City, in collaboration with the Department, should consider establishing guidelines for use of heavy equipment to support defensive enforcement action. Here again we reviewed the Event Action Plans for four events. Public Works committed to providing fleet disposal vehicles (that may be used for barricading) and emergency activation vehicles from Public Works that may be used for barricading as a last resort. We consider this recommendation to be completed. Further, the Department’s response to Recommendations 27 and 28 acknowledged the need for greater collaboration to obtain resources and access to Public Works 8.A.c Packet Pg. 60 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 8 | P a g e equipment for use in incidents of civil unrest. This was evidenced in the collaborative nature of the Event Action Plans reviewed. Recommendation 29 recommended that leadership work with Area A partners to develop solutions to any bureaucratic challenges related to equitable resource deployment. The Department reported that these meetings have occurred, with more planned for the future. We reviewed the newest Area A Mutual Aid agreement and found it to be sufficient. The Department also showed currently used ICS and smaller- scale Ops Plans where Area A partners had been called in advance of operations so that mutual aid was “at the ready” in case of need. We consider this recommendation to be completed. Recommendation 30 recommended that the Department reach out to other law enforcement agencies to review After-Action Reports. The Department reported that it collected and reviewed the After-Action Reports from the New York, Los Angeles, and Chicago Police Departments and the Portland Police Bureau. We consider this recommendation to be completed. Recommendation 33 recommended that the Department work with the City to continue to evaluate and refine communication. The Department reported that this recommendation is in progress. While they have established a Crisis Communication Plan and re-engaged with community through sessions such as “Coffee with a Cop,” the Department acknowledged that there is more to do with regard to transparency. In an effort to increase transparency, the Department reported that it is actively seeking to make more information available to the public on their Department website. Like other agencies, SMPD would like to post real-time dashboards with data on calls for service, uses of force, complaints, OIR reports, and other categories of interest. We highly support this effort as it directly ties to Recommendation 33 and the increased need for transparency. We consider this recommendation to be in progress. Training Recommendations The training recommendations varied from Department-wide to command-level, and SMPD has responded by providing training to personnel, both that which is required by Peace Officers Standards and Training (POST) and developed in-house to respond to specific needs. These recommendations and their status are summarized in the table below. 8.A.c Packet Pg. 61 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 9 | P a g e Rec # Recommendation Policy or Evidence Status 13 SMPD should conduct regular and ongoing training on use of impact munitions in crowd situations so that all officers trained in the use of these munitions are advised of how to most effectively deploy them and have a clear understanding of Departmental expectations. Training documents & Attendance log Completed 16 Training for supervisors on unlawful assembly should emphasize the need to follow Department policy and reach out to event organizers or participants with the goal of gaining voluntary dispersal prior to issuing formal dispersal orders. Training documents & Attendance log Completed 19 SMPD should continue to impress upon its supervisors the need to follow all dispersal order protocols before any introduction of less lethal munitions. 433, First Amendment Assemblies Completed 21 SMPD should continue to provide command level staff with updated training on the ICS so that command staff is knowledgeable about its use and benefits. Training documents Completed 22 SMPD should ensure that all command staff personnel are well versed in contemporary crowd control responses, particularly in the First Amendment context. Training documents, list of organizations Completed 23 SMPD should continue to regularly train all officers in Mobile Field Force tactics, to include the newest techniques with live, hand-on scenario training and new laws related to First Amendment Assemblies and civil unrest. "SMPD Training Announcement," SMPD April 2021 Training Curriculum In Progress 24 SMPD should consider additional Department-wide trainings on topics such as use of de-escalation techniques and other tactics to reduce tension in civil unrest or other similar scenarios. Training documents & Attendance log In Progress 8.A.c Packet Pg. 62 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 10 | P a g e 25 City leadership (specifically, the Office of Emergency Management) should hold a City-wide training event with all relevant City agencies to review the Civil Unrest Annex so that all agencies are aware of their role and expectations during times of spontaneous civil unrest. In Progress 36 SMPD should complete the two Department-wide training items identified in the Internal Review Board memo related to uses of force on May 31: (1) review of body-worn camera policy and (2) review of the Department use of force reporting policy. "Training Bulletin: Body Worn Cameras" 425, Portable Audio/Video Recorders Completed 37 SMPD should develop and deliver on- going Department-wide training related to documenting and reporting use of force in civil unrest situations or other large-scale incidents, and incorporate body-worn camera procedures and use of force reporting into all department tactical training. Scribe position assigned and tested In Progress 38 SMPD should remind all officers – in daily briefings, a Department-wide training or a Training Bulletin, and specifically in briefings prior to any protest activity – of the requirement to activate their body- worn camera generally per policy and during crowd control incidents in specific. "Training Bulletin: Body Worn Camera" Completed 42 SMPD should review its systems for supporting officer wellness, including the availability of counselors and other professionals, and should consider ways to encourage officers to take advantage of those programs who may be struggling with the trauma of the events of May 31 and other events of the past year. Wellness presentation Completed Recommendation 13 recommends regular and ongoing training on the use of impact munitions in crowd situations. The Department responded by recruiting and training a new Mobile Field Force “cadre,” to join and supplement its Use of Force Cadre. These Cadres serve two functions. 8.A.c Packet Pg. 63 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 11 | P a g e • Deployment. These specialized units deploy to incidents and calls for service where their specific skill-sets are needed (for example, members of the Use of Force Cadre are trained and certified in use of certain less lethal munitions). • Train-the-trainer. Members regularly attend specialized instructor-level training sessions offered nationwide, such as the “Less Lethal and Chemical Agents” training from the National Tactical Officers Association (September 8, 2020) and a “Lessons Learned” presentation from a nationwide expert about the 2020 civil unrest (Winter 2021). Once certified as trainers, the officers train the Department personnel in-house. Using the “train-the-trainer” model, Department then delivers training to personnel at all levels related to use of less-lethal impact munitions in its on-going Advanced Officer Training detailed below (see Recommendations 23). We received and reviewed anticipated and current course outlines for these topics and found them to be aligned with current best-practices related to these topics. We consider this recommendation to be completed. We did identify one area of possible concern in a 2011 training outline from the National Tactical Officers Association, which discussed firing “skip rounds” into the crowd, noting that it is “difficult to control skip shots.” When asked, the SMPD Training Division responded that the Winter 2021 training did not advise use of any skip rounds. Further, SMPD Training Division reported that SMPD does not have any less-lethal munitions that are intended for use as “skip rounds” – commonly called “wood batons” or “foam” -- in their current less-lethal inventory nor do they train officers to skip fire any type of munition off of the ground. Recommendation 16 recommended that the Department train supervisors in the need for reach out to event organizers or participants in advance of dispersal orders. First, we saw this requirement in the “Crowd Management and Intervention Control Strategies” matrix, a training document related to Policy 433, “First Amendment Assemblies,” that lists the different actions to be taken, step by step, when managing a crowd event. (e.g., “use organizers and monitors to gain voluntary compliance” is one step in the matrix). We also saw this in practice: several of the example Operation Plans listed above (see Planning and Intelligence) had contact information for organizers and/or a designated “Liaison Officer” and Public Information Officer role. The Department also covered the topic in MFF training and in the Advanced Officer Training detailed later (see Recommendation 23, below). We consider this recommendation to be completed. Recommendation 19 recommended that the Department continue to train supervisors on the need to follow all dispersal order protocols prior to deployment of less lethal munitions. In addition to including this language explicitly in Policy 433, “First 8.A.c Packet Pg. 64 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 12 | P a g e Amendment Assemblies,” the Department also covered the topic in MFF training and in the Advanced Officer Training detailed later (see Recommendation 23, below). We consider this recommendation to be completed. Recommendation 21 recommended that the Department continue to provide command level staff with updated training on the ICS so that command staff is knowledgeable about its use and benefits. The Department reported that it directed all command level personnel, sergeants and above, to attend Incident Command training sessions offered in the Los Angeles area and taught by FEMA and the Los Angeles Police and Fire Departments. It also recommended that command staff become members in national organizations; the Department reported that command staff are members of organizations such as the California Police Officers’ Association (CPOA), the California Police Chiefs Association (CPCA), Peace Officers Research Association of California (PORAC), Police Executive Research Forum (PERF), The International Association of Chiefs of Police (IACP), the National Tactical Officers Association (NTOA). We consider this recommendation to be completed. Recommendation 22 recommended that the Department ensure that all command staff personnel are well versed in contemporary crowd control responses, particularly in the First Amendment context. Here again, the Department reported that all command staff attend the Incident Command training sessions regularly, where contemporary crowd management responses are trained and discussed. Membership in national organizations (see Recommendation 21, above) and participation in their respective conferences will further their training. We consider this recommendation to be completed. Recommendation 23 was the most directly relevant to the May 31st unrest and recommended delivery of Department-wide Mobile Field Force (MFF) training. This training was delivered in-person June of 2020 and April of 2021 to 126 officers.4 We reviewed the training deck and found the materials to be a refresher on basic MFF definitions, crowd management concepts, and formations. These are consistent with modern-day best-practices but are very basic, and further training is scheduled to expand on the concepts. The Department has also committed to providing on-going Mobile Field Force training to all personnel during its regular, two-year “Advanced Officer Training” cycle beginning in 2023. This commitment ensures that personnel will have continued and up-to-date training on a regular basis. We will review these training materials when they are available to ensure that they fully cover modern-day crowd management tactics. In 4 The Department provided attendance logs for these and all relevant training sessions so that we could confirm that the appropriate personnel had, in fact, received training. 8.A.c Packet Pg. 65 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 13 | P a g e particular, we recommend that the Department train on acceptable uses of force in the crowd control context; this was not explicitly trained in the June 2020 and April 2021 training sessions.5 While the general use of force policy applies to all situations, a refresher for use in crowd management is advisable. Because this training has not yet occurred, we deem Recommendation 23 to be in progress. Recommendation 24, which recommended Department-wide training on topics such as de-escalation, is also in progress. The Department plans to train on these topics in upcoming training cycles. Because this training has not yet occurred and we have not reviewed materials, we deem this recommendation to be in progress. Recommendation 25 recommended that City leadership conduct a City-wide training event on the Civil Unrest Annex. The Department reported that the Office of Emergency Management (OEM) held this training in October of 2020, but we did not receive information to review regarding this training. As such, we consider this recommendation to be in progress until we receive more information from City and OEM leadership. Recommendation 36 recommended completing two actions items that emerged from the Department’s own Internal Review Board of the May 31st incident: review of the body-worn camera policy and review of the use of force reporting policy. As we also stated in Recommendation 38, below, the Department issued a Department-wide Training Bulletin regarding the body-worn camera policy and the requirement to activate. We encourage the Department to frequently reference this Training Bulletin in shift briefings and especially in advance of any deployment to major incidents. We consider this recommendation to be completed. And, as we detail in Recommendation 37, below, the Department is currently training officers in the use of force reporting policy. The Department also updated its use of force policy, Policy 303, to require that all uses of force, including those that occur during civil unrest, be accurately reported before the end of an officer’s shift (see Training, Recommendations 34 and 35). As such, we consider this recommendation to be completed. Recommendation 37 recommended that the Department develop and deliver training on documenting uses of force in civil unrest. The Department reported that this recommendation is in progress. The Department reported that it assigned the role of “scribe” to two civilian personnel. In addition to documenting uses of force and counting expended munitions (e.g., canisters), the scribe also documents items of importance, 5 Recent changes in state law, have also placed limitations on the use of less lethal munitions in crowd control situations; SMPD should also be trained on the new state law requirements. 8.A.c Packet Pg. 66 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 14 | P a g e such as the time and location of dispersal orders and conversations by command staff and supervisors. The Department has successfully used scribes in all the recent deployments listed above. However, this new role has not been codified in any policy or procedure. We recommend that the Department formalize this role by including it in the relevant procedure (e.g., its “Use of Force” and/or its “First Amendment Assemblies” policies). We also recommend that the Department create and formalize a training program for this position to ensure that every assigned individual understands the role, purpose, and implementation of the scribe position. The Department also plans on training personnel to verbalize all force deployments on body-worn cameras when in crowd management incidents (see Recommendation 23 on Advanced Officer Training). Officers are trained to verbally identify their intended target, the subject’s actions that necessitate force, and the outcome.6 This direction, and the reminder to activate the body-worn camera, is also included in all new Operations Plans. We were not provided specific lesson plans that included this training. We look forward to reviewing these materials as they are developed by the Department. Because these are on-going developments with more work to be done, we consider this recommendation to be in progress. Recommendation 38 recommends regular and frequent reminders to activate body- worn cameras, especially before deployment to crowd management incidents, the Department issued a Department-wide Training Bulletin regarding the body-worn camera policy and the requirement to activate. We encourage the Department to frequently reference this Training Bulletin in shift briefings and especially in advance of any deployment to major incidents. The Department agrees, and informed us that it is including the body-worn camera reminder in its Operations Plans. We consider this recommendation to be completed. Recommendation 42 acknowledged the impact of the events of 2020 on officers’ wellbeing and recommended that the Department evaluate its systems for supporting officer wellness. The Department has had a Peer Support Program for over 20 years, supplemented and supported by psychologists and chaplains, to help personnel process trauma and other job-related stressors. Following May 31, 2020, and on its one-year anniversary, the Peer Support Team hosted “group stress debriefs” facilitated 6 For example, an officer might state, “the man in the red shirt with a black backpack is actively throwing rocks at the skirmish line. I am deploying one 40mm round. It struck the man on the torso and he fled.” 8.A.c Packet Pg. 67 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 15 | P a g e by licensed professionals. There has been a significant increase in the number of personnel utilizing services from both the Peer Team and licensed professionals since 2020, and the Peer Support Team membership itself has grown by 20% each year. These are positive and worthy responses to the trauma and stress of a difficult year, but the Department has also sought to take a more proactive approach that looks toward preventing harmful stress responses. In 2020, it created a new Wellness Team that pairs the Peer Support Program with a broader initiative to promote a “culture of wellness” that addresses emotional and mental health as an officer safety issue. We had the opportunity to meet with the Sergeant who leads the Wellness Team and were impressed by his approach to these issues and his passion for delivering his message to the rest of the Department. We consider this recommendation to be completed. Finally, while not tied to any particular recommendation, we also noted that the Department has implemented new technology to track and report on personnel training status. This technology ensures that officers comply with training requirements, including all in-house training such as Roll Call Briefings. It also allows the Department to accurately report out statistics related to training, as they did for our review. We commend the Training Sergeant for identifying the need for, and implementing, this technology. Policy Recommendations Seven recommendations related directly to changes and/or updates to Department policies. The Department reported, and we confirmed, that it has updated their current policies and drafted new language to align with the recommendations. We detail the updates and policy modifications as they pertain to each recommendation below this table. Rec # Recommendation Policy or Evidence Status 7 The Department should regularly review and update its Mass Booking Procedures policy to ensure that the listed contact information and location and availability of all itemized equipment is current and correct. 901.11, Training and Policy Section 901.12 Policy Review Completed 11 SMPD should revise its use of force policies to either specially define “riotous” or eliminate the terminology from its policies. 433, First Amendment Assemblies Completed 8.A.c Packet Pg. 68 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 16 | P a g e Rec # Recommendation Policy or Evidence Status 12 SMPD should amend its policy to provide further guidance regarding deployment of less lethal munitions, particularly to guard against injuries to the face and head. 303, Control Devices and Techniques Completed 17 In crafting dispersal orders to instruct crowds about the routes of egress from a protest, SMPD policy and training should require officers to consider conditions such as traffic and officer deployment to ensure the feasibility and safety of any direction provided about dispersal routes. 433, First Amendment Assemblies Completed 18 SMPD policy and training regarding dispersal orders should be revised to require personnel officers to include express warnings about the potential use of force should the order be defied. Dispersal order cards Completed 34 SMPD should develop and approve a use of force reporting policy/procedure requiring officers to document force used in civil unrest situations, or any circumstance where the subject of a use of force cannot be identified, and make clear that in crowd control situations, officers are expected to document all reportable force, including each deployment of less lethal munitions. 303, Use of Force Completed 35 SMPD should revise its force reporting policy to require that all documentation of use of force be completed prior to an officer completing her/his shift and entrust supervisors to enforcement of this policy. 303, Use of Force Completed Recommendation 7 recognized the new policy on Mass Booking Procedures, Policy 901, the Department created and implemented in the months after May 31, 2020 (and well before the OIR Group report). The written procedures are commendably detailed, including requirements like obtaining contact information and itemized lists of equipment, and our recommendation focused on the need regularly update the policy to account for changes. The Department asserts in its response that the policy will be reviewed every two years. The Department’s commitment to regular review, and assignment of the task to a particular officer responsible for police and procedures updates in the Personnel and Training Unit (within the Professional Standards Section), is sufficient to consider this recommendation to be completed. 8.A.c Packet Pg. 69 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 17 | P a g e Recommendation 11 recommended revising the use of force policy to either specifically define “riotous” or remove the word. We reviewed Policies 303 and 433, “Use of Force” and “First Amendment Assemblies,” and confirm that the Department removed the word “riotous” and replace it with “civil unrest.” We consider this recommendation to be completed. Recommendation 12 recommended providing further guidance on deployment of less lethal munitions. We reviewed Policy 303 and found that the Department updated the target areas that “shall be avoided” to include the spine and groin. We consider this recommendation to be completed. Recommendation 17 recommends that the Department update its Dispersal Order policy to include information about safe routes of egress. We reviewed Procedure 433.0.3, First Amendment Assemblies – Santa Monica Dispersal Order, and found that the new policy, and the related “Dispersal Order Card,” includes this language. We consider this recommendation to be completed. Recommendation 18 recommends that the Department update its Dispersal Order policy to include warnings about the possible use of and injury from less-lethal munitions. We reviewed Procedure 433.0.3, First Amendment Assemblies – Santa Monica Dispersal Order, and found that the new policy, and the related “Dispersal Order Card,” includes this language. We consider this recommendation to be completed. Recommendation 34 recommends development of a use of force reporting policy/procedure. The Department updated Procedure 303, Use of Force, to require that officers document and report all uses of force in all situations, including civil unrest. We consider this recommendation to be completed. Recommendation 35 recommends revising the reporting policy to require that all force reports must be completed before the officer’s end of shift. The Department updated Procedure 303, Use of Force, to require that officers document and report all uses of force before their end of shift. Further, supervisors are required to complete their reviews of force reports before the end of the work week. We discussed the related practical application of use of force reporting and tracking in Training, above. We consider this recommendation to be completed. Accountability, Audit and Oversight Recommendations Eight recommendations related to issues of accountability, on-going auditing, or oversight. These are summarized in the following table, and individually discussed below the table. 8.A.c Packet Pg. 70 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 18 | P a g e Rec # Recommendation Policy or Evidence Status 8 SMPD should develop a tracking mechanism, such as a log for less lethal munitions, specifically to track how many of which types of munitions are used and by whom. 303, Control Devices and Techniques In Progress 9 SMPD should examine the use of the flashbang device on May 31 through the lenses of accountability, advisability, and remediation. 303, Control Devices and Techniques Completed 10 SMPD should conduct a detailed analysis regarding whether the Pepperball deployments on May 31 were consistent with Department policy and expectations. Training Docs & Attendance log In Progress 39 SMPD should identify and consider appropriate remediation for those officers who failed to comply with the Department’s body-worn camera policy on May 31, 2020. IRB process under consideration Completed 40 SMPD should regularly audit body-worn camera use by officers to ensure that policy requirements and expectations are being met in the field regarding activation. 425.10, Review of Recordings In Progress 41 SMPD should conduct and document a meaningful administrative review of officers’ uses of force following civil unrest situations or other large-scale incidents and should consider “investigative referral” of specific uses of force that may be out of policy or require specific remedial action. IRB process under consideration In Progress 43 The City should request that SMPD prepare a response to this report indicating the degree to which it accepts each of the recommendations made and setting out a plan for implementation. Completed 44 The City should develop a plan for independent evaluation and public reporting on the status of SMPD’s implementation of the recommendations. OIR Group Interim Report Completed 8.A.c Packet Pg. 71 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 19 | P a g e Recommendation 8 recommended an on-going tracking mechanism for less lethal munitions. As we detailed above in both the Training and Policy sections, the Department reported that it now includes a scribe function in all crowd management deployments. One function of the scribe is to document uses of force. And, to the extent possible, the scribe will collect and count expended less-lethal cartridges. While this somewhat addresses the recommendation in practice (assuming it is used effectively), we found that the Department has not yet documented/defined the new role in policy or procedure. As a result of Assembly Bill 481, a state-wide law that requires all law enforcement agencies to publish a full account of their military weapons, the Department recently conducted a comprehensive inventory of current munitions and developed a new policy for reporting use and inventory annually that, per statute, requires City Council approval. The consideration by Council is pending. The Department also reported that it is developing a worksheet for officers to individually count munitions in their own inventory to better track what each officer carries into the field. Because these items are still in development, we consider this recommendation to be in progress. Recommendation 9 recommended that the use of the flashbang device on May 31st be reviewed. The Department reported that the officer who used the device was immediately counseled in the field; we observed this “counseling” on body-worn camera footage of the day. More importantly with an eye to the future, the Department updated Procedure 303 to prohibit the use of flashbangs (also known as noise-flash distraction devices, or NFDD) on persons in a crowd. While we would have preferred a more formal remediation for use of the device, as we detail in our discussion of Recommendation 41, below, we consider this recommendation to be completed. Recommendation 10 recommended that the Department conduct a detailed analysis of Pepperball deployments on May 31st. To date, we have not received any such analysis so consider this recommendation to be in progress. Recommendation 41 is also a work in progress. We recommended that the Department conduct a “meaningful administrative review” of all force used on May 31st. In our original report, we commented that the findings of the Internal Review Board (IRB) held by the Department after May 31st, were too broad and lacked accountability for officers’ specific actions. 8.A.c Packet Pg. 72 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 20 | P a g e The Department reported that upon receiving our recommendation, it conducted a secondary review of all available body-worn camera footage. After that review, the Department informally reported to OIR Group that it did not observe any incidents on May 31st that rose to the level of misconduct. To date, the Department has not provided any documentation of this secondary review to OIR Group but has committed to evaluating May 31st uses of force. But perhaps the more important aspect today is the Department’s commitment to its IRB process, a process that is designed to hold officers accountable for their actions, whether the “accountability” is formal discipline, directed training, or documented counseling. Department leadership reported that it is currently working to reform the IRB process. These updates will ensure that the Department has an adequate “feedback loop” to ensure that their recommended actions were taken and create a more robust review system. Because this is an on-going process, we consider these recommendations to be in progress. Recommendation 39 recommended “appropriate remediation” for officers who failed to activate their body-worn cameras. The Department reported that the remediation was training. And, as described in Recommendation 38 in Training, the Department completed this training Department-wide. While it would have been preferrable for the Department to direct training for the specific officers who failed to activate their body- worn cameras on May 31st, we consider this recommendation to be completed. Recommendation 40 recommended regular audits of body-worn cameras. The Department reported that, per its existing policy (425.10, “Review of Recordings”) supervisors are required to conduct monthly, random body-worn camera audits. Unfortunately, the Department does not currently have a system in place to verify that supervisors are conducting these audits on a regular basis. The Department was candid in its admission that it could do better on this score, while also asserting that supervisors are regularly viewing body-worn video in their review of force incidents or public complaints. New technology – an equipment upgrade of the body-worn camera itself to a new model and of Department technology systems that the Department’s technology officer demonstrated for OIR Group – will enhance the ability to audit and review body-worn camera footage. When the new systems are fully functioning, the Department will have a mechanism to easily and formally confirm that supervisors are performing regular audits in accordance with SMPD policy. We noted that the Department is ahead of other jurisdictions in technology enhancements, especially those related to body-worn 8.A.c Packet Pg. 73 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 21 | P a g e cameras. We consider this recommendation to be in progress and look forward to reviewing the Department’s new systems when they are in place. Recommendation 43 recommended that SMPD prepare a response to our May 31st Report, indicate the degree to which it accepted each of the recommendations made, and set out a plan for implementation. This recommendation was completed by creation and presentation of the Information Item delivered in July 2021 and by collaborating on this public report. We consider this recommendation to be completed. Recommendation 44 recommended that the City develop a plan for independent evaluation and public reporting on the status of SMPD’s implementation of the recommendations. That has been fulfilled by this document – a useful starting point for our work on this report, and for our ongoing validation efforts. We consider this recommendation to be completed. Community Engagement Recommendations Four of the recommendations required that the Department seek community input regarding decisions on use of tear gas, declaration of an unlawful assembly, use of curfews, and communication. Department leadership reported that it is actively seeking a Project Manager to manage the community engagement aspect of these recommendations so that the community is given an opportunity to collaborate and provide insight. Rec # Recommendation Policy or Evidence Status 14 SMPD should engage with its community and City leaders to determine whether and to what degree gas and other less lethal munitions should be used in the First Amendment activity context. In Progress 15 After having the above discourse, SMPD should revise its use of force policy related to deployment of tear gas and less lethal impact munitions in crowd control situations to specify the circumstances, if any, under which they may be used. 303, Control Devices and Techniques In Progress 8.A.c Packet Pg. 74 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 22 | P a g e 20 SMPD and the City should engage with the community as it considers the circumstances required for a public protest to be declared an unlawful assembly. The resulting guidelines should be publicized in a way that provides City residents and stakeholders a clear understanding of under what circumstances the SMPD will declare an unlawful assembly. In Progress 32 The City should engage with its community in developing guidelines on whether and how curfews should be deployed, particularly when adjacent to First Amendment protected activity. In Progress Recommendation 14 recommended that the Department engage with its community and City leaders to determine whether and to what degree gas and other less lethal munitions should be used in the First Amendment activity context. The Department reported that it is currently working to retain a community engagement specialist/facilitator who will manage this community outreach/conversation process. We consider this recommendation to be in progress. Recommendation 15 recommended that, after completing the community engagement listed in Recommendation 14, the Department should revise its use of force policy to incorporate the community’s feedback, specifically as it relates to deployment of tear gas and less lethal impact munitions in crowd control situations; we note that the Department has already made some revisions to the related policies (see Recommendations 11, 12, 17, and 18), but the community outreach piece has not yet occurred. The Department expressed its commitment to further revisions and, again, is in the process of retaining a facilitator to manage the outreach process. We consider this recommendation to be in progress. Recommendation 20 recommended that the Department and the City should engage with the community as it considers the circumstances required for a public protest to be declared an unlawful assembly and publicize the resulting guidelines in a way that provides City residents and stakeholders a clear understanding of under what circumstances the SMPD will declare an unlawful assembly. The Department expressed its commitment to creating these guidelines in collaboration with the City Attorney’s Office, PSROC, and the community. The Department reported that, here, too, it will use the facilitator to manage the community outreach process, which is the first step to this recommendation. We consider this recommendation to be in progress. 8.A.c Packet Pg. 75 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 23 | P a g e Recommendation 32 recommended that the Department engage with its community in developing guidelines on whether and how curfews should be deployed, particularly when adjacent to First Amendment protected activity. The Department reported that the City Attorney’s Office is also participating in completion of this recommendation by conducting outreach and legal research on the topic of curfews. Here again, the Department plans on using their community outreach facilitator, when hired, to help complete this recommendation. We consider this recommendation to be in progress until we receive more information from the City Attorney’s Office and the Department. While community engagement specifically applies to these four listed recommendations, the Department may choose to elicit community input on other items as well. Next Steps We appreciate the progress that SMPD has made in implementing the 44 recommendations and look forward to receiving additional information regarding implementation of the outstanding recommendations as it becomes available. 8.A.c Packet Pg. 76 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 8.A.c Packet Pg. 77 Attachment: Attachment C: Santa Monica PD OIR Group Recommendation After Action Status Final (5495 : PSROC Reports) 1 Vernice Hankins From:Darlene <de.mlkwc@gmail.com> Sent:Tuesday, November 15, 2022 12:38 AM To:councilmtgitems Subject:Comment on Agenda Item 13A EXTERNAL Dear Councilmembers, I applaud the work of the PSROC contained in their reports, and request council to review and approve the Recommendations contained in their reports. Darlene Evans Item 13.A 11/15/22 1 of 2 Item 13.A 11/15/22 8.A.d Packet Pg. 78 Attachment: Written Comment (5495 : PSROC Reports) 1 Vernice Hankins From:Natalya Zernitskaya <nzernitskaya@gmail.com> Sent:Tuesday, November 15, 2022 3:15 PM To:councilmtgitems Cc:Sue Himmelrich; Christine Parra; Oscar de la Torre; Gleam Davis; Kristin McCowan; Phil Brock; Lana Negrete; David White; Attorney Mailbox Subject:City Council Meeting 11/15/2022- Agenda Item 13A Public Comments EXTERNAL Good Afternoon Mayor Himmelrich, Mayor Pro Tem McCowan, and City Councilmembers, I am grateful for the Council's approval to form the City's Public Safety Reform and Oversight Commission and look forward to your continued support of independent civilian oversight to strengthen our civilian community's relationships with our public safety organizations and officers. I urge you to continue supporting the work of the PSROC by thoughtfully reviewing their report and taking the necessary action to adopt the commission's recommendations as laid out in Attachment A to the agenda item including the following: "1. Eliminate officer discretion in the use of body cams when witnesses who are victims to a crime are involved. 2. Implement all proposed reforms proposed in the Inspector General’s report on complaints and processes. 3. Require all complaint investigations to be processed, investigated, and brought to completion within 90 days. 4. Require all SMPD officer misconduct be investigated fully irrespective of how the misconduct is discovered. 5. Implement all recommendations in the OIR Group’s After Action Report concerning the events of May 2020." Thank you for your continued focus on this incredibly important topic. Best Regards, Natalya Natalya Zernitskaya (she/her) nzernitskaya@gmail.com Item 13.A 11/15/22 2 of 2 Item 13.A 11/15/22 8.A.d Packet Pg. 79 Attachment: Written Comment (5495 : PSROC Reports)