Working Group Recommendations

Police reform working groups have been tasked with making recommendations to the City Commission about changes in police policy and practice. After the working group votes to approve the recommendation, the City Commission has 30 days to consider the recommendation and provide a written response. The Commission can accept the recommendation, deny it, or ask for further information. Once the Commission has accepted a recommendation, they direct the City Manager, Dayton Police Department, or other relevant entity to move forward with implementation.

This page tracks the recommendations that have come forward to the Commission so far, what action the Commission has taken on the recommendation, and where the recommendation is in the implementation process if it was accepted. The recommendation memos are linked to at the very bottom of the page.

Each recommendation is laid out in the table below with the working group that recommended it, the date it was submitted and the Commission’s action. As recommendations are implemented, the “Current Status” column will be updated to report the latest status.

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Oversight Recommendations

Recommendation 1

  • Recommendation: Offer an ‘ethics line’ for individuals to call and make anonymous complaints. Our website could indicate that our policy says that anonymous complaints are accepted and investigated to the fullest extent.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Law Department to continue the current process through the Law Department using the policecomplaints@daytonohio.gov email address. Collateral will be updated to reflect this option.
  • Memo to Commission
  • Response from Commission

Recommendation 2

  • Recommendation: Provide the opportunity to submit complaints in paper, electronic, and telephonic form.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to make sure the current complaint form will be available to residents in hard copy, a fillable PDF form, and for assisted completion over the phone.
  • Memo to Commission
  • Response from Commission

Recommendation 3

  • Recommendation: Conduct an education and outreach program to ensure members of the public know about the complaint process. Social media is a cost-effective outlet to get information out to citizens. We could place posters in neighborhoods and gathering places, like recreation centers. We could have de facto partnerships in the community to relay information through brochures and flyers: these would include Gem City Market, religious institutions, libraries, Dayton Urban Young Life, NAACP, Daybreak, the local health care system, neighborhood organizations, and others. The courts could include instructions on filing complaints as a part of the regular resource sheets they provide people, perhaps during arraignment. We could distribute information about how to submit a complaint in a variety of ways to make sure that the people who need to make a complaint are able to.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission will work with the City Manager and the Dayton Police Department to disseminate information to partner agencies and citizens as updates and changes are made to the complaint process. This should be done through digital as well as traditional means after the structural changes are completed.
  • Memo to Commission
  • Response from Commission

Recommendation 4

  • Recommendation: Provide access to the complaint process to accommodate individuals with disabilities, for example, a text-to-voice capability on the website.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager’s Office to work with involved departments to determine if modules such as voice-to-text can be utilized for completing the complaint form.
  • Memo to Commission
  • Response from Commission

Recommendation 5

  • Recommendation: Expand the distribution of and access to data about the complaint process in a number of ways. Some possibilities include: We could follow the example of the City of Chicago, which publishes data on their complaint process. They maintain confidentiality by publishing in “ranges” rather than exact numbers. We could mandate that information be shared about the process at the first contact with the complainant. Such information might include a description of the process and a timeline for investigating the complaint. We could establish reporting standards (such as quarterly and annual reports of the number of cases, disposition, and number and disposition of appeals). We could utilize software to automatically send updates and store information in an investigation. Most databases also track and create reports/data that might be helpful moving forward.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with Public Affairs and the Dayton Police Department to create a landing page for information regarding complaints.
  • Memo to Commission
  • Response from Commission

Recommendation 6

  • Recommendation: Establish a goal for issuing a cause finding. This goal would be subject to change due to the circumstances of the complaint. For example, the Human Relations Council (HRC) has a 100-day goal to investigate and get a probable cause/no probable cause finding in our civil rights investigations. The timeline may need to take into consideration the ongoing criminal investigation and/or the complexity or type of the complaint.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to add a goal to its departmental objectives for complaint resolution. These metrics should be included in the yearly departmental objectives as well as the complaint web page.
  • Memo to Commission
  • Response from Commission

Recommendation 7

  • Recommendation: Mandate that investigators send routine status updates to the parties, as possible, including at key milestones. There is also software that could be used to automatically send updates.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager’s Office to work with the Dayton Police Department to identify available software programs, or add-ons to existing programs, that generate complaint identifiers, send automatic updates, provide language options, and is remotely accessible.
  • Memo to Commission
  • Response from Commission

Recommendation 8

  • Recommendation: The city provide complainants with easy access to a status report on their complaint, maybe through issuing them a case number.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager’s Office to work with the Dayton Police Department to identify available software programs, or add-ons to existing programs, that generate complaint identifiers, send automatic updates, provide language options, and is remotely accessible.
  • Memo to Commission
  • Response from Commission

Recommendation 9

  • Recommendation: Retain records of some investigations longer than the currently mandated 4 years. All PSB investigations into police conduct will be retained for 4 years if the disposition of the investigation is Not Sustained, Exonerated or Unfounded. All PSB investigations into police conduct involving use of force violations will be retained for 10 years if the disposition of the investigation is Sustained.
  • Date Submitted: 10/6/2020
  • Commission Response: Requested additional time
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission Requests an additional 90 days regarding the recommendation related to the retention of sustained PSB investigations of use of force for 10 years. The Commission requests this extension to ensure that recommendations coming from the Recruitment, Promotions, and Discipline group align with this policy change.
  • Memo to Commission
  • Response from Commission

Recommendation 10

  • Recommendation: Publish online and in print the procedures that we will follow for every investigation, so complainants can follow the process.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with Public Affairs and the Dayton Police Department to create a landing page for information regarding complaints.
  • Memo to Commission
  • Response from Commission

Recommendation 11

  • Recommendation: Design a complaint submission system that makes it easy to evaluate the performance of the complaint process through metrics.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to add a goal to its departmental objectives for complaint resolution. These metrics should be included in the yearly departmental objectives as well as the complaint web page.
  • Memo to Commission
  • Response from Commission

Recommendation 12

  • Recommendation: Provide a complaint submission system that provides access in multiple language formats and that is user-friendly and easy to use for people of all backgrounds.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to review the current contract with Vocalink to ensure that adequate resources exist for both written and oral translation services
  • Memo to Commission
  • Response from Commission

Recommendation 13

  • Recommendation: Establish a single point of contact for incoming complainants to ensure the complaint is collected, status updates are communicated, and assistance is provided as needed throughout the process, and to ensure complainants do not have to contact several people to file a complaint or check for status updates. This point of contact would utilize a single unified data system. This point of contact will respond to complaint inquiries as soon as practicably possible, given regular working constraints.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission Accepts that there should be a secondary location outside of the Dayton Police Department for citizens who wish to file a complaint. Within this location, there should be a single staff person who is knowledgeable about the complaint process and can lead a citizen through the process from beginning to end, including assistance with filing the complaint, status of the complaint, and understanding the result. The City Commission recognizes the reasoning behind the recommendation that the location be the Human Relations Council. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 14

  • Recommendation: Name the Human Relations Council (HRC) as the third party organization (not police or City Manager’s office), and require them to appoint someone as the single point of contact to gather complaints, and to provide complainants with status reports on existing cases. This single point of contact must be knowledgeable with potential types of complaints and the complaint process, ready to address issues with complaints, and skilled in personal interactions.
  • Date Submitted: 10/6/2020
  • Commission Response: Requested additional time
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission Accepts that there should be a secondary location outside of the Dayton Police Department for citizens who wish to file a complaint. Within this location, there should be a single staff person who is knowledgeable about the complaint process and can lead a citizen through the process from beginning to end, including assistance with filing the complaint, status of the complaint, and understanding the result. The City Commission recognizes the reasoning behind the recommendation that the location be the Human Relations Council. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 15

  • Recommendation: The Dayton Mediation Center will work with the complaint intake authority and police to set up a process to be assigned and mediate appropriate complaints.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Mediation Center and the intake authority to determine how this service will be provided.
  • Memo to Commission
  • Response from Commission

Recommendation 16

  • Recommendation: Convene local agencies and organizations who might receive complaints, and ask them all to use a standard process to submit the complaints. Complaints would all be funneled into one intake app and database, to make the process easier to track and to evaluate. The multi-agency Homeless Solutions Policy Board intake process application is an example of this.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission Accepts the recommendation that local agencies and organizations who serve individuals who may need assistance in the Complaint process should be trained to utilize a standardized process. The City Commission will work with the City Manager and the Dayton Police Department and the intake authority to develop a process for this training after the structural changes are made to the process.
  • Memo to Commission
  • Response from Commission

Recommendation 17

  • Recommendation: Utilize Dayton Delivers or a similar app as a “one-stop-shop” for information and complaint intake, and train employees and partner organizations to perform data entry into the app. This app would feed data into the new single database of complaint information.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: -
  • Current Status / Explanation: The City Commission directs the City Manager to work with Public Affairs and the Dayton Police Department to assess whether or not the Dayton Delivers app could be utilized for this purpose.
  • Memo to Commission
  • Response from Commission

Recommendation 18

  • Recommendation: The City should hire an Independent Accountability Auditor. They will function not as a member of the Police Department and will not work for the City Administration. The Auditor reports to the City Commission and has complete independence to choose which cases to audit.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission Accepts the recommendation to hire an Independent Accountability Auditor with autonomy. The City Commission Directs the City Manager to create an Independent Accountability Auditor position in the City of Dayton and identify an individual with the experience needed to fulfill the responsibilities of the position that is trusted by the community. The City Commission recognizes the reasoning behind the recommendation that the Independent Accountability Auditor reports to the City Commission. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 19

  • Recommendation: The Independent Accountability Auditor will have the experience needed to fulfill the responsibilities of the position and will be a person who is trusted by the community.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission Accepts the recommendation to hire an Independent Accountability Auditor with autonomy. The City Commission Directs the City Manager to create an Independent Accountability Auditor position in the City of Dayton and identify an individual with the experience needed to fulfill the responsibilities of the position that is trusted by the community.
  • Memo to Commission
  • Response from Commission

Recommendation 20

  • Recommendation: Regarding the recommended process for the Independent Accountability Auditor and related complaint investigations, a complaint will be received and entered into our new unified complaint intake and tracking system, as represented in the Oversight Working Groups’ first set of recommendations on October 7, 2020.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the necessary departments to outline policy guidance for the Independent Accountability Auditor. This policy will include the following areas: Once the unified complaint intake and tracking system in implemented, the Independent Accountability Auditor will enter the information into the system.; The Independent Accountability Auditor will be able to review and audit the DPD’s complaint routing process and can recommend to DPD revisiting the routing decision.; The Independent Accountability Auditor will have access to the investigation while in-process through observation of interviews and review of reports, forms, or other paperwork related to the investigation.; The Independent Accountability Auditor can make recommendations to the Professional Standards Bureau and has authority to immediately intervene through a designated official at the Professional Standards Bureau. Unresolved concerns can be elevated to the Independent Accountability Auditor’s senior leader.; The Independent Accountability Auditor provides oversight, but is not directly involved in an investigation and does not have organizational authority over Professional Standards Bureau personnel. Should a complaint escalate into a criminal investigation, the Independent Accountability Auditor will no longer be able to participate or provide oversight to the investigation.; Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor the final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complaints to ensure that they have all the information needed to file an appeal within the 30-day window.
  • Memo to Commission
  • Response from Commission

Recommendation 21

  • Recommendation: The Independent Accountability Auditor can review and audit the DPD’s complaint routing process and decisions.
  • Date Submitted: 1/27/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the necessary departments to outline policy guidance for the Independent Accountability Auditor. This policy will include the following areas: Once the unified complaint intake and tracking system in implemented, the Independent Accountability Auditor will enter the information into the system.; The Independent Accountability Auditor will be able to review and audit the DPD’s complaint routing process and can recommend to DPD revisiting the routing decision.; The Independent Accountability Auditor will have access to the investigation while in-process through observation of interviews and review of reports, forms, or other paperwork related to the investigation.; The Independent Accountability Auditor can make recommendations to the Professional Standards Bureau and has authority to immediately intervene through a designated official at the Professional Standards Bureau. Unresolved concerns can be elevated to the Independent Accountability Auditor’s senior leader.; The Independent Accountability Auditor provides oversight, but is not directly involved in an investigation and does not have organizational authority over Professional Standards Bureau personnel. Should a complaint escalate into a criminal investigation, the Independent Accountability Auditor will no longer be able to participate or provide oversight to the investigation.; Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor the final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complaints to ensure that they have all the information needed to file an appeal within the 30-day window.
  • Memo to Commission
  • Response from Commission

Recommendation 22

  • Recommendation: The Independent Accountability Auditor can recommend revisiting the routing decision, to change the level of routing investigation from supervisor to PSB or vice-versa.
  • Date Submitted: 1/27/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the necessary departments to outline policy guidance for the Independent Accountability Auditor. This policy will include the following areas: Once the unified complaint intake and tracking system in implemented, the Independent Accountability Auditor will enter the information into the system.; The Independent Accountability Auditor will be able to review and audit the DPD’s complaint routing process and can recommend to DPD revisiting the routing decision.; The Independent Accountability Auditor will have access to the investigation while in-process through observation of interviews and review of reports, forms, or other paperwork related to the investigation.; The Independent Accountability Auditor can make recommendations to the Professional Standards Bureau and has authority to immediately intervene through a designated official at the Professional Standards Bureau. Unresolved concerns can be elevated to the Independent Accountability Auditor’s senior leader.; The Independent Accountability Auditor provides oversight, but is not directly involved in an investigation and does not have organizational authority over Professional Standards Bureau personnel. Should a complaint escalate into a criminal investigation, the Independent Accountability Auditor will no longer be able to participate or provide oversight to the investigation.; Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor the final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complaints to ensure that they have all the information needed to file an appeal within the 30-day window.
  • Memo to Commission
  • Response from Commission

Recommendation 23

  • Recommendation: As the Investigation proceeds, the Independent Accountability Auditor has the authority to observe any complaint investigation at either level, can sit in on interviews, can see reports, forms, and other paperwork related to the investigation, and if a key witness has not been interviewed by police, they can recommend police interview that witness with the Auditor present. The Auditor has the authority to immediately act to address any deficiencies they detect by notifying the designated official at the PSB of their concerns.  If their concerns aren’t answered, the IAA will elevate their concerns to the person the IAA reports to in senior leadership for resolution.
  • Date Submitted: 1/27/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the necessary departments to outline policy guidance for the Independent Accountability Auditor. This policy will include the following areas: Once the unified complaint intake and tracking system in implemented, the Independent Accountability Auditor will enter the information into the system.; The Independent Accountability Auditor will be able to review and audit the DPD’s complaint routing process and can recommend to DPD revisiting the routing decision.; The Independent Accountability Auditor will have access to the investigation while in-process through observation of interviews and review of reports, forms, or other paperwork related to the investigation.; The Independent Accountability Auditor can make recommendations to the Professional Standards Bureau and has authority to immediately intervene through a designated official at the Professional Standards Bureau. Unresolved concerns can be elevated to the Independent Accountability Auditor’s senior leader.; The Independent Accountability Auditor provides oversight, but is not directly involved in an investigation and does not have organizational authority over Professional Standards Bureau personnel. Should a complaint escalate into a criminal investigation, the Independent Accountability Auditor will no longer be able to participate or provide oversight to the investigation.; Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor the final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complaints to ensure that they have all the information needed to file an appeal within the 30-day window.
  • Memo to Commission
  • Response from Commission

Recommendation 24

  • Recommendation: Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor their final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complainants to ensure that they have all documentation needed to file an appeal in the new appeals process within the 30-day window.
  • Date Submitted: 1/27/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the necessary departments to outline policy guidance for the Independent Accountability Auditor. This policy will include the following areas: Once the unified complaint intake and tracking system in implemented, the Independent Accountability Auditor will enter the information into the system.; The Independent Accountability Auditor will be able to review and audit the DPD’s complaint routing process and can recommend to DPD revisiting the routing decision.; The Independent Accountability Auditor will have access to the investigation while in-process through observation of interviews and review of reports, forms, or other paperwork related to the investigation.; The Independent Accountability Auditor can make recommendations to the Professional Standards Bureau and has authority to immediately intervene through a designated official at the Professional Standards Bureau. Unresolved concerns can be elevated to the Independent Accountability Auditor’s senior leader.; The Independent Accountability Auditor provides oversight, but is not directly involved in an investigation and does not have organizational authority over Professional Standards Bureau personnel. Should a complaint escalate into a criminal investigation, the Independent Accountability Auditor will no longer be able to participate or provide oversight to the investigation.; Once the investigation has been completed, DPD will make available to the Independent Accountability Auditor the final evaluation or report. The Independent Accountability Auditor will audit the speed of the responses to complaints to ensure that they have all the information needed to file an appeal within the 30-day window.
  • Memo to Commission
  • Response from Commission

Recommendation 25

  • Recommendation: The Independent Accountability Auditor submits the report to the complainant, City Commission, and other interested parties as soon as possible to ensure that the complainant, if they wish, can file an appeal in the new appeals process within the 30-day window.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: -
  • Memo to Commission
  • Response from Commission

Recommendation 26

  • Recommendation: The Independent Accountability Auditor will also have the authority to observe and review non-complaint investigations, the cases that originate within the police department.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The Independent Accountability Auditor will have the ability to observe and review both internally generated investigations as well as those initiated by a citizen. They will be charged with looking for patterns of misconduct or other areas for improvement. An audit report will be presented to the City Commission during a regular City Commission Meeting on the first Wednesday of both March and September. The report will contain a number of data points including but not limited to: the overall number of cases further identified as internally and externally generated, the number of cases audited, and the outcome of those cases. It is the goal of the Independent Accountability Auditor to review a variety of cases to ensure quality in all types of investigations and allow for the detection of patterns. This can be revisited by the City Commission at any time. The Independent Accountability Auditor will sit on the Policy Review Committee. The process for elevating these complaints will depend on the final location of the Independent Accountability Auditor function. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 27

  • Recommendation: The Independent Accountability Auditor will watch closely for patterns of misconduct or other opportunities for improvement and will alert the Clerk of Commission of these in writing, along with recommendations for policy or process changes to alleviate them.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The Independent Accountability Auditor will have the ability to observe and review both internally generated investigations as well as those initiated by a citizen. They will be charged with looking for patterns of misconduct or other areas for improvement. An audit report will be presented to the City Commission during a regular City Commission Meeting on the first Wednesday of both March and September. The report will contain a number of data points including but not limited to: the overall number of cases further identified as internally and externally generated, the number of cases audited, and the outcome of those cases. It is the goal of the Independent Accountability Auditor to review a variety of cases to ensure quality in all types of investigations and allow for the detection of patterns. This can be revisited by the City Commission at any time. The Independent Accountability Auditor will sit on the Policy Review Committee. The process for elevating these complaints will depend on the final location of the Independent Accountability Auditor function. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 28

  • Recommendation: The Independent Accountability Auditor will submit a report to the Clerk of Commission each September 1st and March 1st detailing the overall number of cases, how many cases originated from citizen complaints and how many came from inside the police department, the number of cases that they have audited, and what the outcomes of those cases were. These reports will be presented at regular City Commission meetings.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The Independent Accountability Auditor will have the ability to observe and review both internally generated investigations as well as those initiated by a citizen. They will be charged with looking for patterns of misconduct or other areas for improvement. An audit report will be presented to the City Commission during a regular City Commission Meeting on the first Wednesday of both March and September. The report will contain a number of data points including but not limited to: the overall number of cases further identified as internally and externally generated, the number of cases audited, and the outcome of those cases. It is the goal of the Independent Accountability Auditor to review a variety of cases to ensure quality in all types of investigations and allow for the detection of patterns. This can be revisited by the City Commission at any time. The Independent Accountability Auditor will sit on the Policy Review Committee. The process for elevating these complaints will depend on the final location of the Independent Accountability Auditor function. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 29

  • Recommendation: The Independent Accountability Auditor will be requested to audit a variety of types of cases in order to ensure quality investigations across the board and to detect patterns and will inform City Commission of any findings. The mix of types of cases that the Independent Accountability Auditor may be required to audit will be reviewed and potentially modified annually by City Commission.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The Independent Accountability Auditor will have the ability to observe and review both internally generated investigations as well as those initiated by a citizen. They will be charged with looking for patterns of misconduct or other areas for improvement. An audit report will be presented to the City Commission during a regular City Commission Meeting on the first Wednesday of both March and September. The report will contain a number of data points including but not limited to: the overall number of cases further identified as internally and externally generated, the number of cases audited, and the outcome of those cases. It is the goal of the Independent Accountability Auditor to review a variety of cases to ensure quality in all types of investigations and allow for the detection of patterns. This can be revisited by the City Commission at any time. The Independent Accountability Auditor will sit on the Policy Review Committee. The process for elevating these complaints will depend on the final location of the Independent Accountability Auditor function. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 30

  • Recommendation: The Independent Accountability Auditor will sit on the Policy Review Committee.
  • Date Submitted: 12/11/2020
  • Commission Response: Accepted
  • Commission Response Date: 3/8/2021
  • Current Status / Explanation: The Independent Accountability Auditor will have the ability to observe and review both internally generated investigations as well as those initiated by a citizen. They will be charged with looking for patterns of misconduct or other areas for improvement. An audit report will be presented to the City Commission during a regular City Commission Meeting on the first Wednesday of both March and September. The report will contain a number of data points including but not limited to: the overall number of cases further identified as internally and externally generated, the number of cases audited, and the outcome of those cases. It is the goal of the Independent Accountability Auditor to review a variety of cases to ensure quality in all types of investigations and allow for the detection of patterns. This can be revisited by the City Commission at any time. The Independent Accountability Auditor will sit on the Policy Review Committee. The process for elevating these complaints will depend on the final location of the Independent Accountability Auditor function. As all reform committee recommendations are submitted and implemented, we will work with the City Manager’s office to finalize the location of such services in an appropriate location, to ensure staffing levels are available. The City Commission will report back to the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 31

  • Recommendation: Regarding the Pre-Appeal Process for the Community Appeals Board, the appeal should be filed within 30 days from the date of the PSB Findings letter, unless CAB makes an exception for a reasonable cause.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 32

  • Recommendation: Regarding the Pre-Appeal Process for the Community Appeals Board, the Findings letter from PSB to the Complainant should include detail as to the specific sections of code or policy that PSB considered in their decision-making process.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 33

  • Recommendation: Change the makeup of the Citizens Appeals board from 5 members to 7 members. There will be public comment, or another reasonable form of community input arranged for these appointments. The board shall be called the Community Appeals Board. One member shall be an attorney. One member shall be a former City of Dayton police officer with at least 10 years of experience. One member shall be a member of an organization dedicated to promoting minority rights and well-being. One member shall be a member of an organization dedicated to promoting immigrant rights and well-being. Three members shall be selected at large. Remove from the ordinance the prohibition against individuals with criminal convictions. There will be five ex-officio non-voting members (rather than three): City Manager or designee from CMO; Chief of Police or designee from DPD/PSB; Independent Accountability Auditor (“IAA”); Civil Service Representative; Executive Director of the Human Relations Council. The Community Appeals Board will be housed within the Human Relations Council and provided staff/funding to carry out its operations. The application to serve on the CAB will be made available online or through a paper form.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 34

  • Recommendation: The voting members of the CAB will serve for three-year terms. Terms will be staggered to ensure we do not lose institutional knowledge.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 35

  • Recommendation: The Community Appeals Board will meet once per month at a regularly scheduled date and time. Emergency meetings, training meetings, and working/strategy sessions may be called by the Chair or a majority of voting members whenever needed. Professional Standards Bureau will brief the Community Appeals Board on a quarterly basis, and cover the topics specified in the ordinance, including the nature and types of cases and the dispositions of complaints, and respond to other CAB requests for information. Monthly CAB meetings and the quarterly briefings by Professional Standards Bureau at those meetings should be open to the public and audio recorded. If the Board has no appeals in a month, they may use their meeting time to conduct training or review policies, procedures, and recommendations.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 36

  • Recommendation: The Community Appeals Board will add a 4th function to its operations, the ability to request the IAA to review cases that CAB identifies as in need of audit. Its current three duties are: 1. To hear monthly appeals; 2. To hear quarterly DPD/PSB briefings; and 3. To review policies, procedures, and make recommendations to the City Commission, City Manager, and Chief of Police.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 37

  • Recommendation: The Community Appeals Board must be provided funding for a Legal Advisor. Funding will be provided for the Community Appeals Board to be provided an attorney for each appeal. The Legal Advisor will work with Community Appeals Board members to draft the final report and recommendations. The report must be submitted to the City Manager, City Commission, Chief of Police, Independent Accountability Auditor, Civil Service Representative, HRC, and Policy Review Committee.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 38

  • Recommendation: The Appeal Process will give Complainants the automatic right to come before the Board if sufficient information is provided in the appeal form, and will enact the following process changes: The appeal form should be submitted within 30 days from the date on DPD/PSB’s letter of findings; however, the Board may make reasonable exceptions. After receiving the appeal, the CAB Chairman, with the assistance of staff, will confirm the matter is appealable, and begin the process. CAB may request that the IAA review the complaint and initial investigation. The IAA will conduct a review of the case file and take all necessary steps in accordance with the IAA’s established policies, processes, and procedures. When an appealable matter is filed, and information is sufficient, the Complainant will be notified of the date of the hearing and invited to present testimony under oath. After filing an appeal and being notified of their hearing date, the Complainant will be offered the opportunity to work with a staffer at the Dayton Mediation Center to prepare for the hearing. The cost will be borne by the City. The Complainant will be notified of their right to bring an advocate or support person of their choice to the hearing. The Complainant will be notified that the CAB will provide an interpreter, if needed. The officer(s) involved in the incident will be invited to give voluntary testimony, unless the complainant or a majority of the CAB requests that the officer not be invited. If the officer decides not to give testimony, that officer’s sworn statement from the alleged incident (in the PSB file) will be read into the CAB record, which becomes a matter of public record. A DPD investigative representative will be present to answer questions related to the investigation that was conducted, and police practices and procedures in general. Other witnesses (such as nurses who treated the victim, bystanders, etc.) may be subpoenaed to give testimony and/or provide evidence, which may be necessary to hear the appeal. The hearing will be open to the public (as permitted by law) and audio recorded.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 39

  • Recommendation: The DPD/PSB must share certain documents automatically when an appeal is filed. After an appeal is filed, DPD/PSB shall immediately provide the investigative file to CAB, HRC, and the Legal Advisor. Such document sharing shall include, but not be limited to: the complaint, reports from the investigation, interview notes and recordings, pictures, cruiser footage, body-worn camera footage, the policies applicable to the situation, the letter of findings (which should be more descriptive than the current template and should include specific findings re: policies, rules, and laws analyzed during the initial investigation), and any other evidence used to make a determination.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 40

  • Recommendation: After considering the appeal, the Community Appeals Board shall make a determination, using the preponderance of the evidence standard, and may do the following: Concur with the findings of the investigation. Not concur with the findings of the investigation, and recommend that the investigation of the complaint should have been: Sustained: Disclosed evidence indicating the officer committed the alleged acts.; Not Sustained: No evidence to prove/disprove the alleged incident occurred.; Exonerated: Act did occur, but was justified, lawful, and proper.; Unfounded: Acts alleged did not occur. The Complainant and the officer involved will be notified of the disposition. The Complainant will be provided a post-hearing survey (voluntary) so that CAB can collect data about process, procedure, outcome, recommendations, etc.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 41

  • Recommendation: The Community Appeals Board determination should be presented in writing to the City Manager, City Commission, Chief of Police, Independent Accountability Auditor, Civil Service Representative, HRC, and Policy Review Committee. The CAB Chair, or designee from the CAB, may be asked to speak on behalf of the CAB at Commission meetings regarding cases and operations and will be required to give an annual presentation along with the annual report of policy and procedure recommendations. The case report is a matter of public record. The case report shall include the Board’s findings, a summary of the decision made, and any recommendations. The City Commission will issue a response to the recommendations in a timely manner. The City Commission may make a referral to the City Manager and/or to the IAA for proper policy changes and potential remedy, as per city policy and procedure. The Board shall submit to the Commission an annual report of operations describing the number and types of cases, a budget report, and other findings and recommendations. The annual report could include policy and procedure recommendations. The City Commission will respond to those policy and procedure recommendations within a reasonable period of time. The City Commission will monitor the operations of the CAB and from time to time enact process improvements.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 42

  • Recommendation: Participating in a training program will be mandatory for Community Appeals Board members. Funding will be provided for Board members to attend and continue a comprehensive training program. Such training could include Annual National Association for Civilian Oversight of Law Enforcement (NACOLE) training or state, local, and regional training. The training shall include an annual training session along with other training at a regularly scheduled meetings or at a dedicated second meeting per month. Board members should be provided with monthly material curated from local, state, and national organizations discussing trends, developments, etc. CAB shall be provided appropriate staff for administrative and clerical duties regarding appeals, hearings, scheduling, training, and writing the annual report to Commission.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Recommendation 43

  • Recommendation: There could be an education and outreach campaign for the Community’ Appeals Board. The Committee shall recommend an education and outreach campaign so that Community have a better understanding of what CAB does, when meetings are held, and how to file appeals, and how to apply to serve on CAB. Recognizing that individuals are more likely to trust people and organizations most familiar to them, CAB will make available appeals submission training and appeal forms to agencies/organizations/churches/etc. who are likely to assist complainants, to ensure that individuals can work with people they trust to file an appeal. This effort could be combined with education and outreach efforts for how to make an initial complaint about police misconduct.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/16/2021
  • Current Status / Explanation: The City Commission will work with the Law Department to repeal and replace the existing Citizens Appeal Board legislation, Ordinance 31554-17 with the recommendations of the Working Group.
  • Memo to Commission
  • Response from Commission

Use of Force Recommendations

Recommendation 1

  • Recommendation: Body Cameras for the Dayton Police Department
  • Date Submitted: 9/2/2020
  • Commission Response: Accepted
  • Commission Response Date: 10/2/2020
  • Current Status / Explanation: On January 20, 2021, the Dayton City Commission approved a contract to purchase body-worn cameras.
  • Memo to Commission
  • Response from Commission

Recommendation 2

  • Recommendation: Annual Use of Force Report to the Dayton City Commission
  • Date Submitted: 9/2/2020
  • Commission Response: Accepted
  • Commission Response Date: 10/2/2020
  • Current Status / Explanation: The City Commission will received a use-of-force update annually beginning in 2021.
  • Memo to Commission
  • Response from Commission

Recommendation 3

  • Recommendation: Recognizing unholstering a firearm and pointing it at a person as a reportable show of force.
  • Date Submitted: 10/29/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/24/2020
  • Current Status / Explanation: The City Commission has directed the City Manager to work with the Dayton Police Department to determine a timeline for implementing this new policy.
  • Memo to Commission
  • Response from Commission

Recommendation 4

  • Recommendation: In conjunction with diverse community organizations, the Human Relations Council ("H.R.C"), and members of the legal community, the Dayton Police Department shall conduct annual (at minimum) "Know Your Rights" community engagement workshops within the Dayton community.
  • Date Submitted: 12/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 1/11/2021
  • Current Status / Explanation: The City Commission Agrees to conduct annual “Know your Rights & Responsibilities” community engagement workshops within the Dayton community in conjunction with diverse community organizations, the Human Relations Council, and members of the legal community.
  • Memo to Commission
  • Response from Commission

Recommendation 5

  • Recommendation: The goal of the “Know your Rights and Responsibilities” workshops shall be to provide education and resource to all members of the community regarding their rights and responsibilities throughout the legal process from the time of first contact with law enforcement.
  • Date Submitted: 12/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 1/11/2021
  • Current Status / Explanation: The City Commission Agrees that the workshops will provide education and resources to all members of the community regarding their rights and responsibilities throughout the legal process from the time of first contact with law enforcement
  • Memo to Commission
  • Response from Commission

Recommendation 6

  • Recommendation: Replace the language in General Order 2.01-4, Section I. C. 1. from defuse to de-escalate
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 7

  • Recommendation: Change the name of General Order 3.02-2 from Response to Citizen Aggression/Resistance/Non Compliance to Use of Force
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 8

  • Recommendation: Insert Medical Attention language from executive order into policy
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 9

  • Recommendation: Insert Duty to Intervene and Report from executive order into policy
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 10

  • Recommendation: Insert chokehold prohibition language (except where deadly force would be justified) from training outline and executive order to policy
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 11

  • Recommendation: Insert language from training outline to policy on awareness of intended target and surroundings when discharging firearm
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 12

  • Recommendation: Insert language from training outline to policy on non-lethal munitions shot placement
  • Date Submitted: 2/25/2021
  • Commission Response: 3/18/2021
  • Commission Response Date: Accepted
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 13

  • Recommendation: Add language regarding the striking of an individual with an object in the head as deadly force
  • Date Submitted: 2/25/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/18/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that all eight recommendations are included in the police policy as outlined in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 14

  • Recommendation: Include language referring to prohibiting the use of force against restrained persons in of Section G: Use of Force-Prohibitions subsection (1)(vi) of the Use of Force Policy.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/2/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to make the recommended changes in the Use of Force Policy regarding restrained individuals and people fleeing or resisting.
  • Memo to Commission
  • Response from Commission

Recommendation 15

  • Recommendation: Retain language referring to prohibiting the use of force to prevent a person from fleeing or resisting in Section G: Use of Force-Prohibitions subsection (1)(iv) of the Use of Force Policy.
  • Date Submitted: 3/16/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/2/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to make the recommended changes in the Use of Force Policy regarding restrained individuals and people fleeing or resisting.
  • Memo to Commission
  • Response from Commission

Recommendation 16

  • Recommendation: Revise the use of force policy to adopt a statement of “purpose” that provides that officers must respect the sanctity of all human life, act in all possible respects to preserve human life, do everything possible to avoid unnecessary uses of force, and minimize the force that is used, while still protecting themselves and the public (See proposed language attached).
  • Date Submitted: 3/22/2021
  • Commission Response: Asked for additional time
  • Commission Response Date: 4/22/2021
  • Current Status / Explanation: In reference to these recommendations and the related recommendation made on March 27th regarding the Use of Force Policy, the City Commission requests additional time during the implementation period for the Law Department to review the language and consult with national experts. They will review the statement of purpose, changing the use of force standard, and the statement of core principles with a particular focus on adding “proportionality” and “necessity”. The City Commission directs the Law Director to work with members of the Use of Force Working Group after completing additional research and consultation to inform her final recommendation to the Commission.
  • Memo to Commission
  • Response from Commission

Recommendation 17

  • Recommendation: Revise the use of force policy to adopt a policy statement that requires that officers use only that force which is necessary, proportional to the level of resistance/aggression/noncompliance, and objectively reasonable based on the totality of the circumstances as outlined in the Supreme Court case of Graham v. Connor, 490 US 386. Further, that when safe and feasible to do so, officers shall take all reasonable measures to de-escalate an incident and reduce the likelihood or level of use of force. Further, that any use of force that is not necessary, proportional, and objectively reasonable and does not reflect reasonable de-escalation efforts, when safe and feasible to do so, is prohibited and inconsistent with department policy. (See proposed language attached)
  • Date Submitted: 3/22/2021
  • Commission Response: Asked for additional time
  • Commission Response Date: 4/22/2021
  • Current Status / Explanation: In reference to these recommendations and the related recommendation made on March 27th regarding the Use of Force Policy, the City Commission requests additional time during the implementation period for the Law Department to review the language and consult with national experts. They will review the statement of purpose, changing the use of force standard, and the statement of core principles with a particular focus on adding “proportionality” and “necessity”. The City Commission directs the Law Director to work with members of the Use of Force Working Group after completing additional research and consultation to inform her final recommendation to the Commission.
  • Memo to Commission
  • Response from Commission

Recommendation 18

  • Recommendation: Revise the use of force policy to adopt a statement of core principles with sections on sanctity of human life, public cooperation, de-escalation, use of force: objectively reasonable, necessary, and proportional, medical attention, duty to intervene and report, and use of force prohibitions. (See proposed language attached).
  • Date Submitted: 3/27/2021
  • Commission Response: Asked for additional time
  • Commission Response Date: 4/22/2021
  • Current Status / Explanation: In reference to these recommendations and the related recommendation made on March 22nd regarding the Use of Force Policy, the City Commission requests additional time during the implementation period for the Law Department to review the language and consult with national experts. They will review the statement of purpose, changing the use of force standard, and the statement of core principles with a particular focus on adding “proportionality” and “necessity”. The City Commission directs the Law Director to work with members of the Use of Force Working Group after completing additional research and consultation to inform her final recommendation to the Commission.
  • Memo to Commission
  • Response from Commission

Recommendation 19

  • Recommendation: Insert language of de-escalation policy developed by the training group into core principles “Section C. De-Escalation.”
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 20

  • Recommendation: Recommend that a committee consisting of department members, community members, and members of use of force working group review and revise “Section IV. Definitions.” Specifically, adopt a formal definition of “force.” Revise and add definitions of other relevant concepts to align with overall policy revisions.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 21

  • Recommendation: Recommend that the remaining sections of the use of force policy be reviewed by a committee consisting of department members, community members, and members of use of force working group to determine where revisions are warranted, including but not limited to, review of the following specific provision: sit, kneel, or stand on a subject’s head, face, neck, except where the use of deadly force would be authorized.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Training Recommendations

Recommendation 1

  • Recommendation: Update Dayton Police Department’s use-of-force policy to include a de-escalation policy in regards to all people regardless of race, gender, sexual orientation, ability, age, religion, etc. The de-escalation policy should: a. Define de-escalation as a desired outcome achieved by utilizing decision making, communication, and tactics to resolve conflict, or potential conflict, ethically based on the preservation of life per the safety priorities. b. Define de-escalation tactics c. Outline when it is safe and appropriate for officers to use de-escalation tactics d. Complement well-defined use-of-force policies e. Be presented to this working group for review before they make their final recommendation
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department and the Working Group to draft an updated policy regarding the Department’s use of de-escalation practices regardless of race, color, religion, sex, ancestry, national origin, place of birth, age, marital status, familial status, sexual orientation, gender identity, or disability. The draft that is currently being discussed by the Working Group in partnership with the Dayton Police Department contains the elements discussed in the recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 2

  • Recommendation: Provide supplemental de-escalation training in the Police Academy. This deescalation training should: a. Promote the safety of officers and community members b. Provide officers the communication and tactical skills required to deescalate situations in which persons have non-lethal weapons c. Identify measurable outcomes that demonstrate officers’ proficiency in these skills d. Incorporate education/learning on race and cultural competence
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to implement the updated training policy once it is completed in 2021. Additional training to review and reinforce the policy will also be presented through future roll-call trainings and through annual trainings. Related training is expected to be largely based around the Integrated Communications, Assessment, and Tactics (ICAT) training. Trainings will promote the safety of officers and community members, provide officers communication and tactical skills to de-escalate situations is which persons have non-lethal weapons, identify measurable outcomes that demonstrate proficiency, and incorporate race and cultural competence.
  • Memo to Commission
  • Response from Commission

Recommendation 3

  • Recommendation: Reinforce the importance of de-escalation tactics through annual refresher courses and in roll call trainings
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to integrate de-escalation training into the annual training requirements and roll call trainings.
  • Memo to Commission
  • Response from Commission

Recommendation 4

  • Recommendation: Create and expand opportunities for additional de-escalation training through outside instructors
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to identify and utilize outside instructors on de-escalation and other related topics.
  • Memo to Commission
  • Response from Commission

Recommendation 5

  • Recommendation: Provide additional training for supervisors on how to encourage the use of de-escalation tactics that incorporates education/learning on race and cultural competence
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to outline expectations for supervisors in their managing roles.
  • Memo to Commission
  • Response from Commission

Recommendation 6

  • Recommendation: Incorporate measurable documentation of de-escalation tactics used in police/citizen interactions into current reporting
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to incorporate the use of de-escalation techniques into the existing “Response to Aggression/Resistance/Non-Compliance” reports and other citizen interactions where appropriate.
  • Memo to Commission
  • Response from Commission

Recommendation 7

  • Recommendation: Identify and monitor benchmarks for officers’ use of de-escalation tactics
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to utilize collected data to establish benchmarks and evaluate the use of de-escalation tactics. This will allow for tracking and inform training needs.
  • Memo to Commission
  • Response from Commission

Recommendation 8

  • Recommendation: Provide a public annual report on the use of de-escalation tactics including demographics data
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with Dayton Police Department to incorporate data into annual published reports on the department’s use of force.
  • Memo to Commission
  • Response from Commission

Recommendation 9

  • Recommendation: Monitor officers’ performance in use of de-escalation tactics through monthly inspections
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to add guidance for supervisors and lieutenants to monitor Mobile Video Recorder and Body Worn Camera videos of officer interactions to include de-escalation tactics.
  • Memo to Commission
  • Response from Commission

Recommendation 10

  • Recommendation: Create a system of managerial accountability to ensure the use of de-escalation tactics
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to utilize collected information through documented reports to identify both individual and larger department trends. Supervisors will be required to report the use of de-escalation tactics during an incident or explain why use of de-escalation tactics were not appropriate.
  • Memo to Commission
  • Response from Commission

Recommendation 11

  • Recommendation: Place greater emphasis and recognition on the use of de-escalation tactics in performance evaluations
  • Date Submitted: 11/10/2020
  • Commission Response: Accepted
  • Commission Response Date: 12/10/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to utilize the Employee Appraisal form to include de-escalation tactics to ensure that de-escalation tactics are a component of how an officer’s performance is evaluated both monthly and in annual reviews.
  • Memo to Commission
  • Response from Commission

Recommendation 12

  • Recommendation: Train-the-trainer implicit bias training. This training should: a. Help officers recognize their own unconscious bias b. Help officers manage and respond to the perceived bias of others c. Provide strategies on how to counter bias.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: City Commission Agrees. The City Commission directs the City Manager to work with DPD to utilize a train-the-trainer model to help officers recognize their own unconscious bias, help officers manage and respond to the perceived bias of others, and provide strategies on how to counter bias. This training will be of a quality that meets the high standards consistent with the subject matter authority.
  • Memo to Commission
  • Response from Commission

Recommendation 13

  • Recommendation: Ensure training and implementation meets the quality standards of training authority.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to utilize a train-the-trainer model to help officers recognize their own unconscious bias, help officers manage and respond to the perceived bias of others, and provide strategies on how to counter bias. This training will be of a quality that meets the high standards consistent with the subject matter authority.
  • Memo to Commission
  • Response from Commission

Recommendation 14

  • Recommendation: Formalize and standardize additional community diversity training by: a. Defining the goals and objectives b. Creating a succession plan
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to align this recommendation with the recommendation from the Community Engagement Working Group on a related topic (January 7, 2021). That recommendation requires ongoing, consistent community engagement activities throughout their career, building on orientation through intentional outreach to underserved groups. The Commission further directs the City Manager to develop additional training around these areas through formalized goals and objectives, and a succession plan.
  • Memo to Commission
  • Response from Commission

Recommendation 15

  • Recommendation: Include Harvard’s weapons IAT in the Police Academy training.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to utilize the Harvard’s weapons IAT assessment as a means for engaging in conversation during the academy.
  • Memo to Commission
  • Response from Commission

Recommendation 16

  • Recommendation: Provide additional implicit bias training for supervisors.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that DPD supervisors receive additional implicit bias training specific to their unique leadership roles. Additionally, an annual implicit bias and procedural justice training will be conducted as well as additional training at roll calls. The City Commission also supports the implementation of a procedural justice training course for community members facilitated by both an officer and a community member.
  • Memo to Commission
  • Response from Commission

Recommendation 17

  • Recommendation: Require annual implicit bias and procedural justice training.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that DPD supervisors receive additional implicit bias training specific to their unique leadership roles. Additionally, an annual implicit bias and procedural justice training will be conducted as well as additional training at roll calls. The City Commission also supports the implementation of a procedural justice training course for community members facilitated by both an officer and a community member.
  • Memo to Commission
  • Response from Commission

Recommendation 18

  • Recommendation: Require implicit bias and procedural justice training in roll call.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that DPD supervisors receive additional implicit bias training specific to their unique leadership roles. Additionally, an annual implicit bias and procedural justice training will be conducted as well as additional training at roll calls. The City Commission also supports the implementation of a procedural justice training course for community members facilitated by both an officer and a community member.
  • Memo to Commission
  • Response from Commission

Recommendation 19

  • Recommendation: Implement procedural justice course for community members that is facilitated by an officer and a community member.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that DPD supervisors receive additional implicit bias training specific to their unique leadership roles. Additionally, an annual implicit bias and procedural justice training will be conducted as well as additional training at roll calls. The City Commission also supports the implementation of a procedural justice training course for community members facilitated by both an officer and a community member.
  • Memo to Commission
  • Response from Commission

Recommendation 20

  • Recommendation: Create community engagement award for the Academy.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to establish a community engagement award for officers as they graduate the academy as well as documenting and recognizing instances of “guardian behavior” both through an annual award. Instances of guardian behaviors well as measures of procedural justice should be included in performance evaluations.
  • Memo to Commission
  • Response from Commission

Recommendation 21

  • Recommendation: Make data collection from bias-free policing policy publicly available. This data includes: Race and gender data on all traffic stops (driver only), traffic accidents (driver only) and self-initiated field interviews (person contacted).
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to ensure that data collection from bias-free policing is publically available in an easily accessible way. This data will include race and gender information on all traffic stops (driver only), traffic accidents (driver only), and self-initiated field interviews (person contacted).
  • Memo to Commission
  • Response from Commission

Recommendation 22

  • Recommendation: Document and recognize instances of guardian behavior. A guardian is defined as an officer that “operates as part of the community, demonstrating empathy and employing procedural justice principles during interactions.”
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to establish a community engagement award for officers as they graduate the academy as well as documenting and recognizing instances of “guardian behavior” both through an annual award. Instances of guardian behaviors well as measures of procedural justice should be included in performance evaluations.
  • Memo to Commission
  • Response from Commission

Recommendation 23

  • Recommendation: Incorporate measures of procedural justice in performance evaluations.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to establish a community engagement award for officers as they graduate the academy as well as documenting and recognizing instances of “guardian behavior” both through an annual award. Instances of guardian behaviors well as measures of procedural justice should be included in performance evaluations.
  • Memo to Commission
  • Response from Commission

Recommendation 24

  • Recommendation: Request Dayton Police Department to explore the benefits of becoming accredited by CALEA and respond to the working group within 90 days.
  • Date Submitted: 2/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/15/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to reevaluate the benefits of becoming accredited by CALEA and provide a response within 90 days.
  • Memo to Commission
  • Response from Commission

Recommendation 25

  • Recommendation: Adopt the finalized de-escalation policy as part of the use-of-force policy. Please see the finalized here.
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to implement this policy.
  • Memo to Commission
  • Response from Commission

Recommendation 26

  • Recommendation: Include the following items in the Community Orientation portion of the academy: a. Historical significance and acknowledgement of causes of systemic/structural racism; b. Citizen voices
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work the DPD to develop curriculum that will address these areas and includes citizen voices.
  • Memo to Commission
  • Response from Commission

Recommendation 27

  • Recommendation: 3.) Community members and police will work together to create a 36- hour curriculum to develop skills related to community engagement and cultural competency. This curriculum should include: a. 16 hours of OPOTA Community Diversity Training; b. Community Orientation as described in recommendation two; c. Trauma-informed policing training; d. Multicultural communications training; e. History of the city and demographic information as described in the first recommendation; f. Learning phrases/commands in non-English languages commonly spoken in Dayton; g. Scenario-based training; h. Relationship building (Similar to community policing curriculum from DOJ)
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to work with community members to create a curriculum that includes; 16 hours of OPOTA Community Diversity Training, Community Orientation as discussed in recommendation 2, trauma informed policing, multi-cultural communications, history of the city and demographic information as described in the first recommendation, learning phrases/commands in non-English languages commonly spoken in Dayton, scenario-based training, and relationship building.
  • Memo to Commission
  • Response from Commission

Recommendation 28

  • Recommendation: Require annual cultural competency training
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to develop and institute an annual and supplementary cultural competency training. As the ongoing curriculum is developed, all DPD members will be required to participate in supplemental trainings throughout the year.
  • Memo to Commission
  • Response from Commission

Recommendation 29

  • Recommendation: Require cultural competency training in roll call
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to develop and institute an annual and supplementary cultural competency training. As the ongoing curriculum is developed, all DPD members will be required to participate in supplemental trainings throughout the year.
  • Memo to Commission
  • Response from Commission

Recommendation 30

  • Recommendation: Encourage development of cultural competency skills as a part of ongoing professional development. Activities that demonstrate these skills include: a. Seeking advice from diverse community members including but not limited to Black, Hispanic/LatinX, LGBTQ+, Muslim, and/or any other underserved communities members; b. Seeking to understand those who are different than their own culture, learn the demographics of their assigned area and become familiar with customs and language; c. Striving to learn more, ask questions and form relationships with the citizens they serve
  • Date Submitted: 3/9/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to encourage ongoing professional development in activities that include; seeking advice from diverse communities members including but not limited to Black, Hispanic/LatinX, LGBTQ+, Muslim and/or other underserved communities; seeking to understand those who are different than their own culture, learn the demographics of their assigned area and become familiar with customs and language; and striving to learn more, ask questions, and form relationships with the citizens they serve.
  • Memo to Commission
  • Response from Commission

Recommendation 31

  • Recommendation: Update de-escalation policy to include the attached language.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 32

  • Recommendation: Include diverse community members in the Training Committee from the following organizations: The complaint intake person as recommended by the Oversight working group; One member from drug and alcohol rehabilitation/ mental health organization; One member from an organization that serves youth; One member from an organization that serves those on probation or parole; One member from the Public Defender’s Office; In conjunction with the Human Relations Council, Community Engagement Department, and other community organizations, create a process to include community members in the Training Committee
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 33

  • Recommendation: Include Duty to Intervene Training, which Dayton Police Department is implementing for officers as part of an executive order, into Police Academy training
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 34

  • Recommendation: To ensure a bias-free policing standard, we recommend the Dayton Police Department procure an external organization to complete a traffic stop analysis. Researchers will work with community members and police to determine what information they would like included in the traffic stop analysis. The traffic stop analysis should: Be conducted to the highest academic standard; Provided nuanced information on how to improve traffic stops; Include citizen anecdotes on traffic stops; Be made publicly available. If the traffic stop analysis reveals disparate enforcement, Dayton Police Department should work to reduce these effects through policy changes, training, executive orders, etc.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recruitment & Promotion Recommendations

Recommendation 1

  • Recommendation: Create a permanent, full-time dedicated recruitment unit within the Dayton Police Department comprising at least one full-time recruitment officer and non-sworn personnel who are led by a member of the command staff. The recruitment unit will report directly to the Police Chief and work alongside Civil Service and community partners to achieve recruitment goals.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to create the recruitment unit with at least one full-time recruitment officer and non-sworn personnel lead by command staff. This team will report directly to the Dayton Police Chief’s Office (Chief and Assistant Chiefs).
  • Memo to Commission
  • Response from Commission

Recommendation 2

  • Recommendation: The recruitment unit will have a robust annual budget to carry out recruitment activities, including advertising and holding community events. The City Commission and staff will provide a budget estimate within 30 days for review by the committee.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: Within 30 days, the City Manager will provide the Working Group with an itemized budget for further discussion and review.
  • Memo to Commission
  • Response from Commission

Recommendation 3

  • Recommendation: Create an advisory group of diverse community leaders that will aid the recruitment unit in reaching diverse potential police recruits.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission will work with the City Manager and Dayton Police Department to create the advisory group.
  • Memo to Commission
  • Response from Commission

Recommendation 4

  • Recommendation: Work with a diverse group of community partners, volunteers, and marketing professionals to create recruitment materials that appeal to diverse applicants and highlight various aspects of police work.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department to ensure the utilization of such a team.
  • Memo to Commission
  • Response from Commission

Recommendation 5

  • Recommendation: Create a variety of programs to employ 18 to 21 year olds that are interested in careers in policing. One program could function like the Columbus cadet program and seek to expose young people to various police roles.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission Directs the City Manager to work with the Dayton Police Department to develop a long-range plan to attract and maintain the interest of diverse candidates in public safety. The strategic plan should clearly define structure and expectations for program development and ensure the incorporation of best practices in hiring and retention practices.
  • Memo to Commission
  • Response from Commission

Recommendation 6

  • Recommendation: Bid out the psychologist contract with a preference for a diverse group practice in order to allow for a broader range of professional opinions used in making hiring decisions, and to shorten the pre-employment time period.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department, Civil Service, and Purchasing to identify when the current contract expires, and provide direction to staff during the next bidding process to include a focus on a diverse group practice.
  • Memo to Commission
  • Response from Commission

Recommendation 7

  • Recommendation: Create multiple opportunities to take the physical fitness test and preliminary entry-level assessment outside of normal business days and hours.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department and Civil Service to create and implement a plan to expand the accessibility of the physical fitness test and entry-level assessment.
  • Memo to Commission
  • Response from Commission

Recommendation 8

  • Recommendation: Recruitment unit and civil service will explore creative ways to test applicants in the field.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department and Civil Service to research creative ideas in this area.
  • Memo to Commission
  • Response from Commission

Recommendation 9

  • Recommendation: Create test prep materials and sessions for the entry-level assessment with an eye toward cultural competency.
  • Date Submitted: 10/6/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/5/2020
  • Current Status / Explanation: The City Commission directs the City Manager to work with the Dayton Police Department and Civil Service to create and implement a process to accomplish this goal.
  • Memo to Commission
  • Response from Commission

Recommendation 10

  • Recommendation: Increase the police recruitment cut off age to 40.
  • Date Submitted: 10/27/2020
  • Commission Response: (See recommendation #12 for updated language from the working group)
  • Commission Response Date: 11/24/2020
  • Current Status / Explanation: It is the Commission's understanding that the Working Group made this recommendation to align with the State of Ohio statute. However, ORC 124.41, Police Department Qualification, states that “no person is eligible to receive an original appointment when the person is thirty-five years of age or older”. The City Commission will provide staff from the Law Department to review this recommendation with the Working Group, and if the Working Group still wishes to move forward, the City Commission will consider this recommendation at that time.
  • Memo to Commission
  • Response from Commission

Recommendation 11

  • Recommendation: Explore options for allowing recruits from other police departments to shorten or bypass the pre-employment process and be recruited directly into the Police Academy.
  • Date Submitted: 10/27/2020
  • Commission Response: Rejected
  • Commission Response Date: 11/24/2020
  • Current Status / Explanation: In 2004, the City changed procedures to create a Professional Firefighter classification to allow for a separate hiring process for individuals that already had their EMT Certification and their Firefighter 1 and 2 Certifications. Changing the process dramatically reduced the number of eligible minority applicants because a smaller percentage of minorities had the required certifications. As a result, in 2008, the Department of Justice filed a lawsuit against the City alleging that the hiring process violated Title VII. The City was required to pay over $450,000 in damages and enter into a consent decree with the Department of Justice that lasted almost five years. It is our belief that a similar program for the Dayton Police Department would also be found to violate Title VII because it will reduce the pool of eligible minority applicants. As such, the Dayton City Commission cannot accept this recommendation.
  • Memo to Commission
  • Response from Commission

Recommendation 12

  • Recommendation: Increase the police recruitment cut off age to 69.
  • Date Submitted: 1/5/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission will work with the Civil Service to implement this change in the next full recruitment cycle.
  • Memo to Commission
  • Response from Commission

Recommendation 13

  • Recommendation: Design a program to correct low-level policy violations and document their frequency. Representatives of Dayton Police Department, the Fraternal Order of Police, and community members will work together to create a draft of the program description that will be brought back to the working group for approval.
  • Date Submitted: 1/5/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to review program models for self-reporting and low level disciple, including the National Institute of Health, Error Reporting System and the Federal Aviation Administration, Aviation Safety Action Program. This information will be utilized in discussions with HR, the DPD Professional Standards Bureau, the Fraternal Order of Police, and member of the community to create a detailed recommendation and response.
  • Memo to Commission
  • Response from Commission

Recommendation 14

  • Recommendation: Undertake necessary legal changes to the Charter and corresponding policies to allow for flexibility in the hiring and promotional process for Police and Fire.
  • Date Submitted: 1/29/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/10/2021
  • Current Status / Explanation: On Monday, February 1st, the Commission referred this item to the Charter Review Committee for review. On February 10th , the Charter Review Committee recommended the item be places with other approved amendments on the May 2021 ballot for community consideration. These recommendations will be presented to the City Commission on Wednesday February 17th for consideration.
  • Memo to Commission
  • Response from Commission

Recommendation 15

  • Recommendation: Ensure that an interview panel for police recruit selection is diverse and includes representation from the community alongside relevant city staff.
  • Date Submitted: 2/2/2021
  • Commission Response: Accepted
  • Commission Response Date: 3/16/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with Civil Service, the Dayton Police Department, and other necessary departments to create an interview process for police recruits. There is an understanding that this will increase the length of the interview process and encourage a process that is as timely as possible.
  • Memo to Commission
  • Response from Commission

Recommendation 16

  • Recommendation: If a banding system is adopted for police recruit selection, explore ways to ensure that the process is not creating undue burden for applicants of color. For example, if there is not a commensurate percentage of applicants of color in individual band considered, then the band will be expanded in a way that does permit a commensurate percentage of applicants of color to be considered.
  • Date Submitted: 2/2/2021
  • Commission Response: Rejected
  • Commission Response Date: 3/16/2021
  • Current Status / Explanation: City Commission Agrees that the City should explore ways to ensure that the banding process does not create an undue burden for applicants of color. Upon review of the recommendation that a band be expanded if a commensurate percentage of applicants of color are not represented, the City of Dayton Law Department has advised that this would not be constitutional (see references below). Selections can only be made based on merit and fitness as defined by the Ohio Supreme Court
  • Memo to Commission
  • Response from Commission

Recommendation 17

  • Recommendation: Set annual hiring goals (as laid out in the memo) for Black recruits in each new recruit class. Meeting these annual goals means the Dayton Police Department will match Montgomery County’s Black population in 10 years, and will match the City of Dayton’s Black population in 15 years.
  • Date Submitted: 3/10/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The detailed plan laid out by the Working Group sets ambitious goals for the City of Dayton’s recruitment process. The City Commission directs the City Manager to work with DPD to utilize the full-time Recruitment Unit and ensure they have the resources necessary to support their work, engage with Dayton Public Schools high school graduates to connect them to hiring opportunities, and create a Recruitment Committee which will engage diverse community members to provide feedback and assist in recruitment.
  • Memo to Commission
  • Response from Commission

Recommendation 18

  • Recommendation: Create an incentive program, potentially a cash payment for all officers, if annual hiring goals are met. This would include Police command staff, Civil Service leadership, and the City Manager.
  • Date Submitted: 3/10/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/12/2021
  • Current Status / Explanation: The City Commission requested guidance from the Law Department. As this issue impacts the wages of the bargaining units, it would need to be negotiated. The City Commission directs the City Manager to work with Human Resources to determine how this recommendation can be implemented.
  • Memo to Commission
  • Response from Commission

Recommendation 19

  • Recommendation: Ensure multiple polygraphists are available to conduct polygraph tests, including the option of engaging outside agencies if necessary.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 20

  • Recommendation: Explore creating training opportunities within the city organization for new polygraphists.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 21

  • Recommendation: Allow an applicant to immediately request a second polygraph if they fail a portion of the test or show inconclusive results.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 22

  • Recommendation: Ensure that an applicant is aware of the civil service appeals process if they are disqualified from hiring due to a failed or inconclusive polygraph.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 23

  • Recommendation: Conduct polygraph tests in neutral site.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 24

  • Recommendation: Require a second polygraphist to verify a result that indicates deception and/or is inconclusive.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 25

  • Recommendation: Create explicit focus in the polygraph test on weeding out candidates with problematic views or violent tendencies. Include questions that probe authoritarian or violent tendencies or racial animus.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 26

  • Recommendation: Reevaluate the use of the polygraph and the guardrails in one year and continue to explore the use of alternatives.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 27

  • Recommendation: Involve community members in the creation of the position description for the Chief of Police position and include a reform orientation as a requirement of the position.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 28

  • Recommendation: Involve community members in the interview process for hiring the Chief of Police. Use police reform working groups as a discussion question for interviews.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 29

  • Recommendation: Pull community members involved in the Chief of Police hiring process from police reform working groups where trust and rapport have already been built between the community and police.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 30

  • Recommendation: Align the prohibition on marijuana use with the prohibition on nicotine for recruits.
  • Date Submitted: 3/29/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Engagement Recommendations

Recommendation 1

  • Recommendation: In order to minimize the frequency of contact between the public and police officers in enforcement settings, this Working Group recommends dispatching alternative responders for non-violent calls on issues including, but not limited to: mental health, homelessness, drug addiction, trespass, and intoxication. In implementing this policy, the Working Group also recommends hiring and/or procuring alternative responders that are culturally sensitive and represent the communities they serve.
  • Date Submitted: 10/22/2020
  • Commission Response: Accepted
  • Commission Response Date: 11/24/2020
  • Current Status / Explanation: The City Commission has worked with the City Manager’s Office to establish the following time-line: 1. Immediate- Bolster the resources of the Mobile Crisis Response Team by adding two mental health professionals in order to more effectively respond to crisis-related calls for service. This will be funded through our partnership with ADAMHS as discussed in the Working Group. Funding is in place for the remainder of 2020 and the Dayton Police Department will work with ADAMHS to determine if additional funding is available in 2021. 2. 90-Day (by March 1, 2021)- Draft and advertise an RFP/RFQ that seeks to identify qualified professional/institutional support to evaluate similar alternative crisis response models that are utilized across the country. This contract will assist in the extensive planning process including data collection and analysis, as well as the development of resources and partnerships. This contract will also include a review of any training or hiring models that would encourage the development of local worker to provide a culturally sensitive and representative alterative response work force. 3. 180-Day (by June 1, 2021)- The City Manager will provide the consultant’s findings and recommendations to the City Commission for Review. The Commission will then work with the City Manager to determine a time-line and structure for process implementation.
  • Memo to Commission
  • Response from Commission

Recommendation 2

  • Recommendation: During academy recruit training, new recruits will participate in a Community Orientation segment. This orientation will primarily be led by experts in Black, Hispanic/Latinx, LGBTQ+, Muslim, and/or any other underserved communities. This is similar to Nashville MHRC’s Mobile Diversity Seminar.
  • Date Submitted: 1/7/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with DPD to develop and implement this training component with experts and community partners.
  • Memo to Commission
  • Response from Commission

Recommendation 3

  • Recommendation: Require all officers to participate in consistent, ongoing community engagement activities throughout their career, building upon the Orientation training, through Intentional Outreach to meet departmental goals. The engagement shall prioritize Black, Hispanic/Latinx, LGBTQ+, Muslim, and/or any other underserved communities. The officer must indicate which underserved community their engagement specifically benefits, with an emphasis on the aforementioned communities. [PLEASE SEE RECOMMENDATION MEMO FOR RECOMMENDATION #2-3 FOR MORE INFORMATION]
  • Date Submitted: 1/7/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission Directs the City Manager to work with DPD to develop a process for engagement as well as tracking and evaluation. This includes establishing a baseline for hours spent, a form for tracking participation, and will be part of the annual performance review for police. Members who do not meet expectations will result in a Performance Improvement Plan. A report will be referred to the City Manager on a quarterly basis and published on the City of Dayton website.
  • Memo to Commission
  • Response from Commission

Recommendation 4

  • Recommendation: Community Engagement Goals & Values [PLEASE SEE RECOMMENDATION MEMO BELOW FOR MORE INFORMATION]
  • Date Submitted: 1/21/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission Directs the City Manager to work with DPD to ensure that these values will be used in support of the DPD’s policy that race, gender, gender identity, sexual orientation, religion, nationality, ethnicity, cultural affiliation, age, disability, economic status, or affiliation with any similar identifiable group shall not be used as the basis for providing law enforcement.
  • Memo to Commission
  • Response from Commission

Recommendation 5

  • Recommendation: Community Engagement Program Ownership [PLEASE SEE RECOMMENDATION MEMO BELOW FOR MORE INFORMATION]
  • Date Submitted: 1/21/2021
  • Commission Response: Accepted
  • Commission Response Date: 2/8/2021
  • Current Status / Explanation: The City Commission Directs the City Manager to work with DPD to identify the departments that should be included and then work with them to develop and implement the program.
  • Memo to Commission
  • Response from Commission

Recommendation 6

  • Recommendation: Juvenile Miranda Waiver Prohibition: No interviewing, questioning, or allowing children to waive their Miranda rights without an attorney present.
  • Date Submitted: 2/18/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration

Recommendation 7

  • Recommendation: Alternative Juvenile Response: In order to minimize the frequency of contact between juveniles and police officers in enforcement settings, this Working Group recommends dispatching alternative responders on all juvenile calls: Alternative responders should be sent in lieu of police on issues including, but not limited to: mental health, homelessness, drug addiction, trespass, intoxication, unruly, disorderly conduct, and other low-level offenses. Alternative responders should be sent in conjunction with police for all other issues involving juveniles.
  • Date Submitted: 2/18/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration

Recommendation 8

  • Recommendation: Ongoing Juvenile Justice Efforts: The City of Dayton, working with the County, the courts, and other relevant stakeholders will dedicate a Working Group to address juvenile justice issues, including issues of physical confinement. Establish DPD policy regarding juveniles charged for non-violent misdemeanor and non-violent felony crimes that physical confinement into the Montgomery County Juvenile Justice Center be only as a “last resort” after parental notification/alternative placement (Responsible Relative, Parent Release, and other options as they are established) has been exhausted.
  • Date Submitted: 3/18/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/2/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with local agencies involved in the juvenile justice system including Montgomery County, Juvenile Courts, the Public Defender’s Office, and others to convene a Working Group to consider issues of juvenile justice system including issues of confinement. Additionally, DPD will develop a policy regarding juveniles charged for non-violent misdemeanor, and non-violent felony crimes that would utilized physical confinement only as a last resort.
  • Memo to Commission
  • Response from Commission

Recommendation 9

  • Recommendation: Community Police Conversations: Re-establish the “Community Police Conversations” program in conjunction with the Dayton Mediation Center to allow an outlet for juveniles and adults to meet personally with officers in a structured environment to discuss issues and/or disagreements with stops, arrest, treatment, etc.
  • Date Submitted: 3/18/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/2/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD and the Dayton Mediation Center to utilize this program as an outlet for juveniles and adults to meet personally with officers in a structured environment to discuss issues or disagreements.
  • Memo to Commission
  • Response from Commission

Recommendation 10

  • Recommendation: Youth Engagement Opportunities: Establish positive youth/police engagement opportunities to include Friday afternoon school basketball games (youth vs. police/school faculty), youth educational classes on the various roles of police officers, and scheduled DPD Ice Cream Truck visits to Dayton Public Schools and underserved neighborhoods in the City of Dayton.
  • Date Submitted: 3/18/2021
  • Commission Response: Accepted
  • Commission Response Date: 4/2/2021
  • Current Status / Explanation: The City Commission directs the City Manager to work with the DPD to continue to engage in opportunities including Friday afternoon school basketball games, youth educations classes, scheduled DPD Ice Cream Truck visits to DPS and other underserved areas of Dayton.
  • Memo to Commission
  • Response from Commission

Recommendation 11

  • Recommendation: Juvenile Violence Diversion Program: Work with Montgomery County Juvenile Justice Center to establish an evidenced-based intervention/diversion program for juveniles charged with violence-related offenses. The model must be culturally sensitive and achieve parity in access and outcomes.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 12

  • Recommendation: K-12 Engagement Programming: Establish voluntary engagement sessions in K-12 schools in under-served neighborhoods in the City of Dayton where distrust and fear of the police is highest. Patrol officers could attend these engagement sessions, with a member of the Dayton Mediation Center, and communicate with youths first hand in an effort to improve relationships and build trust. These sessions must be recurring, consistent, and primarily tasked with advancing change. A follow-up method will be created in the implementation group.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 13

  • Recommendation: Community-Based Policing Model: With a goal of increasing trust, establish a Community Based Policing Model pilot project in an underserved neighborhood in West Dayton with a future goal of expansion to other neighborhoods. This program will be analyzed and assessed for effectiveness by a Long-Term Accountability Group. This will be a holistic community safety and wellness initiative where DPS, City of Dayton will pull together stakeholders to address issues raised in the neighborhood to help solve issues regarding health and wellness.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission

Recommendation 14

  • Recommendation: Command Staff & Black-Led Organizations: In order to create and maintain meaningful engagement with the Black community, Dayton Police Command Staff must engage with the Board or Committee of a Black-led organization, attend regular meetings, and demonstrate active involvement in the organization’s operations.
  • Date Submitted: 4/1/2021
  • Commission Response: -
  • Commission Response Date: -
  • Current Status / Explanation: Under Consideration
  • Memo to Commission