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