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LA Consent Decree -- Sections X and XI

X. COMMUNITY OUTREACH AND PUBLIC INFORMATION

155. For the term of this Agreement, the Department shall conduct a Community Outreach and Public Information program for each LAPD geographic area. The program shall require the following:

a. at least one open meeting per quarter in each of the 18 geographic Areas for the first year of the Agreement, and one meeting in each Area annually thereafter, to inform the public about the provisions of this Agreement, and the various methods of filing a complaint against an officer. At least one week before such meetings the City shall publish notice of the meeting (i) in public areas; (ii) in at least one newspaper covering the City of Los Angeles; (iii) in one or more local community newspaper(s) that services the Area, taking into account the diversity in language and ethnicity of the area's residents; (iv) on the City and LAPD website; and (v) in the primary languages spoken by the communities located in such area.

b. the open public meetings described above shall include presentations and information on the LAPD and LAPD operations, which presentations and information are designed to enhance interaction between officers and community members in daily policing activities.

156. The LAPD shall prepare and publish on its website semiannual public reports required by this paragraph. Such reports shall include aggregate statistics broken down by each LAPD geographic area and for the Operations Headquarters Bureau, and broken down by the race/ethnicity/national origin of the citizens involved, for arrests, information required to be maintained pursuant to paragraphs 104 and 105, and uses of force. Such reports shall include a brief description of each of the following that was completed during that period: (i) report of a specified audit completed, audits completed pursuant to paragraphs 111, 113, 125, 126, 130, 133 and 134, and any significant actions taken as a result of such audits or reports, (ii) a summary of all discipline imposed during the period reported by type of misconduct, broken down by type of discipline, bureau and rank, and (iii) any new policies or changes in policies made by the Department to address the requirements of this Agreement. Such reports shall also include the reports prepared pursuant to paragraphs 173 and 175.

157. The LAPD shall continue to utilize community advisory groups in each geographic Area and to meet quarterly with the community they serve. The Department shall establish a media advisory working group to facilitate information dissemination to the predominant ethnicities and cultures in Los Angeles.

XI. INDEPENDENT MONITOR

158. By March 1, 2001, the City and the DOJ shall together select an Independent Monitor, acceptable to both, who shall monitor and report on the City's implementation of this Agreement. The selection of the Monitor shall be pursuant to a method jointly established by the DOJ and the City. If the DOJ and City are unable to agree on a Monitor or an alternative method of selection, the DOJ and the City each shall submit two names of persons to the Court who shall have the following attributes: (i) a reputation for integrity, evenhandedness, and independence; (ii) experience as a law enforcement officer, expertise in law enforcement practices, or experience as a law enforcement practices monitor; (iii) an absence of bias, including any appearance of bias, for or against the DOJ, the City, the Department, or their officers or employees; and (iv) no personal involvement, in the last eight years, whether paid or unpaid, with a claim or lawsuit against the City or the Department or any of their officers, agents or employees, unless waived by the parties. The DOJ and the City shall also submit to the Court the resumes, cost proposals, and other relevant information for such persons demonstrating the above qualifications, and the Court shall appoint the Monitor from among the names of qualified persons so submitted; provided, however, that if the Court so selects the Monitor, then the maximum sum to be paid the Monitor, including any additional persons he or she may associate pursuant to paragraph 159 (excluding reasonable costs or fees associated with non-compliance or breach of the Agreement by the City or the Department), shall not exceed $10 million, plus out-of-pocket costs for travel and incidentals, for the first five years after the effective date of this Agreement.

159. The Monitor, at any time, may associate such additional persons or entities as are reasonably necessary to perform the monitoring tasks specified by this Agreement. Any additional persons or entities associated by the Monitor shall possess the following attributes: a reputation for integrity, evenhandedness, and independence; an absence of bias, including any appearance of bias, for or against the DOJ, the City, the Department, or their officers or employees; and no personal involvement in the last five years, whether paid or unpaid, with a claim or lawsuit against the City or the Department or any of their officers, agents or employees unless waived by the parties, which waiver shall not be unreasonably withheld. The Monitor shall notify in writing the DOJ and the City if and when such additional persons or entities are selected for association by the Monitor. The notice shall identify the person or entity to be associated and the monitoring task to be performed, and, if a waiver is being requested, the notice shall indicate if the person had any such involvement in the last five years, whether paid or unpaid, with a claim or lawsuit against the City or the Department or any of their officers, agents, or employees. Either the DOJ or the City may notify in writing the Monitor within 10 days (excluding weekends, and federal or state holidays) of any objection either may have to the selection. If the parties and the Monitor are unable to resolve any such objection, and the Monitor believes that the specific person or entity in question is needed to assist the Monitor and such person or entity satisfies the qualifications and requirements in this paragraph, the Monitor may seek Court authorization to hire such person. For purposes of all paragraphs of this Agreement other than the preceding paragraph, the term Monitor shall include any and all persons or entities that the Monitor associates to perform monitoring tasks and such persons shall be subject to the same provisions applicable to the Monitor under this Agreement.

160. The City shall bear all reasonable fees and costs of the Monitor. The Court retains the authority to resolve any dispute that may arise regarding the reasonableness of fees and costs charged by the Monitor. In selecting the Monitor, DOJ and the City recognize the importance of ensuring that the fees and costs borne by the City are reasonable, and accordingly fees and costs shall be one factor considered in selecting the Monitor. In the event that any dispute arises regarding the payment of the Monitor's fees and costs, the City, DOJ and the Monitor shall attempt to resolve such dispute cooperatively prior to seeking the Court's assistance.

161. The Monitor shall be an agent of the Court and shall be subject to the supervision and orders of this Court, consistent with this Agreement. The Monitor shall only have the duties, responsibilities and authority conferred by this Agreement. The Monitor shall not, and is not intended to, replace or take over the role and duties of the Mayor, City Council, Commission, Chief of Police or the Inspector General. In order to monitor and report on the City's and the Department's implementation of each substantive provision of this Agreement, the Monitor shall conduct the reviews specified in paragraph 162 and such additional reviews as the Monitor deems appropriate. At the request of the DOJ or the City, based on the Monitor's reviews, the Monitor may make recommendations to the parties regarding measures necessary to ensure full and timely implementation of this Agreement.

162. In order to monitor and report on the City and Department's implementation of this Agreement, the Monitor shall, subject to paragraph 163 and paragraphs 165 through 171:

a. between six and twelve months following implementation of TEAMS II and at least annually thereafter, conduct a review of the use of TEAMS II by the LAPD, the Inspector General, and the Police Commission and its staff;

b. regularly review and evaluate the quality and timeliness of the specified audits, sting audits, and audits conducted by LAPD or the Inspector General under paragraphs 125, 126, 133, 134 , and 140; and

c. regularly review appropriate samples of (i) Categorical and Non-Categorical Use of Force investigations, adjudications and related disciplinary and non-disciplinary actions; and (ii) Complaint Form 1.28 investigations, adjudications and related disciplinary and non-disciplinary actions (focusing, in particular, on those involving alleged uses of excessive force, false arrests or improper stops, improper searches or seizures, discrimination or retaliation); and motor vehicle and pedestrian stop data collected pursuant to paragraphs 104 and 105.

In performing its obligations under this Agreement, the Monitor shall, where appropriate, utilize audits conducted by the City or Department for this purpose, and employ appropriate sampling echniques.

163. The Monitor may review completed portions of administrative investigations and resulting internal proceedings while they are pending, provided, however, that in such instances the Monitor may review only those parts of such investigations and proceedings that have been completed (such as the completed use of force report, completed Use of Force Review Board proceedings, or completed Board of Rights proceedings). If the Monitor determines that any administrative use of force or Complaint Form 1.28 investigation, which has been adjudicated or otherwise disposed or completed, is inadequate under this Agreement, the Monitor shall confer with the Commission, Chief of Police and the Inspector General, and provide a confidential written evaluation to the Department, the Inspector General, and the DOJ containing the additional measures that should be taken with respect to future investigations in order to satisfy this Agreement. Such evaluation shall be for the purpose of assisting the Commission, the Chief of Police and the Inspector General in conducting future investigations, and shall not obligate the Department to reopen or re-adjudicate any investigation.

164. In monitoring the implementation of this Agreement, the Monitor shall maintain regular contact with the City, the Commission, the Chief of Police, the Inspector General as well as the DOJ.

165. The Monitor shall have full and direct access to: (a) all Department employees, including the Inspector General, and all Department facilities (except facilities used solely for ATD activities) that the Monitor reasonably deems necessary to carry out the duties assigned to the Monitor by this Agreement; however, access to ATD personnel shall be for the sole purpose of monitoring administrative investigations, including of complaints, involving such personnel; and (b) within a reasonable time following notice to the City, or the Department (solely in the case of individual Police Commissioners) all other City officers, employees and facilities, and the individual Police Commissioners. The Monitor shall cooperate with the City and the Department to access people and facilities in a reasonable manner that, consistent with the Monitor's responsibilities, minimizes interference with daily operations.

166. The Monitor shall have full and direct access to all City and Department documents, including TEAMS II data and information, that the Monitor reasonably deems necessary to carry out the duties assigned to the Monitor by this Agreement, except as access is limited in paragraphs 167, 168, 169, 170 and 171 or as to any such documents protected by the attorney-client privilege. Should the City or the Department decline to provide the Monitor with access to a document based on attorney-client privilege, the City shall provide the Monitor and DOJ with a log describing the document.

167. The Monitor shall provide the City or Department with reasonable notice of a request for copies of documents. Upon such request, the City and the Department shall provide the Monitor with copies (electronic, where readily available, or hardcopy) of any documents that the Monitor is entitled to access under this Agreement, including TEAMS II information and data, except for Sensitive Data. The term "Sensitive Data" shall include confidential informant files, personnel files, and other documents or data specifically designated as "Sensitive Data" in this Agreement. The City shall cooperate with the Monitor to allow access to Sensitive Data for review in a reasonable manner that is consistent with the Monitor's responsibilities and schedule. The Monitor shall treat copies of TEAMS II information and data as "non-public information," as defined in paragraph 168(a).

168. All documents provided to the Monitor, whether by the City, Department, or DOJ, shall be maintained in a confidential manner. Sensitive Data, and "non-public information" as defined in subpart (a) of this paragraph, whether obtained from the City, Department or DOJ, shall not be disclosed by the Monitor to any person or entity, other than (i) to the DOJ, (ii) to the Court either under Seal or consistent with paragraphs 169, 170 or 173 or (iii) as consistent with subpart (a) of this paragraph.

a. "Non-public information" means any information that is exempt from public disclosure or inspection under the California Public Records Act and that has not been released to a member of the public by the City or the Department or any of their officers or employees, and for which the exemption has not otherwise been waived by the City. Non-public information may be used in statistical analysis, unit analysis or other analysis that does not identify particular individuals and such analysis may be disclosed to the public solely as provided in paragraphs 173 and 174.

b. Other than as expressly provided in this Agreement, this Agreement shall not be deemed a waiver of any privilege or right the City or the Department may assert, including those recognized at common law or created by statute, rule or regulation, against any other person or entity with respect to the disclosure of any document.

169. The Monitor shall have access to any City employee medical or BSS records only under the following circumstances:

a. The Monitor shall have direct access to City employee medical or BSS records, if permission for such access is granted by the applicable employee or the information from such records is otherwise contained in investigative files.

b. For any other City employee medical or BSS records reasonably necessary to carry out the duties assigned to the Monitor by this Agreement, the Monitor shall notify in writing the DOJ and the City of the need for such documents, and the City shall so notify the affected employee. Either the DOJ, the City, or the affected employee may, and the City shall if requested by the affected employee, notify in writing the Monitor within ten days (excluding weekends, and federal or state holidays) of any objection they may have to such access. If the parties, the Monitor, and, where applicable, the affected employee are unable to resolve any such objection, and the Monitor continues to believe that the documents in question are reasonably necessary to assist the Monitor, the Monitor may seek Court authorization for access to such documents, subject to any appropriate protective orders. The City shall assert applicable defenses and privileges from disclosure and protections of such records for the City and the affected employee. Any documents obtained by this procedure shall be treated as "Sensitive Data."

170. The Monitor shall have direct access to all documents in criminal investigation files that have been closed by the LAPD. The Monitor shall also have direct access to all arrest reports, warrants, and warrant applications whether or not contained in open criminal investigation files; where practicable arrest reports, warrants and warrant applications shall be obtained from sources other than open criminal investigation files.

a. The Monitor shall have access as Sensitive Data to documents prepared for and contained solely in open criminal investigations of LAPD employees reasonably necessary to monitor compliance with paragraph 67 (other than arrest reports, warrants and warrant applications, which shall be subject to the general access provisions). Except as provided in subpart (b) of this paragraph, the Monitor shall not have access to any other documents in criminal investigations files that have been open for less than ten months.

b. If the Monitor reasonably deems that access to documents contained solely in either (i) open criminal investigation files, which investigations have been open for more than ten months, or (ii) open criminal investigation files of LAPD employees, which investigations have been open for less than ten months, is necessary to carry out the duties assigned to the Monitor by this Agreement, the Monitor shall notify in writing the DOJ and the City of the need for such documents. After notification by the Monitor, either the DOJ or the City may respond in writing to the Monitor within ten days (excluding weekends, and federal or state holidays) if either have any objection to such access. If the parties and the Monitor are unable to resolve any such objection, and the Monitor continues to believe that the documents in question are reasonably necessary to assist the Monitor, the Monitor may seek Court authorization for access to such documents, subject to any appropriate protective orders. Any documents obtained by this procedure shall be treated as "Sensitive Data."

171. The access provisions of the previous paragraphs do not apply to documents contained solely in Anti-Terrorist Division ("ATD") files, or solely in intelligence files or investigative notes files or similar files of joint task forces with other law enforcement agencies.

172. The Department shall provide the Monitor with (i) copies of all reports of specified audits, sting audits, audits or reports pursuant to paragraphs 88, 89 (including Police Commission documentation), 111, 113, 125, 126,133, 134 and the Quarterly Audit Reports required by paragraph 124, within ten days after receipt by the Commission, and (ii) copies of the Annual Audit Plan, within ten days after approval by the Commission.

173. The Monitor shall file with the Court quarterly written, public reports detailing the City's compliance with and implementation of each substantive provision of this Agreement. These reports shall be written with due regard for the privacy interests of individual officers and the interest of the City and the Department in protecting against disclosure of Sensitive Data and non-public information. At least five days (excluding weekends and federal or state holidays) before filing a report, the Monitor shall provide a copy of the draft to the parties for input as to whether any factual errors were made or whether any Sensitive Data or non-public information is disclosed. The Monitor shall consider the parties' responses and make appropriate changes, if any, before issuing the report. The Monitor may testify in this case regarding any matter relating to the implementation, enforcement or dissolution of this Agreement; provided, however, that such testimony shall be given with due regard for the privacy interests of individual officers and the interest of the City and the Department in protecting against disclosure of Sensitive Data and non-public information. In the event that such testimony proffered by the DOJ may relate to specific officers or other individuals or involve Sensitive Data or non-public information, the DOJ shall provide reasonable notice.

174. Except as required or authorized by the terms of this Agreement, the parties acting together, or by the Court: the Monitor shall not make any public statements or issue findings with regard to any act or omission of the City, or its agents, representatives, or employees; or disclose Sensitive Data or non-public information provided to the Monitor pursuant to the Agreement. The Monitor shall not testify in any other litigation or proceeding with regard to any act or omission of the City, the Department, or any of their agents, representatives, or employees related to this Agreement or regarding any matter or subject that the Monitor may have received knowledge of as a result of his or her performance under this Agreement. Unless such conflict is waived by the parties, the Monitor shall not accept employment or provide consulting services that would present a conflict of interest with the Monitor's responsibilities under this Agreement, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant's or claimant's attorney, in connection with a claim or suit against the City or its departments, officers, agents or employees. The Monitor, as an agent of the Court, is not a state or local agency, or an agent thereof, and accordingly the records maintained by the Monitor shall not be deemed public records subject to public inspection within the meaning of California Government Code Sec. 6250 et seq. The Monitor shall not be liable for any claim, lawsuit, or demand arising out of the Monitor's performance pursuant to this Agreement. Provided, however, that this paragraph does not apply to any proceeding before this Court related to performance of contracts or subcontracts for monitoring this Agreement.

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General Information Special Litigation Section
 
Leadership
Jonathan M. Smith
Chief
Contact
Special Litigation Section
(202) 514-6255
toll-free at (877) 218-5228

FAX - (202) 514-0212
Alt. FAX - (202) 514-6273
Email - Special.Litigation@usdoj.gov
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