LA Consent Decree -- Sections IV thru IX
IV. MANAGEMENT OF GANG UNITS
106. The LAPD has developed and shall continue to implement a protocol that includes
the following requirements for managing and supervising all LAPD units that are primarily
responsible for monitoring or reducing gang activity, including the Special Enforcement Units:
a. Each unit shall be assigned to an Area or Bureau, and shall be managed
and controlled by the Area or Bureau command staff where it is assigned. The
Bureau gang coordinators and the citywide gang coordinator (the Detective
Support Division Commanding Officer) coordinate the Bureau-wide and citywide
activities of these units, provide training and technical assistance, and are
involved in coordinating and providing information for the audits of these units.
b. Eligibility criteria for selection of a non-supervisory officer in these units
shall include that officers have completed probation, have acquired a minimum
number of years as a police officer in the LAPD, and have demonstrated
proficiency in a variety of law enforcement activities, interpersonal and
administrative skills, cultural and community sensitivity, and a commitment to
police integrity. Without the prior written approval of the Chief of Police, a non-supervisory officer shall not be reassigned to a unit until 13 LAPD Deployment
Periods have elapsed since their previous assignment in these units.
c. Eligibility criteria for selection as a supervisor in these units shall include
that supervisors have one year experience as a patrol supervisor, have been
wheeled from their probationary Area of assignment, and have demonstrated
outstanding leadership, supervisory, and administrative skills. In addition,
without the prior written approval of the Chief of Police, an individual shall not be
selected as a supervisor in these units until 13 LAPD Deployment Periods have
elapsed since the individual's previous assignment in these units as an officer or
supervisor.
d. Supervisors and non-supervisory officers in these units shall have a limited
tour assignment to these units, for a period not to exceed 39 LAPD Deployment
Periods. An extension of such assignment for up to three LAPD Deployment
Periods may be granted upon the written approval of the Bureau commanding
officer. Any longer extension shall be permitted upon written approval of the
Chief of Police.
e. Unit supervisors and non-supervisory officers shall continue to: (i) be
subject to existing procedures for uniformed patrol officers regarding detention,
transportation, arrest, processing and booking of arrestees and other persons; (ii)
wear Class A or Class C uniforms (and may not wear clothing with unauthorized
insignias identifying them as working at a particular unit); (iii) use marked police
vehicles for all activities; (iv) check out and return all field equipment from the
Area kit room on a daily basis; (v) attend scheduled patrol roll calls; (vi) base all
unit activities out of the concerned Area station; and (vii) not use off-site locations
at night other than LAPD primary area stations for holding arrestees (including
interviews) or interviewing witnesses; provided, however, that the foregoing does
not apply to interviews at the scene of a crime, interviews in connection with a
canvass of a scene, or when the witness requests to be interviewed at a different
location. Any exceptions from these requirements shall require the approval of
the appropriate managers, and shall be for a specified, limited period of time.
Exceptions to the requirements set forth in subparagraphs (ii) and (iii) shall be in
writing.
f. A unit supervisor shall provide a daily field presence and maintain an
active role in unit operations. Unit supervisors shall brief the Area watch
commander regularly regarding the activities of their unit, and shall coordinate
unit activities with other Area supervisors.
g. Area managers shall be responsible for ensuring that supervisors exercise
proper control over these units, and for providing oversight over planned tactical
operations.
h. Each Bureau gang coordinator shall be responsible for monitoring and
assessing the operation of all units in the Bureau that address gang activity. The
coordinator shall personally inspect and audit at least one Area unit each month,
and shall submit copies of completed audits to the pertinent Bureau and Area,
OHB Detective Support Division Command office, and the LAPD Audit Unit
created in paragraph 124 below. The coordinator may use bureau staff to conduct
such audits who themselves serve in a Bureau or Area gang-activity unit and are
deployed in the field to monitor or reduce gang activity.
The provisions of this paragraph do not apply to the Detective Support Division's gang unit
whose primary, gang-related responsibility is to provide administrative support.
107. In addition to the requirements set forth in the preceding paragraph, the LAPD
shall implement the following requirements, which shall be applicable to all LAPD units that are
covered by the preceding paragraph.
a. The eligibility criteria for selection of an officer in these units shall require
a positive evaluation of the officer based upon the officer's relevant and
appropriate TEAMS II record. Supervisors shall be required to document in
writing their consideration of any sustained Complaint Form 1.28 investigation,
adverse judicial finding, or discipline for use of excessive force, a false arrest or
charge, an improper search and seizure, sexual harassment, discrimination, or
dishonesty in determining whether an officer shall be selected for the unit.
b. The procedures for the selection of supervisors and non-supervisory
officers in these units shall include a formal, written application process, oral
interview(s), and the use of TEAMS II and annual performance evaluations to
assist in evaluating the application.
c. Without limiting any other personnel authority available to the
Department, during a supervisor's or non-supervisory officer's assignment tour in
these units, a sustained complaint or adverse judicial finding for use of excessive
force, a false arrest or charge, an unreasonable search or seizure, sexual
harassment, discrimination, or dishonesty, shall result in the officer's supervisor
reviewing the incident and making a written determination as to whether the
subject officer should remain in the unit.
V. CONFIDENTIAL INFORMANTS
108. The LAPD has developed and shall continue to implement procedures for the
handling of informants. The procedures include and LAPD shall continue to require the
following:
a. The use of informants by LAPD personnel is limited to those non-uniformed personnel assigned to investigative units, such as, Area Detectives,
Narcotics Division, and Specialized Detective Divisions. Personnel in uniform
assignments shall not maintain or use informants.
b. An officer desiring to utilize an individual as an informant shall identify
that person by completing an informant control package.
c. The officer shall submit that package to his or her chain-of-command
supervisor for review and approval by the appropriate manager prior to utilizing
that individual as an informant, which review shall be for completeness and
compliance with LAPD procedures.
d. Each informant shall be assigned a Confidential Informant ("CI") number.
e. The commanding officer shall be responsible for ensuring that informant
control packages are stored in a secure location that provides for restricted access
and sign-out approval by the officer in charge or watch commander. There shall
be a written record including each accessing officer's name and date of access in
the informant control package.
f. Informant control packages shall not be retained beyond end of watch
without approval of the officer in charge or watch commander.
g. Whenever information is supplied by an informant whom the investigating
officer has not used as a source within the past three months, the officer shall
check the Department-wide undesirable informant file and update the individual's
informant control package prior to acting on such information.
h. Investigating officers shall be required to confer with a supervisor prior to
meeting with an informant; document all meetings, significant contacts, and
information received from an informant in the informant control package; inform
their supervisor of any contact with an informant; and admonish the informant
that he or she shall not violate any laws in the gathering of information.
i. Supervisors shall be required to meet with each confidential informant at
least once prior to the information control package being submitted to the
commanding officer. The quality of supervisors' oversight with respect to
adherence to LAPD guidelines and procedures regarding informant use by officers
under his or her command and such supervisors' own adherence thereto, shall be
factors in such supervisor's annual personnel performance evaluation.
j. Whenever an officer takes action based on information supplied by an
informant, the officer shall document the information supplied, and the results of
the investigation, in the individual's informant control package.
109. The LAPD shall establish a permanent Department-wide confidential database or
listing of all LAPD confidential informants except those listed by the Anti-Terrorist Division and
those used in conjunction with another agency, containing the following information:
Confidential Informant number, name, aliases, and date of birth.
110. Within six months of the effective date of this Agreement, the LAPD shall publish
a confidential informant manual which further expands and defines the procedures for identifying
and utilizing informants, and which will include all of the requirements set out in paragraphs and
109.
VI. DEVELOPMENT OF PROGRAM FOR RESPONDING TO PERSONS WITH
MENTAL ILLNESS
111. Within one year of the effective date of this Agreement, the Department shall: (a)
conduct an in-depth evaluation of successful programs in other law enforcement agencies across
the United States dealing with police contacts with persons who may be mentally ill; and (b)
conduct an in-depth evaluation of LAPD training, policies, and procedures for dealing with
persons who may be mentally ill, including detailed reviews of at least ten incidents since
January 1, 1999 in which a person who appeared to be mentally ill was the subject of a
Categorical Use of Force and at least 15 incidents since January 1, 1999 in which the LAPD
mental health evaluation unit was contacted.
112. Within 13 months of the effective date of this Agreement, the LAPD, based upon
its analysis required by the preceding paragraph, shall prepare a report for the Police Commission
detailing the results of its analysis and recommending appropriate changes in policies,
procedures, and training methods regarding police contact with the persons who may be mentally
ill with the goal of de-escalating the potential for violent encounters with mentally ill persons.
The recommendation shall include a proposal on potential methods for tracking calls and
incidents dealing with persons who may appear to be mentally ill. The Police Commission shall
forward its reports and actions regarding any appropriate new or modifications to existing
policies, practices, or training methods regarding police contact with persons who may be
mentally ill to the City Council and Mayor.
113. Within one year of the date of receipt by the Police Commission of the report
required in the preceding paragraph, but in no case more than 32 months after the effective date
of this Agreement, the Department shall complete an audit to evaluate LAPD handling of calls
and incidents over the previous one year period involving persons who appear to be mentally ill.
The audit and evaluation shall include any new policies, procedures and training methods
implemented pursuant to the preceding paragraph and shall specify any additional modifications
necessary in the Department's policies, procedures or training to meet the objectives specified in
the preceding paragraph.
VII. TRAINING
A. FTO Program
114. The Department shall continue to implement formal eligibility criteria for Field
Training Officers ("FTO"). The criteria require, inter alia, demonstrated analytical skills,
demonstrated interpersonal and communication skills, cultural and community sensitivity,
diversity, and commitment to police integrity. The criteria shall be expanded to require a
positive evaluation of the officer based upon the officer's TEAMS II record. Managers shall
comply with paragraphs 47(g) or 51, as appropriate, in selecting officers to serve as FTOs.
115. Without limiting any other personnel authority available to the Department, FTOs
may be removed during their tenure for acts or behaviors that would disqualify the officer from
selection as an FTO.
116. The LAPD shall continue to implement a plan to ensure that FTOs receive
adequate training, including training to be an instructor and training in LAPD policies and
procedures, to enable them to carry out their duties. FTOs' annual personnel performance
evaluations shall include their competency in successfully completing and implementing their
FTO training. The LAPD shall provide regular and periodic re-training on these topics.
B. Training Content
117. The LAPD shall continue to provide all LAPD recruits, officers, supervisors and
managers with regular and periodic training on police integrity. Such training shall include and
address, inter alia:
a. the duty to report misconduct and facts relevant to such misconduct;
b. what constitutes retaliation for reporting misconduct, the prohibition
against retaliation for reporting misconduct, and the protections available to
officers from retaliation;
c. cultural diversity, which shall include training on interactions with persons
of different races, ethnicities, religious groups, sexual orientations, persons of the
opposite sex, and persons with disabilities, and also community policing;
d. the role of accurately completing written reports in assuring police
integrity, and the proper completion of such reports;
e. Fourth Amendment and other constitutional requirements, and the policy
requirements set forth in paragraphs 102-103, governing police actions in
conducting stops, searches, seizures, making arrests and using force; and
f. examples of ethical dilemmas faced by LAPD officers and, where
practicable given the location, type, and duration of the training, interactive
exercises for resolving ethical dilemmas shall be utilized.
118. The Department shall train all members of the public scheduled to serve on the
Board of Rights in police practices and procedures.
119. The City may establish a plan to annually provide tuition reimbursement for
continuing education for a reasonable number of officers in subjects relevant to this Agreement,
including subjects which will promote police integrity and professionalism. Such educational
programs shall be attended while officers are off-duty.
120. The LAPD shall establish procedures for supervisors and officers of the LAPD to
communicate to the LAPD Training Group any suggestions they may have for improving the
standardized training provided to LAPD officers, and to make written referrals to the appropriate
LAPD official regarding suggestions about LAPD policies or tactics.
C. Supervisory Training
121. The LAPD shall provide all officers promoted to supervisory positions,
up to and including the rank of Captain, with training to perform the duties
and responsibilities of such positions. Such LAPD officers and supervisors shall
be provided with such training before they assume their new supervisory positions,
except for those officers promoted to the rank of Captain, who shall have at
least commenced their Command Development training before they assume their
new positions.
122. The LAPD shall provide regular and periodic supervisory training on reviewing
the reports addressed in this Agreement, incident control, and ethical decision making.
123. The LAPD shall ensure that any supervisor who performs, or is expected to
perform, administrative investigations, including chain of command investigations of uses of
force and complaints, receives training on conducting such investigations.
VIII. INTEGRITY AUDITS
A. Audit Plan
124. By June 1, 2001, and prior to the beginning of each fiscal year thereafter, the
Chief of Police shall submit to the Police Commission, with a copy to the Inspector General, a
listing of all scheduled audits of the LAPD to be conducted by the LAPD in the upcoming fiscal
year, other than sting audits (the "Annual Audit Plan"). The Annual Audit Plan shall include all
specified audits required to be conducted by the LAPD, and any other audits required by this
Agreement, including the audits required by paragraphs 111, 113, 133 and 134. The Police
Commission shall review this Annual Audit Plan, and following consultation with the Chief of
Police, shall make appropriate modifications, and approve it. The Chief of Police shall report to
the Commission quarterly, with a copy to the Inspector General, on the status of audits listed in
the Annual Audit Plan, including any significant results of such audits conducted by the LAPD
("Quarterly Audit Report"). The Department shall create and continue to have an audit unit
within the office of the Chief of Police (the "Audit Unit") with centralized responsibility for
developing the Annual Audit Plan, coordinating and scheduling audits contemplated by the
Annual Audit Plan and ensuring timely completion of audits, and conducting audits as directed
by the Chief of Police. The Audit Unit shall be established effective July 1, 2001, in connection
with the adoption of the City's 2001-2002 Budget, with positions to be filled as quickly as
reasonably possible in accordance with applicable civil service provisions. Audits contemplated
by the Annual Audit Plan may be conducted by the Audit Unit or by other LAPD units, as
appropriate, provided, however, that the Audit Unit shall take over responsibility for conducting
those audits contemplated by paragraphs 128 and 129 once that Unit is established. The Audit
Unit shall serve as a resource to other LAPD units in the conduct of audits and shall also
periodically assess the quality of audits performed by other LAPD units. In the event the LAPD
desires to amend the Annual Audit Plan, it may do so in the Quarterly Audit Report; provided,
however, that the Annual Audit Plan shall include the specified audits to be conducted by the
LAPD. Each audit conducted by the Department shall be documented in a report that provides
the audit's methodology, data sources, analysis of the data and conclusions.
125. Prior to July 1, 2001, the LAPD shall conduct the following audits:
a. a stratified random sample of warrant applications and affidavits used
to support warrant applications, consistent with paragraph 128;
b. a stratified random sample of arrest, booking, and charging reports,
consistent with paragraph 128;
c. a stratified random sample of confidential informant control packages,
consistent with paragraph 128; and
d. the work product of all LAPD units covered by paragraph 106 consistent
with paragraph 131.
126. By November 1, 2001, the LAPD shall conduct an audit of a stratified random
sample of all use of force reports consistent with paragraph 128.
B. Audits by the LAPD
127. Sting audits shall not be reported in the Quarterly Audit Report, rather the results
of all sting audits shall be reported to the Police Commission and the Inspector General by the
Chief of Police within two weeks of the Chief's receipt of each sting audit report.
128. LAPD shall conduct regular, periodic audits of stratified random samples of 1)
warrant applications and affidavits used to support warrant applications; 2) arrest, booking, and
charging reports; 3) use of force reports; 4) all motor vehicle stops and pedestrian stops that are
required to be documented in the manner specified in paragraphs 104 and 105; and 5)
confidential informant control packages. The review of these documents shall entail, at a
minimum, a review for completeness of the information contained and an authenticity review to
include an examination for "canned" language, inconsistent information, lack of articulation of
the legal basis for the applicable action or other indicia that the information in the document is
not authentic or correct. The review shall also assess the information in the documents to
determine whether the underlying action was appropriate, legal, and in conformance with LAPD
procedures. To the extent possible from a review of such samples, the audit shall also evaluate
the supervisory oversight of the applicable incident and any post-incident review.
129. The LAPD shall conduct regular, periodic audits of random samples of: (i) all
Categorical Use of Force investigations; (ii) all Non-Categorical Use of Force investigations; and
(iii) all Complaint Form 1.28 investigations. These audits shall assess:
a. the timeliness of completing the investigations, and satisfying the
requirements of paragraphs 67, 81 and 87 where applicable;
b. the completeness of the investigation file, including whether the file
contains all appropriate evidence and documentation, or, if evidence is missing, an
explanation of why the evidence is missing;
c. a comparison of the officer, complainant, and witness statements with the
investigator's summaries thereof, where applicable;
d. the adequacy of the investigation, including the application of the
standards set forth in paragraphs 80-86; and
e. the appropriateness of IAG's determinations under paragraph 79.
130. The LAPD shall annually report to the Commission, with a copy to the Inspector
General, the type of complaint allegations it receives and the disposition (including sustained
rate) and discipline or lack of discipline resulting from each type of allegation. This report shall
include both the allegations received and any collateral misconduct discovered during the
investigation. This report shall list the above information for each type of allegation as well as
summarize aggregate information by geographic division (department, bureau, area, and district),
officer rank, and type of assignment.
131. The LAPD shall conduct regular periodic audits of the work product of all LAPD
units covered by paragraph 106. These audits shall be conducted by OHB Detective Support
Division. Each such audit shall include:
a. auditing a random sample of the work of the unit as a whole and further
auditing the work of any individual officers whose work product the auditor has
observed contains indicia of untruthfulness, other forms of misconduct, or
otherwise merits further review;
b. assessing compliance with the selection criteria set forth in paragraphs 106
and 107;
c. an audit of the type set forth in paragraph 128;
d. auditing the use of confidential informants by such units to assess
compliance with paragraph 108;
e. auditing the roles and conduct of supervisors of these units;
f. reviewing the incidents requiring supervisory review pursuant to paragraphs
62, 64, 68, 70, and 71, assessing the supervisor's response, and examining the
relationships of particular officers working together or under particular supervisors
in such incidents to determine whether additional investigation is needed to
identify at-risk practices; and
g. the audit shall draw conclusions regarding the adherence of the unit to the
law, LAPD policies and procedures, and this Agreement, and shall recommend a
course of action to correct any deficiencies found.
132. The LAPD shall require regular and periodic financial disclosures by all LAPD
officers and other LAPD employees who routinely handle valuable contraband or cash. The
LAPD shall periodically audit a random sample of such disclosures to ensure their accuracy.
When necessary, the LAPD shall require the necessary waivers from such officers.
133. Within 18 months of the effective date of this Agreement, the Department shall
audit police officer and supervisory officer training, using independent consultants who have
substantial experience in the area of police training. The audit shall assess: ways in which LAPD
training could be improved (i) to reduce incidents of excessive use of force, false arrests, and
illegal searches and seizures and (ii) by making greater use of community-oriented-policing
training models that take into account factors including paragraph 117(c).
134. Eighteen months after the effective date of this Agreement, the Department shall
complete a review and audit of all uses of force resulting in skeletal fractures known to the
LAPD. The audit shall review and evaluate: 1) the frequency of occurrence of skeletal fractures,
by officers and groups of officers, and the types of force that produced the fractures; 2) medical
care provided to persons who sustain such a fracture where the medical care is provided while
the person is in the custody of the Department, or provided at another time and the Department
knows of the fracture; 3) the quality, thoroughness, disposition, and timeliness of the chain of
command investigation and review of uses of force resulting in fractures, pursuant to paragraph
68; and 4) frequency and outcome of complaints where the complainant allegedly received such a
fracture. Such audit shall analyze the circumstances giving rise to the use of force and resulting
fracture, and the Department's response to such injuries. The audit shall recommend potential
reforms to Department policies and procedures with the goal of minimizing and promptly
treating such fractures, including the feasibility and desirability of including uses of force
resulting in fractures within the definition of a Categorical Use of Force, as appropriate.
C. Inspector General Audits
135. The Inspector General shall be provided with copies of all reports of specified
audits prepared by the LAPD and audits prepared in compliance with paragraphs 111, 113, 125,
126, 133 and 134 within one week of the completion thereof, and with copies of all sting audits
as required by paragraph 127. The Inspector General shall evaluate all such audits to assess their
quality, completeness and findings. Upon request from the Inspector General, the LAPD shall
forward any other LAPD audit report requested to the Inspector General within one week of such
request, and the Inspector General, at his or her discretion where he or she deems appropriate, or
upon direction from the Commission, may evaluate these audits. The Inspector General shall
deliver its evaluations in writing to the Police Commission.
136. The Inspector General shall continue to review all Categorical Use of Force
investigations. The Inspector General also shall conduct a regular, periodic audit and review of a
stratified random sample of: (i) all Non-Categorical Uses of Force; and (ii) Complaint Form 1.28
investigations. Both of these types of reviews shall assess the quality, completeness, and
findings of the investigations and shall include determinations of whether the investigations were
completed in a timely manner, summarized and transcribed statements accurately match the
recorded statements, all available evidence was collected and analyzed, and the investigation was
properly adjudicated. The Inspector General shall promptly report its findings from these
reviews in writing to the Police Commission.
137. The Inspector General, between 6-12 months following implementation of
TEAMS II and on a regular basis thereafter, shall audit the quality and timeliness of the LAPD's
use of TEAMS II to perform the tasks identified in the protocol described in paragraph 47 above.
138. The Inspector General shall periodically use TEAMS II to conduct audits of the
LAPD and to review LAPD unit specific and officer specific audits conducted by the LAPD.
Such audits and reviews shall include procedures that:
a. examine and identify officers demonstrating at-risk behavior as determined
by their history of (i) administrative investigations, (ii) misconduct complaints,
(iii) discipline, (iv) uses of lethal and non-lethal force, (v) criminal or
civil charges or lawsuits, (vi) searches and seizures, (vii) racial bias, (viii)
improper arrests or (ix) any other matter requested by the Police Commission
or, subject to Charter section 573, any other improper conduct or at-risk behavior
the Inspector General has reason to believe exists;
b. examine and identify at-risk practices or procedures as determined by
trends within a unit or between and among units using, at a minimum, the criteria
in subsection (a) above.
139. The Inspector General may receive complaints from LAPD employees alleging
retaliation for reporting possible misconduct or at-risk behavior. The Inspector General shall
record and track the allegations in such complaints. If the Inspector General determines that such
complaints indicate possible retaliation in the Police Department's handling of complaints, the
Inspector General shall conduct an investigation and forward its findings to the Police
Commission. The Police Commission shall work with the Inspector General to develop and
implement retaliation complaint investigation protocols that will protect, to the maximum extent
permitted by law, the confidentiality of the identity of the person reporting retaliation to the
Inspector General
140. The Police Commission may identify subjects for audits and direct either the
LAPD or the Inspector General to conduct such audits. The LAPD and Inspector General shall
conduct such audits as directed by the Commission and shall report the audit results to the
Commission within the time frames established by the Commission. Subject to Charter Section
573, the Inspector General shall continue to have the authority to initiate other audits.
IX. OPERATIONS OF THE POLICE COMMISSION & INSPECTOR GENERAL
A. Police Commission
141. This Agreement sets forth obligations of the Commission, Inspector General and
Chief of Police; however, it in no way constrains them from exercising their powers and
satisfying their duties set forth in the Charter and other applicable law.
142. The Commission and Inspector General shall continue to review and evaluate all
Categorical Uses of Force. The Commission shall determine whether the officer's conduct
conforms with LAPD policies, procedures, and the requirements of this Agreement, and so
inform the Chief of Police. The Commission shall annually issue a publicly available report
detailing its findings regarding these incidents.
143. The Commission shall review the specified audit reports, the sting audit
reports, and the audits required by paragraphs 111, 113, 125, 126, 133, and
134 to determine whether any changes or modifications in LAPD policies are necessary.
In addition, the Police Commission shall consider the results of such audits
in its annual evaluation of the Chief of Police. The Police Commission shall
exercise its authority to review and approve all new LAPD policies and procedures
or changes to existing LAPD policies and procedures that are made to address
the requirements of this Agreement. Review and approval of procedures, or changes
to existing procedures that are made to address the requirements of this Agreement,
by the Chief of Police (or his or her designee) affecting only procedure (and
not policy) may be obtained on a ratification basis by placement of such item
on the Commission agenda within 14 days of the date of the action by the Chief
or designee, and the Commission must approve, disapprove, or require modification
of such item within 14 days of receipt. All new policies, or changes to existing
policies, must be reviewed and approved by the Commission prior to implementation.
144. Under the Charter, the Commission is required to conduct an annual review of the
Chief of Police. Such a review is intended to be an overall assessment of the Police Chief's
performance as the chief administrative officer of the LAPD, including as it relates to satisfaction
of universal performance goals applicable to chief administrative officers, budgeting goals and
other goals determined by the Commission. In conducting such review, the Commission shall
also consider the Police Chief's responses to use of force incidents and complaints of officer
misconduct, assessment and imposition of discipline and those matters described in paragraphs
67, 88, 89, 106, 124, 127, and 143.
145. The Commission shall investigate all misconduct complaints against the Chief of
Police and may use its staff, the Inspector General, or authorized contractors to conduct such
investigations.
146. The Commission shall continue to review and approve the LAPD's budget
requests.
B. Inspector General
147. The Inspector General shall be notified in a timely manner of all Categorical Uses
of Force and be entitled to be present, at his or her discretion, as an observer on all Categorical
Use of Force "roll outs". The Inspector General shall report to the Commission in the event that
the Inspector General's observations at the scene of an incident raise issues regarding
conformance with LAPD policies, procedures, and the requirements of this Agreement.
148. The Inspector General may attend any Use of Force Review Board meeting. The
Inspector General may interview any participant in such hearing after the conclusion of the
hearing.
149. The LAPD shall promptly provide the Inspector General with any documents or
other information requested by the Inspector General related to the Inspector General's
responsibilities under this Agreement. The Inspector General shall develop and provide the
LAPD with a list of reports, complete with time-frames and frequency of their production, that
the LAPD shall provide to the Inspector General on a specified schedule in order for the
Inspector General to fulfill his or her responsibilities under this Agreement, which list may be
updated from time to time by the Inspector General.
150. The Inspector General shall accept complaints from LAPD officers regarding
matters which the Inspector General has authority to investigate, and the Inspector General shall
not disclose the identity of an individual without the consent of the employee from whom a
complaint or information has been received, unless such disclosure is unavoidable in order to
effectively investigate an allegation or is otherwise required by law or the Los Angeles Office of
the City Attorney; provided, however, that the Inspector General shall disclose the identity of
such individual to the Police Commission, upon request.
151. Paragraphs 139 and 150 do not relieve officers of their obligations described in
paragraphs 65, 77, 78 and 82.
152. The LAPD shall continue to provide the Inspector General with all complaint
intake information, including the assignment for investigation, within one week after its receipt
by IAG. The Inspector General shall review such information to ensure that complaints are being
received in a manner that complies with LAPD policies and procedures, and the terms of this
Agreement.
153. The Inspector General shall keep the Commission informed of the status of all
pending investigations and audits to be performed by the Inspector General hereunder.
C. General
154. Reviews, audits and reports required hereunder to be made by the Commission,
the Inspector General or the Department may contain recommendations to correct
deficiencies. The identification of deficiencies in such reviews, audits or
reports shall not be a breach of this Agreement, rather the City, including
the Department, shall take appropriate, timely and reasonable steps to remedy
such deficiencies.
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Updated July 25, 2008