II. MANAGEMENT AND SUPERVISORY MEASURES TO PROMOTE CIVIL RIGHTS INTEGRITY
A. TEAMS II [Computer Information System]
39. The City has taken steps to develop, and shall establish a database containing relevant information about its officers, supervisors, and managers to promote professionalism and best policing practices and to identify and modify at-risk behavior (also known as an early warning system). This system shall be a successor to, and not simply a modification of, the existing computerized information processing system known as the Training Evaluation and Management System ("TEAMS"). The new system shall be known as "TEAMS II".
40. The Commission, the Inspector General, and the Chief of Police shall each have equal and full access to TEAMS II, and may each use TEAMS II to its fullest capabilities in performing their duties and responsibilities, subject to restrictions on use of information contained in applicable law. To the extent that highly sensitive information is contained in TEAMS II, the Commission may impose an identical access restriction on itself and the Inspector General to such information, provided that no such access restriction may in any way impair or impede implementation of this Agreement. The Department shall establish a policy with respect to granting or limiting access to TEAMS II by all other persons, including the staff of the Commission and the Inspector General, but excluding DOJ and the Monitor, whose access to TEAMS II is governed by paragraphs 166, 167, and 177.
41. TEAMS II shall contain information on the following matters:
a. all non-lethal uses of force that are required to be reported in LAPD "use of force" reports or otherwise are the subject of an administrative investigation by the Department;
b. all instances in which a police canine bites a member of the public;
c. all officer-involved shootings and firearms discharges, both on-duty and off-duty (excluding training or target range shootings, authorized ballistic testing, legal sport shooting events, or those incidents that occur off-duty in connection with the recreational use of firearms, in each case, where no person is hit by the discharge);
d. all other lethal uses of force;
e. all other injuries and deaths that are reviewed by the LAPD Use of Force Review Board (or otherwise are the subject of an administrative investigation);
f. all vehicle pursuits and traffic collisions;
g. all Complaint Form 1.28 investigations;
h. with respect to the foregoing clauses (a) through (g), the results of adjudication of all investigations (whether criminal or administrative) and discipline imposed or non-disciplinary action taken;
i. all written compliments received by the LAPD about officer performance;
j. all commendations and awards;
k. all criminal arrests and investigations known to LAPD of, and all charges against, LAPD employees;
l. all civil or administrative claims filed with and all lawsuits served upon the City or its officers, or agents, in each case resulting from LAPD operations, and all lawsuits served on an officer of the LAPD resulting from LAPD operations and known by the City, the Department, or the City Attorney's Office;
m. all civil lawsuits against LAPD officers which are required to be reported to the LAPD pursuant to paragraph 77;
n. all arrest reports, crime reports, and citations made by officers, and all motor vehicle stops and pedestrian stops that are required to be documented in the manner specified in paragraphs 104 and 105;
o. assignment and rank history, and information from performance evaluations for each officer;
p. training history and any failure of an officer to meet weapons qualification requirements; and
q. all management and supervisory actions taken pursuant to a review of TEAMS II information, including non-disciplinary actions.
TEAMS II further shall include, for the incidents included in the database, appropriate additional information about involved officers (e.g., name and serial number), and appropriate information about the involved members of the public (including demographic information such as race, ethnicity, or national origin). Additional information on officers involved in incidents (e.g., work assignment, officer partner, field supervisor, and shift at the time of the incident) shall be determinable from TEAMS II.
42. The Department shall prepare and implement a plan for inputting historical data into TEAMS II (the "Data Input Plan"). The City shall have flexibility in determining the most cost effective, reliable and time sensitive means for inputting such data, which may include conversion of existing computerized databases. The Data Input Plan will identify the data to be included and the means for inputting such data (whether conversion or otherwise), the specific fields of information to be included, the past time periods for which information is to be included, the deadlines for inputting the data, and will assign responsibility for the input of the data. The City will use reasonable efforts to include historical data that are up-to-date and complete in TEAMS II. The amount, type and scope of historical data to be included in TEAMS II shall be determined by the City, after consultation with the DOJ, on the basis of the availability and accuracy of such data in existing computer systems, the cost of obtaining or converting such data, and the impact including or not including such data will have on the overall ability of the Department to use TEAMS II as an effective tool to manage at-risk behavior. The means and schedule for inputting such data will be determined by the City in consultation with DOJ, taking into consideration the above factors, as well as the City's ability to meet its obligations under paragraph 50. With regard to historic use of force data, the City shall make the determinations required by this paragraph for the beta version of TEAMS II required by paragraph 50(c) and again for the final version of TEAMS II.
43. TEAMS II shall include relevant numerical and descriptive information about each incorporated item and incident, and scanned or electronic attachments of copies of relevant documents (e.g., through scanning or using computerized word processing). TEAMS II shall have the capability to search and retrieve (through reports and queries) numerical counts, percentages and other statistical analyses derived from numerical information in the database; listings; descriptive information; and electronic document copies for (a) individual employees, LAPD units, and groups of officers, and (b) incidents or items, and groups of incidents or items. TEAMS II shall have the capability to search and retrieve this information for specified time periods, based on combinations of data fields contained in TEAMS II (as designated by the authorized user).
44. Where information about a single incident is entered in TEAMS II from more than one document (e.g., from a Complaint Form 1.28 and a use of force report), TEAMS II shall use a common control number or other equally effective means to link the information from different sources so that the user can cross-reference the information and perform analyses. Similarly, all personally identifiable information relating to LAPD officers shall contain the serial or other employee identification number of the officer to allow for linking and cross-referencing information.
45. The City shall prepare a design document for TEAMS II that sets forth in detail the City's plan for ensuring that the requirements of paragraphs 41, 43, and 44 are met, including: (i) the data tables and fields and values to be included pursuant to paragraphs 41 and 43 and (ii) the documents that will be electronically attached. The City shall prepare this document in consultation with the DOJ and the Monitor, and shall obtain approval for such design document from the DOJ, which approval shall not be unreasonably withheld.
46. The Department shall develop and implement a protocol for using TEAMS II, for purposes including supervising and auditing the performance of specific officers, supervisors, managers, and LAPD units, as well as the LAPD as a whole. The City shall prepare this protocol in consultation with the DOJ and the Monitor, and shall obtain approval for the protocol and any subsequent modifications to the protocol from the DOJ for matters covered by paragraph 47, which approval(s) shall not be unreasonably withheld. The City shall notify DOJ of proposed modifications to the protocol that do not address matters covered by paragraph 47 prior to implementing such modifications. In reviewing the protocol and the design document for approval, DOJ shall use reasonable efforts to respond promptly to the City in order to enable the City to meet the deadlines imposed by paragraph 50.
47. The protocol for using TEAMS II shall include the following provisions and elements:
a. The protocol shall require that, on a regular basis, supervisors review and analyze all relevant information in TEAMS II about officers under their supervision to detect any pattern or series of incidents that indicate that an officer, group of officers, or an LAPD unit under his or her supervision may be engaging in at-risk behavior.
b. The protocol shall provide that when at-risk behavior may be occurring based on a review and analysis described in the preceding subparagraph, appropriate managers and supervisors shall undertake a more intensive review of the officer's performance.
c. The protocol shall require that LAPD managers on a regular basis review and analyze relevant information in TEAMS II about subordinate managers and supervisors in their command regarding the subordinate's ability to manage adherence to policy and to address at-risk behavior.
d. The protocol shall state guidelines for numbers and types of incidents requiring a TEAMS II review by supervisors and managers (in addition to the regular reviews required by the preceding subparagraphs), and the frequency of these reviews.
e. The protocol shall state guidelines for the follow-up managerial or supervisory actions (including nondisciplinary actions) to be taken based on reviews of the information in TEAMS II required pursuant to this protocol.
f. The protocol shall require that managers and supervisors use TEAMS II information as one source of information in determining when to undertake an audit of an LAPD unit or group of officers.
g. The protocol shall require that all relevant and appropriate information in TEAMS II be taken into account when selecting officers for assignment to the OHB Unit established in paragraph 55, units covered by paragraph 106, pay grade advancement, promotion, assignment as an IAG investigator or as a Field Training Officer, or when preparing annual personnel performance evaluations. Complaints and portions of complaints not permitted to be used in making certain decisions under state law shall not be used in connection with such decisions and TEAMS II shall reflect this limitation by excluding such complaints and portions of complaints from the information that is retrieved by a query or report regarding such decisions. Supervisors and managers shall be required to document their consideration of any sustained administrative investigation, adverse judicial finding, or discipline against an officer in each case for excessive force, false arrest or charge, improper search or seizure, sexual harassment, discrimination, or dishonesty in determining when such officer is selected for assignment to the OHB Unit, units covered by paragraph 106, pay grade advancement, promotion, or assignment as an IAG investigator or as a Field Training Officer, or when preparing annual personnel performance evaluations.
h. The protocol shall specify that actions taken as a result of information from TEAMS II shall be based on all relevant and appropriate information, and not solely on the number or percentages of incidents in any category recorded in TEAMS II.
i. The protocol shall provide that managers' and supervisors' performance in implementing the provisions of the TEAMS II protocol shall be taken into account in their annual personnel performance evaluations.
j. The protocol shall provide specific procedures that provide for each LAPD officer to be able to review on a regular basis all personally-identifiable data about him or her in TEAMS II in order to ensure the accuracy of that data. The protocol also shall provide for procedures for correcting data errors discovered by officers in their review of the TEAMS II data.
k. The protocol shall require regular review by appropriate managers of all relevant TEAMS II information to evaluate officer performance citywide, and to evaluate and make appropriate comparisons regarding the performance of all LAPD units in order to identify any patterns or series of incidents that may indicate at-risk behavior. These evaluations shall include evaluating the performance over time of individual units, and comparing the performance of units with similar responsibilities.
l. The protocol shall provide for the routine and timely documentation in TEAMS II of actions taken as a result of reviews of TEAMS II information.
m. The protocol shall require that whenever an officer transfers into a new Division or Area, the Commanding officer of such new Division or Area shall promptly cause the transferred officer's TEAMS II record to be reviewed by the transferred officer's watch commander or supervisor. This shall not apply to probationary Police Officers I.
48. The LAPD shall train managers and supervisors, consistent with their authority, to use TEAMS II to address at-risk behavior and to implement the protocol described in paragraphs 46 and 47.
49. The City shall maintain all personally identifiable information about an officer included in TEAMS II during the officer's employment with the LAPD and for at least three years thereafter (unless otherwise required by law to be maintained for a longer period). Information necessary for aggregate statistical analysis shall be maintained indefinitely in TEAMS II. On an ongoing basis, the City shall make all reasonable efforts to enter information in TEAMS II in a timely, accurate, and complete manner, and to maintain the data in a secure and confidential manner consistent with the applicable access policy as established pursuant to paragraph 40.
50. TEAMS II shall be developed and implemented according to the following schedule:
a. Within three months of the effective date of this Agreement, the City shall submit the design document required by paragraph 45 to DOJ for approval. The City shall share drafts of this document with the DOJ and the Monitor to allow the DOJ and the Monitor to become familiar with the document as it develops and to provide informal comments on it. The City and the DOJ shall together seek to ensure that the design document receives formal approval within 30 days after it is submitted for approval. The City shall respond to any DOJ written comments or objections during the approval process within 10 days, excluding weekends and state and federal holidays. Such response shall explain the City's position and propose changes to the design document as appropriate to respond to DOJ's concerns.
b. Within 15 months of DOJ's approval of the design document pursuant to paragraph 50(a), the City shall submit the protocol for using TEAMS II required by paragraph 46 to DOJ for approval. The City shall share drafts of this document with the DOJ and the Monitor to allow the DOJ and the Monitor to become familiar with the document as it develops and to provide informal comments on it. The City and DOJ shall together seek to ensure that the protocol receives final approval within 60 days after it is presented for approval. The City shall respond to any DOJ written comments or objections during the approval process within 10 days, excluding weekends and state and federal holidays. Such response shall explain the City's position and propose any changes to the protocol as appropriate to respond to DOJ's concerns, together with a schedule for making the proposed changes.
c. Within 12 months of the approval of the design document pursuant to paragraph 50(a), the City shall have ready for testing a beta version of TEAMS II consisting of: (i) server hardware and operating systems installed, configured and integrated with the LAPD intranet; (ii) necessary data base software installed and configured; (iii) data structures created, including interfaces to source data; and (iv) the use of force information system completed, including, subject to paragraph 42, historic data. The DOJ and the Monitor shall have the opportunity to participate in testing the beta version using use of force data and test data created specifically for purposes of checking the TEAMS II system. As a beta version of TEAMS II becomes operational, it shall be used in conjunction with TEAMS I and Internal Affairs Group Form 1.80's to satisfy the requirements of paragraph 51 until TEAMS II is fully implemented.
d. The TEAMS II computer program and computer hardware shall be operational and implemented to the extent possible, subject to the completion of the protocol for using TEAMS II required by paragraph 46, within 21 months of the approval of the design document pursuant to paragraph 50(a).
e. TEAMS II shall be implemented fully within the later of 21 months of the approval of the design document pursuant to paragraph 50(a), or 6 months of the approval of the protocol for using TEAMS II pursuant to paragraph 50(b).
51. The LAPD shall, until such time as TEAMS II is implemented, utilize existing databases, information and documents to make certain decisions, as follows:
a. Selection of officers for assignment to the OHB Unit or as IAG investigators shall require that the LAPD review the applicable IAG Form 1.80's, and all pending complaint files for such officers, in conjunction with the officer's TEAMS I record.
b. Selection of officers as FTOs or for units covered by paragraph 106 shall require that the LAPD review the applicable TEAMS I record for such officer.
c. Whenever an officer transfers into a new Division or Area, the Commanding Officer of such new Division or Area shall promptly cause the transferred officer's TEAMS I record to be reviewed by the transferred officer's watch commander or supervisor. This shall not apply to Probationary Police Officers I..
d. To the extent available from the reviews required by this paragraph, supervisors and managers shall be required to document their consideration of any sustained administrative investigation, adverse judicial finding, or discipline against an officer, in each case, for excessive force, false arrest or charge, improper search or seizure, sexual harassment, discrimination, or dishonesty in determining when such officer is selected for assignment to the OHB Unit, units covered by paragraph 106, or assignment as an IAG investigator or Field Training Officer.
52. Following the initial implementation of TEAMS II, and as experience and the availability of new technology may warrant, the City may or may cause the Department to add, subtract, or modify data tables and fields, modify the list of documents electronically attached, and add, subtract, or modify standardized reports and queries. The City shall or shall cause the Department to consult with the DOJ and the Monitor before subtracting or modifying any data tables or data fields, or modifying the list of documents to be electronically attached, and make all reasonable modifications to the proposed alterations based on any objections by the DOJ.
B. Management and Coordination of Risk Assessment Responsibilities
53. The LAPD shall designate a unit within the Human Resources Bureau that is responsible for developing, implementing, and coordinating LAPD-wide risk assessments. Such unit shall be responsible for the operation of TEAMS II, and for ensuring that information is entered into and maintained in TEAMS II in accordance with this Agreement. Such unit further shall provide assistance to managers and supervisors who are using TEAMS II to perform the tasks required hereunder and in the protocol adopted pursuant to paragraphs 46 and 47 above, and shall be responsible for ensuring that appropriate standardized reports and queries are programmed to provide the information necessary to perform these tasks. Nothing in this Agreement shall preclude such unit from also having the responsibility for providing investigative support and liaison with the Office of the City Attorney.
C. Performance Evaluation System
54. Within 24 months of the effective date of this Agreement, the Department shall develop and initiate implementation of a plan consistent with applicable federal and state law and the City Charter, that ensures that annual personnel performance evaluations are prepared for all LAPD sworn employees that accurately reflect the quality of each sworn employee's performance, including with respect to: (a) civil rights integrity and the employee's community policing efforts (commensurate with the employee's duties and responsibilities); (b) managers' and supervisors' performance in addressing at-risk behavior including the responses to Complaint Form 1.28 investigations; (c) managers' and supervisors' response to and review of Categorical and Non-Categorical Use of Force incidents, review of arrest, booking, and charging decisions and review of requests for warrants and affidavits to support warrant applications; and (d) managers' and supervisors' performance in preventing retaliation. The plan shall include provisions to add factors described in subparts (a)-(d), above, to employees' job descriptions, where applicable.