Independent Monitor Pursuant to Consent Decree Between the United States and the City of Los Angeles with Respect to the Los Angeles Police Department
The City of Los Angeles (City) and the United States Department of Justice (DOJ) invite you to submit a proposal for services of Independent Monitor for the Consent Decree entered into by the City and the DOJ.
The City and the DOJ have entered into a Consent Decree, which was jointly filed with the United States Court for the Central District of California on November 3, 2000. It is anticipated that the Consent Decree will be entered by the Court before January 31, 2001. The purpose of the Consent Decree is to promote police integrity and prevent conduct that deprives person of rights, privileges, or immunities secured or protected by the constitution or laws of the United States. The Consent Decree addresses the following issues: management and supervisory measures to promote civil rights integrity; incidents, procedures, documentation, investigation, and review; management of gang units; confidential informants; development of program for responding to persons with mental illness; training; integrity audits; operations of the Police Commission and Inspector General; and community outreach. The Consent Decree requires that implementation of the various measures and practices required by the Consent Decree be monitored by an "Independent Monitor."
The City of Los Angeles consists of approximately 465 square miles with a population of approximately 3.8 million. The Los Angeles Police Department (Police Department) consists of approximately 3,000 civilian employees and over 9,000 sworn officers. Approximately 4,500 of these officers are directly involved in the field. The Police Department averages 890,000 calls for service a year. During 1999, Los Angeles Police officers arrested approximately 194,000 persons. There was an estimated 1,800 reportable Non-Lethal Uses of Force incidents involving those arrests. In 1999 approximately 1,300 search warrants were served and 577,000 traffic citations issued. In 1999, the Police Department investigated approximately 5,000 complaints of alleged officer misconduct.
The Police Department is overseen by a five member civilian commission appointed by the Mayor and confirmed by City Council. The Inspector General reports to the Board of Police Commissioners and is responsible for, among other things, auditing, investigating, and overseeing the Police Department's handling of complaints of misconduct by police officers and civilian employees and performing other duties as may be assigned by the Commission. The Chief of Police is appointed by the Mayor and confirmed by the City Council. The powers and duties of the Board of Police Commissioners, the Inspector General, and the Chief of Police are contained in the City Charter.
Scope of Work
The responsibilities and specific duties of the Independent Monitor are set forth in Sections II and XI of the Consent Decree (Paragraphs 45, 46, 50, 52, and 158-174). Please consider the provisions outlining the Independent Monitor's responsibilities, as well as the various provisions of the Consent Decree to be monitored, as you consider a response to this Request for Proposal. The Independent Monitor may associate individual(s) and/or subcontractor consultants as reasonably necessary to perform monitoring tasks, subject to the specific limitations identified in Paragraph 159 of the Consent Decree (Paragraphs 24 and 159). The Consent Decree and the City Charter are available on the City's website at www.lacity.org/lapd-reform and www.cityofla.org. (click on Council to access "vital City documents"), respectively. The Consent Decree is also available on the DOJ's website at www.usdoj.gov/crt/split/.
In order to monitor and report on the City's and Police Department's implementation of the Consent Decree, the duties of the Independent Monitor include:
1) Issuing written quarterly reports detailing the City's compliance with and implementation of each substantive provision of the Consent Decree for the term of the Consent Decree (Paragraph 173);
2) Consulting on the development of the computerized database required to be developed pursuant to the Consent Decree, called the Training Evaluation and Management System (TEAMS II), providing informal comments on the TEAMS II design document and protocol for use, and participating in testing of the beta version of TEAMS II (Paragraphs 45, 46, 50, and 52);
3) Reviewing the Police Department's, including the Inspector General's and Police Commission's, use of TEAMS II (Paragraph 162);
4) Reviewing audits required by the Consent Decree to be completed by the Police Department, including those audits to be completed by the Inspector General (Paragraph 162);
5) Reviewing appropriate samples of Police Department administrative investigations (use of force and complaints) and related adjudications, disciplinary, and non-disciplinary actions taken, and motor vehicle and pedestrian stop data collected pursuant to the requirements of the Consent Decree (Paragraph 162);
6) Performing additional reviews as the Independent Monitor deems appropriate to monitor implementation of each substantive provision of the Consent Decree (Paragraph 161);
7) Maintenance of all documents obtained from the City, Police Department, or DOJ in a confidential manner, and protection against disclosure of Sensitive Data and non-public information except as specifically provided for in the Consent Decree for statistical analysis, unit analysis or other analysis that does not identify particular individuals (Paragraphs 168, 173, and 174); and
8) Effective communication with various representatives of the City, the Police Commission, the Chief of Police, the Inspector General, and the DOJ (Paragraph 164).
The Independent Monitor, including all persons or entities associated by the "primary" Independent Monitor to assist in monitoring tasks (Paragraphs 24 and 158), shall be an agent of the Court and shall be subject to the supervision and orders of the Court, consistent with the Consent Decree. The Independent Monitor may testify in this case regarding any matter relating to the implementation, enforcement, or dissolution of the Consent Decree (Paragraph 173).
The Independent Monitor cannot testify in any other litigation or proceeding with regard to any act or omission of the City, Department, or any of their agents, representatives, or employees related to the Consent Decree or regarding any matter or subject that the Independent Monitor may have received knowledge of as a result of his/her performance as an Independent Monitor of the Consent Decree. The Independent Monitor cannot accept employment or provide consulting services that would present a conflict of interest with the Monitor's responsibilities, including being retained (on a paid or unpaid basis) by any future or current 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, unless such conflict is waived by both the City and the DOJ (Paragraph 174).
The Independent Monitor shall have full and direct access, with limitations as detailed in the Consent Decree, to Police Department employees, facilities, and documents. Personnel and document access provisions and limitations are detailed in Paragraphs 163 and 165 - 172 in the Consent Decree.
The Independent Monitor shall serve until the termination of the Consent Decree (Paragraph 179). The Consent Decree will be in effect for at least five years. The initial contract term will be for five years, with an option to extend for up to an additional two years. The Independent Monitor should expect to begin work no later than March 1, 2001.
Request for Proposal Process
After evaluation of the Consent Decree, the City and the DOJ invite you to submit a proposal for your engagement as Independent Monitor for the Consent Decree. The services sought under this proposal are considered to be professional services. The City and/or the DOJ reserve the right to reject or accept any proposal for reasons it deems appropriate. Copies of your proposal must be submitted to both the City and DOJ by 1:00 p.m. Pacific Standard time on January 16, 2001, as follows:
Please submit 10 copies of your proposal to:
Ronald F. Deaton
Chief Legislative Analyst
City of Los Angeles
Room 512, City Hall
200 N. Main Street
Los Angeles, CA 90012
Please submit 5 copies of your proposal to:
Steven H. Rosenbaum, Esq., Chief
Special Litigation Section
Civil Rights Division
Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(U.S. Mail Address)
601 D Street, N.W., Room 5114
Washington, D.C. 20004
(Overnight, Private Mail Delivery Address)
Your proposal must, at a minimum, include the information requested below in the section titled "Required Proposal Content."
The City and DOJ will expeditiously review the proposals received and conduct interviews of selected candidates/organizations. The Independent Monitor will be paid by the City and the terms of the contract will be based upon the accepted proposal, the Consent Decree, and applicable City contracting requirements (Attached).
Required Proposal Content
Executive Summary: Provide a brief description of the manner in which you would complete the project. The summary should include an outline of your proposed project team (e.g. individual(s) and/or subcontractor consultants proposed to be involved and reporting/responsibility hierarchy).
Qualifications: Describe your qualifications and experience in the following areas:
æµaw enforcement, law enforcement practices, and law enforcement practices monitor;
ç uditing, investigating, or reviewing performance of organizations (including experience in monitoring settlements or court orders);
èomputer technology and data management;
é²xperience in working with governmental agencies, municipalities, and collective bargaining units;
é²xperience appearing in court as an expert witness or in providing other types of testimony or as a judge or counsel;
èederal and California laws, policies, and rules governing police practices; and
ånformation relevant to your ability to satisfy the attributes outlined in Paragraph 158 of the Consent Decree: Paragraph 158 of the Consent Decree provides for an Independent Monitor selection process that would apply in the event that the DOJ and City are unable to agree on an Independent Monitor or an alternative method of selection. Under that process both the DOJ and City will submit two names of persons to the Court who meet certain attributes. Those attributes are stated in Paragraph 158 as "(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 [Police] 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 [Police] Department or any of their officers, agents or employees, unless waived by the parties."
Experience: Provide a brief description of current or recent (within past 5-8 years) project experience relevant to the monitoring tasks sought in this RFP. List references for each project listed, including the name of the organization, contact person, title, address, and telephone number. If available, submit non-confidential work products that are similar to the quarterly monitoring reports required for this project.
Proposed Activities: Describe the activities you would propose to undertake in order to monitor compliance, including but not limited to: method(s) of obtaining information; method(s) of analyzing information; method(s) for communication with various City agencies; frequency of various proposed activities; changes or variances to monitoring activities or methods, if any, over the term of the Consent Decree; the personnel (e.g. yourself, employees assigned to the project, or proposed subcontractor(s)) responsible for the various activities; and the number of hours devoted to the project by month or quarter.
Personnel: Explain how this project would be integrated into the total operation of your business. Include the name(s) of the individual(s) and/or subcontractor consultant(s) who would be primarily responsible for monitoring activities, the individual(s) expertise, experience, qualifications, and references (refer to the Qualification and Experience sections above for the type of information that should be provided for individual(s) and/or subcontractor consultant(s) proposed to be part of your monitoring team). If the identity of the individuals or entities who would assist in performing the monitoring function are unknown at the present time, state the areas of expertise you would seek to retain and your organization's process for contracting for such services.
Costs: Provide a detailed budget for all costs under the proposed Independent Monitor contract, including staff costs, travel, sub-consultant services, overhead, etc. The cost estimate must include costs over the initial five year contract period and include a payment schedule for the 5 year term. The cost estimate should detail the types of activities and/or circumstances that would result in additional costs to those proposed and the rates associated with such additional activities. The cost estimate must provide detail adequate to enable the City to assess how the cost estimate allows the level of performance and monitoring proposed over the 5 year contract term.
Potential Conflicts: Disclose any potential conflicts of interest involving yourself, your firm, an employee assigned to the project, or a proposed subcontractor, including current or former employment, contracts or grants with the City or the United States DOJ, and any involvement in the last eight years (whether paid or unpaid) with a claim or lawsuit against the City or Police Department or any of their officers, agents, or employees.
Dear Ladies and Gentleman:
The City of Los Angeles and the U.S. Department of Justice are seeking the professional services for an Independent Monitor to monitor the City's and the Police Department's implementation of the Consent Decree between the City and the U.S. Department of Justice (DOJ). The purpose of the Consent Decree is to promote police integrity and prevent conduct that deprives person of rights, privileges, or immunities secured or protected by the constitution or laws of the United States.
Attached, for your information is a copy of the request for proposal. The Consent Decree is available on the City's web site at www.lacity.org/lapd-reform and on the DOJ's web site at www.usdoj.gov/crt/split/. Proposals are due to both the City and the DOJ by 1:00 p.m. Pacific Standard time on January 16, 2001. Addresses are provided in the RFP.
Please contact Barb Garrett at (213) 473-5749 with any questions regarding the RFP process.
Very truly yours,
Ronald F. Deaton
Chief Legislative Analyst
Deputy Mayor and Chief of Staff