Campaign for JUSTICE, SAFETY & JOBS

Earlier this year the DOJ and City of Baltimore filed a 227-page consent decree in federal court which seeks to address the constitutional and legal violations detailed in the U.S. Department of Justice’s (DOJ) investigative report of the Baltimore City Police Department (the City). That was the result of thousands of hours of work and represents a hope for change in our city to the hundreds of residents that participated in community forums, met with DOJ and BPD representatives, and brainstormed ways to improve policing in Baltimore. While the DOJ report does not include all of the recommendations made by community members our coalition has engaged, it does represent the beginning of a roadmap forward. If the path forward is to be effective, we think it is imperative that community members be actively involved in every level of reforming and overseeing their own police department. To this end our comments will outline specific recommendations to ensure that the monitor team shares this vision and is structured in a manner that will allow maximum levels of community partnership and engagement throughout the monitoring process. 

 

As community leaders, we believe that policing in Baltimore will never truly by reformed, nor police-community trust established, until the current systems of accountability allow for and encourage robust community participation and oversight of the Baltimore City Police Department. We are encouraged to see that the consent decree contemplates community involvement in the implementation of the agreement, including “public input at each stage of the Monitor selection process.” To carry out this provision, the CJSJ submits the following recommendations for community input and involvement in the selection process of and the development of mandates for the monitor: 

 

Process for Selection of Monitor Team: 

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We believe that community members should have as much opportunity as possible to provide feedback and input into the monitor selection process. On July 6th, CJSJ held a town hall meeting attended by 23 monitor teams and over 200 community residents to provide initial opportunity for monitor candidates to ask questions of monitor candidates and to engage in the process. We look forward to working with the parties to hold additional public input sessions once the finalists are selected, as outlined in the RFA for the selection of the monitor. Further, in addition to the public meetings, we recommend that: 

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• At least one community member from each neighborhood that is directly impacted by the policing reforms outlined in the consent decree should participate in initial interviews of candidates. 

• While not specifically required in the consent decree, we think that the public should be afforded an opportunity to provide feedback to the parties and the court on the final candidates prior to the selection of the Monitor. We suggest a second public comment period after the public meetings have been held with final candidates for the monitor position. 

 

Composition and Qualifications of Independent Monitor Team:

 

We believe that the most successful monitor teams will meet the composition and qualifications outlined below. We strongly encourage the parties to consider each of these elements in selecting the Independent Monitor team. 

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• As stated in paragraph 442 of the consent decree, the Monitor should comprise a team of persons, and not an individual. This team should be diverse as it relates to race, ethnicity, gender, age, socio-economic status and expertise. 

• The Monitor team must include several persons who serve as community liaisons. They must be residents of Baltimore City, particularly those neighborhoods most impacted by the reforms in the consent decree, who have established working relationships and trust with activists, the business community, and other community stakeholders. 

• The Monitor team should include persons with diverse expertise, including: 

  • Activists with experience in community organizing; 

  • Former law enforcement officers and/or executives with experience in implementing best practices for community policing and/or problem-oriented policing; 

  • Local attorneys with expertise in civil rights litigation and criminal defense; 

  • Individuals with at least 10 years of experience in: 

    • appropriate interactions with persons with mental, behavioral, and physical disabilities; 

    • the elimination of the school-to-prison pipeline; 

    • anti-bias and de-escalation training, problem-oriented policing, adolescent development, and crisis intervention trainings; 

    • analyzing policing statistics; 

    • appropriate investigation of sexual assault complaints; and 

    • trauma/trauma-informed care for victims of crime. 

    • Language access laws and best policing practices in immigrant communities 

• The members of the Monitor team should be independent of any local government entity and politically unaffiliated from any local government entity. 

• Members of the Monitor team should be prepared to fully commit their time and energy to monitoring the City’s compliance with the consent decree. 

• After reviewing the monitor applications, we would also suggest taking extra due diligence steps during the interview phase for any members of monitor teams who are former law enforcement, judges, or prosecutors. In order to ensure transparency and build community confidence in the monitor teams we suggest that: 

  • Monitor teams consisting of at least 1 current or former law enforcement officer should be questioned on and required to provide detailed information on any lawsuits against or involving the individual(s), and any disciplinary matters against or involving the individual(s). 

  • Monitor teams consisting of at least 1 current or former prosecutor should be questioned on and required to provide detailed information on the prosecutions against law enforcement officers by the individual(s). 

  • Monitor teams consisting of at least 1 current or former judge should be questioned on and required to provide detailed information on any opinion concerning law enforcement officers by the individual(s). 

 

Mandates of the Monitor Team: 

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We recommend that the following criteria should be given significant consideration as the monitor is being selected and the process and responsibilities of the monitor finalized: 

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• Community liaisons must be charged with meeting regularly with community stakeholders; especially those representing individuals most impacted by the reforms in the consent decree. 

• The Monitor team should hold periodic (at least quarterly) public meetings in which the public can weigh in on the City’s progress under the consent decree. This requirement must be over and above meetings the community liaisons have with community stakeholders. 

• Paragraph 446 of the consent decree requires an evaluation of the Monitor after three years, including whether the Monitor is “adequately engaging the community.” The DOJ, City, and Court should develop a process by which members of the public may submit comments regarding the adequacy of the Monitor’s community engagement activities. 

• Paragraph 456 requires the Monitor to conduct outcome assessments to determine whether the Baltimore Police Department’s revised policies and practices “are having an overall beneficial effect on policing in Baltimore.” Members of the public should be permitted to provide input on what outcomes should be measured. 

• Paragraph 462 requires the Monitor to submit a Monitoring Plan to DOJ and the City for review and approval. Members of the public should be permitted to comment on the Plan prior to approval by the parties and the Court. We recommend a 30-day comment period. 

• Community stakeholders should be able to review semi-annual Monitor reports to the court and offer supplemental reports if they believe the Monitor reports fail to include issues of their concern. 

• Court status conferences concerning the monitoring of the consent decree should be done in open court. The Court should endeavor to hear from community stakeholders and community members most impacted by the reforms in the consent decree. 

• The Monitor should be required to designate community-based organizations in Baltimore to assist in the implementation of provisions of the consent decree. Accordingly, the City should be required to provide the resources necessary for the designated community-based organizations to adequately assist in the implementation of certain provisions within the consent decree. 

• The monitor should be required to provide resources and support, including relevant data and legal analysis, to the members of the COTF as they convene to provide policy recommendations. 

 

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