appendix 1: first federal monitor report on apd reforms
TRANSCRIPT
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Appendix One:
Methodology
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
Page 1 of 306
14. Use of force by APDofficers, regardless of thetype of force, tactics, orweapon used, shall abideby the followingrequirements: a) officers shall useadvisements, warnings,and verbal persuasion,when possible, beforeresorting to force;
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video;Findings fromUoF InternalInvestigations,CPOAInvestigations,and whereappropriate,findings fromCivil or Criminal
Proceedings
>.95 of all UoFReports are “withinpolicy and training”
Re DOJ’scomment onOBRD see “datasources,” whichlists “On-BodyVideo”
Review of DataSources foractions not withinpolicy and trainingon topic
b) force shall be de-escalated immediately asresistance decreases
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-
> .95 of all UoFReports/documenta-tion of action are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
Page 2 of 306
Body Videoc) officers shall allowindividuals time to submitto arrest before force isused whenever possible
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body VideoFindings fromUoF InternalInvestigations,CPOAInvestigationsand whereappropriate,findings fromCivil or CriminalProceedings
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
d) APD shall explicitlyprohibit neck holds,except where lethal forceis authorized
Operational (a-i)
Quantitative(a-i)
APD UoF Policy& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video;Findings fromUoF InternalInvestigations,CPOAInvestigations
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
Page 3 of 306
and whereappropriate,findings fromCivil or CriminalProceedings
e) APD shall explicitlyprohibit using legsweeps, arm-bartakedowns, or pronerestraints, except asobjectively reasonable toprevent imminent bodilyharm tothe officer or anotherperson or persons; toovercome activeresistance; or asobjectively reasonablewhere physical removal isnecessary to overcomepassiveresistance and handcuffthe subject;
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
f) APD shall explicitlyprohibit using forceagainst persons inhandcuffs, except asobjectively reasonable toprevent imminent bodilyharm to the officer oranother
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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person or persons; toovercome activeresistance; or asobjectively reasonablewhere physical removal isnecessary to overcomepassive resistance; g) officers shall not useforce to attempt to effectcompliance with acommand that isunlawful;
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
h) pointing a firearm at aperson shall be reportedin the same manner as ause offorce, and shall be doneonly as objectivelyreasonable to accomplisha lawful
police objective; and
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
i) immediately following ause of force, officers,and, upon arrival, asupervisor,shall inspect and observesubjects of force for injuryor complaints of pain
Operational (a-i)
Quantitative(a-i)
APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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resulting from the use offorce and immediatelyobtain any necessarymedicalcare. This may require anofficer to provideemergency first aid untilprofessionalmedical care providersarrive on scene.
Body Video
15. APD shall developand implement anoverarching agency-wideuse of forcepolicy that complies withapplicable law andcomports with bestpractices.
Operational Quantitative APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
15a. The use of forcepolicy shall include allforce techniques,technologies, andweapons, both lethal and
less lethal, that areavailable to APD officers,including authorizedweapons, and weaponsthat are made availableonly to specialized units.
Operational Quantitative APD UoFPolicy, Training& Reports DB;Officer/Supervisor Use
of ForceStatements; On-Body Video
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
15b The use of forcepolicy shall clearly define
Operational Quantitative APD UoFPolicy, Training
> .95 of all UoFReports are “within
Review of DataSources for
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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and describe each forceoption and the factorsofficers should considerin determining which useof such force isappropriate.
& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video
policy and training” actions not withinpolicy and trainingon topic
15c. The use of forcepolicy will incorporate theuse of force principlesand factorsarticulated above andshall specify that the useof unreasonable force will
subject officers todiscipline, possiblecriminal prosecution,and/or civil liability
Operational Quantitative APD UoFPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-
Body Video
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
16. In addition to theoverarching use of forcepolicy, APD agrees todevelop andimplement protocols foreach weapon, tactic, or
use of force authorizedby APD, includingprocedures for each ofthe types of forceaddressed below. Thespecific use of forceprotocolsshall be consistent with
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/
Supervisor Useof ForceStatements; On-Body Video and“Ride Along”observations
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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the use of force principlesin Paragraph 14 and theoverarching use offorce policy. B. Use of Firearms
18. Officers shall carry oruse only agency-approved firearms andammunition while onduty.
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-
Body Video and“Ride Along”observations
> .95 of all UoFReports andforensics indicatedepartmental issuedweapon. Ride alongobservationsindicatedepartmental issuedweapons. Roll Call
observationsindicate
Review of DataSources foractions not withinpolicy and trainingon topic
17 Officers shall carryonly those weapons thathave been authorized bythe Department.Modifications or additionsto weapons shall only beperformed by the
Department’s Armorer asapproved by the Chief. APD use of force policiesshall include training andcertification requirementsthat each officer mustmeet before beingpermitted to
Operational (a-i)
Quantitative(a-i)
APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Use
of ForceStatements; On-Body Video and“Ride Along”observations
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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carry and use authorizedweapons.
19. APD issued SpecialOrder 14-32 requiring allofficers to carry aDepartment issuedhandgun while on duty.
APD shall revise its forcepolicies and protocols toreflect thisrequirement and shallimplement a plan that
provides: (a) a timetablefor implementation; (b)sufficient training coursesto allow officers to gainproficiency and meetqualificationrequirements within aspecified period; and (c)protocols to track andcontrol the inventory and
issuance of handguns.
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; On-Body Video and
“Ride Along”observations
> .95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
20. Officers shall berequired to successfullyqualify with each firearmthat they are authorizedto use or carry on-duty atleast once each year.
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Use
> .95 of all officersare trained/retrainedannually onauthorized weapons
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
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Data Sources ComplianceDefinitions
MeasuresMethodologies &
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of ForceStatements; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords
20a. Officers who fail toqualify on theirprimary weapon systemshall complete immediateremedial training
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;
Ride Along”observations &FirearmsTrainingRecords
> .95 of all officerswho fail completeremedial trainingwithin 30 days
Review of DataSources foractions not withinpolicy and trainingon topic
20.b Those officers whostill fail to qualify afterremedial training shallimmediately relinquish
APD-issued firearms on
which they failed toqualify
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB; &
FirearmsTrainingRecords
> .95 of all officerswho “still fail toqualify” afterremedial trainingrelinquish APD
issued firearmswithin 5 businessdays of notification
Review of DataSources foractions not withinpolicy and trainingon topic
20.c Those officers whostill fail to qualify within areasonable time shallimmediately be placed inan administrative
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;
> 95 of all officerswho still “fail to re-qualify” are placedon administrativeassignment within 4
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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assignment and will besubject to administrativeand/or disciplinary action,
up to and includingtermination ofemployment.
FirearmsTrainingRecords
days are subjectedto reasonableadministrative and
or disciplinary action
21. APD training shallcontinue to require andinstruct propertechniques for un-holstering, drawing, orexhibiting a firearm.
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Use
of ForceStatements; EISRecords; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords
> .95 of all suchactions are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
22. APD shall adopt a
policy that prohibitsofficers from discharginga firearm from amoving vehicle or at amoving vehicle, includingshooting to disable amoving vehicle, unless anoccupant of the vehicle is
Operational Quantitative APD
DepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
> .95 of all UoF
Reports are “withinpolicy and training”
Review of Data
Sources foractions not withinpolicy andtraining/retrainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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using lethal force, otherthan the vehicle itself,against the officer or
another person, and suchaction is necessary forself-defense, defense ofother officers, or toprotect another person.Officers shall notintentionally placethemselves in the path of,or reach inside, a movingvehicle.
records; On-Body Video and“Ride Along”
observations &FirearmsTrainingRecords
23. APD shall track allcritical firearmdischarges. APD shallinclude all criticalfirearm discharges anddischarges at animals inits Early InterventionSystem and documentsuchdischarges in its use of
force annual report.
Operational Quantitative APDDepartmentalIssued WeaponPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-
Body Video and“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
> 95 of all UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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C. Electronic ControlWeapons24. ECWs shall not beused solely as acompliance technique orto overcome passiveresistance. Officers mayuse ECWs only whensuch force is necessaryto protect the officer, thesubject, or anotherperson from physicalharm and after
considering less intrusivemeans based on thethreat or resistanceencountered. Officers areauthorized to use ECWsto control an activelyresistant person whenattempts to subdue theperson by other tacticshave been, or will likely
be, ineffective and thereis a reasonableexpectation that it will beunsafe for officers toapproach the personwithin contact range.
Operational Quantitative APDDepartmentalECW Policy,Training &Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and
“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
> 95 of all ECW UseReports and actionsare “within policyand training”
Review of DataSources foractions not withinpolicy and trainingon topic
Where feasible, the Operational Quantitative APD > 95 of all ECW UoF Review of Data
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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officer will defer ECWapplication for areasonable time to allow
the subjectto comply with thewarning.
DepartmentalIssued ECWPolicy, Training
& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &Firearms
TrainingRecords.FirearmsDischarge DB
Reports are “withinpolicy and training”
Sources foractions not withinpolicy and training
on topic
26. ECWs will not beused where suchdeployment poses asubstantial risk of seriousphysical injury or deathfrom situational hazards,
except where lethal forcewould be permitted.Situational hazardsinclude falling from anelevated position,drowning, losing controlof a moving motor vehicleor bicycle, or the known
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/
Supervisor UseofForce/Statements; EIS records;On-Body Videoand “Ride
Along”observations &
> 95 of all ECW UoFincidents are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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presence of an explosiveor flammable materialor substance.
FirearmsTrainingRecords.
Firearms/ECWDischarge DB27. Continuous cycling ofECWs is permitted onlyunder exceptionalcircumstanceswhere it is necessary tohandcuff a subject underpower.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof Force
Statements; EISrecords; On-Body Video and“Ride Along”observations &Firearms /ECWTrainingRecords.FirearmsDischarge DB
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
27a. Officers shall betrained to attempthands-on control tacticsduring ECW applications,including handcuffing thesubject duringECW application (i.e.,handcuffing under
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof Force
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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power). Statements; EISrecords; On-Body Video and
“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
27b. After one standardECW cycle (5 seconds),the officer shall
reevaluate the situation todetermine if subsequentcycles are necessary.
Operational Quantitative APDDepartmentalIssued ECW
Policy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &
FirearmsTrainingRecords.FirearmsDischarge DB
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not within
policy and trainingon topic
27c. Officers shallconsider that exposure tothe ECW for longer than
Operational Quantitative APDDepartmentalIssued ECW
> .95 of all ECWUoF Reports are“within policy and
Review of DataSources foractions not within
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
Page 16 of 306
15 seconds (whether dueto multiple applications orcontinuous cycling) may
increase the risk of deathor serious injury.
Policy, Training& Reports DB;Officer/
Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords.
FirearmsDischarge DB
training” policy and trainingon topic
27d. Officers shall alsoweigh the risks ofsubsequent or continuouscycles against other forceoptions.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof Force
Statements; EISrecords; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords.
> .95 of all ECWUoF Reports are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
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Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
Page 17 of 306
FirearmsDischarge DB
27 e. Officers shall
independently justifyeach cycle or continuouscycle of five secondsagainst the subject in Useof Force Reports
Operational Quantitative APD
DepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and
“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
> .95 of all ECW
UoF Reports are“within policy andtraining”
Review of Data
Sources foractions not withinpolicy and trainingon topic
28. ECWs shall not beused solely in drive-stunmode as a pain
compliance
Operational Quantitative APDDepartmentalIssued ECW
Policy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and
> .95 of all ECWUoF Reports are“within policy and
training”
Review of DataSources foractions not within
policy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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“Ride Along”observations &Firearms
TrainingRecords.FirearmsDischarge DB
28a. ECWs may be usedin drive-stun mode only tosupplement the probemode to complete theincapacitation circuit, oras a countermeasure to
gain separation betweenofficers and the subject,so that officers canconsider another forceoption.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/
Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords.
FirearmsDischarge DB
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
29. Officers shalldetermine thereasonableness of ECWuse based upon allcircumstances, includingthe subject’s age, size,
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
Sampling
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physical condition, andthe feasibility of lesserforce options.
Supervisor Useof ForceStatements; EIS
records; On-Body Video and“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
29a. ECWs should
generally not be usedagainst visibly pregnantwomen, elderlypersons, young children,or visibly frail persons. Insome cases, other controltechniques may bemore appropriate asdetermined by thesubject’s threat level to
themselves or others.
Operational Quantitative APD
DepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and
“Ride Along”observations &FirearmsTrainingRecords.FirearmsDischarge DB
> .95 of all ECW
UoF Reports are“within policy andtraining”
Review of Data
Sources foractions not withinpolicy and trainingon topic
29c. Officers Operational Quantitative APD > .95 of all ECW Review of Data
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Task No. FieldCharacteristic
DataCharacteristic
Data Sources ComplianceDefinitions
MeasuresMethodologies &
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Page 20 of 306
shall be trained on theincreased risks thatECWs may present to the
above-listed vulnerablepopulations.
DepartmentalIssued ECWPolicy, Training
& Reports DB;Officer/Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &Firearms
TrainingRecords.FirearmsDischarge DB
UoF Reports are“within policy andtraining”
Sources foractions not withinpolicy and training
on topic
30. Officers shall notintentionally target asubject’s head, neck, orgenitalia, exceptwhere lethal force wouldbe permitted, or where
the officer hasreasonable cause tobelieve thereis an imminent risk ofserious physical injury.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/
Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”observations &Firearms
> .95 of all ECWUoF Reports are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
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Data Sources ComplianceDefinitions
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Sampling
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TrainingRecords.Firearms /ECW
Discharge DB31. ECWs shall not beused on handcuffedsubjects, unless doing sois necessary to preventthem from causingserious physical injury tothemselves or others,and if lesser attemptsof control have been
ineffective.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
records; On-Body Video and“Ride Along”observations &Firearms /ECWTrainingRecords.Firearms /ECWDischarge DB
> .95 of all ECWUoF Reports are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
32. Officers shall keep
ECWs in a weak-sideholster to reduce thechances of accidentallydrawing and/or firing afirearm.
Operational Quantitative APD
DepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
> .95 of all ECW
UoF Reports are“within policy andtraining”
Review of Data
Sources foractions not withinpolicy and trainingon topic
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Data Sources ComplianceDefinitions
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records; On-Body Video and“Ride Along”
and roll call33. Officers shall receiveannual ECWcertifications, whichshould consist of physicalcompetency; weaponretention; APD policy,including any policychanges; technologychanges; and scenario-
and judgment-basedtraining.
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
records; On-Body Video and“Ride Along”and roll call
> .95 of all ECWUoF Reports are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
34. Officers shall betrained in and followprotocols developed by
APD, in conjunction withmedical professionals, ontheir responsibilities
following ECW use,including:a) removingECW probes, includingthe requirementsdescribed in Paragraph35 b) understanding risksof positional asphyxia,and training officers to
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/
Supervisor Useof ForceStatements; EISrecords; On-Body Video and“Ride Along”and roll call
> .95 of all ECWUoF Reports are“within policy andtraining”
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
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Data Sources ComplianceDefinitions
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Page 23 of 306
use restraint techniquesthat do not impair thesubject’s respiration
following an ECWapplication; c) monitoringall subjects of force whohave received an ECWapplication while inpolice custody; andd) informing medicalpersonnel of all subjectswho: have beensubjected to ECW
applications, includingprolonged application(more than 15 seconds);are under the influence ofdrugs and/or exhibitingsymptoms associatedwith excited delirium; orwere kept in pronerestraints after ECW use.35. The City shall ensure
that all subjects who havebeen exposed to ECWapplicationshall receive a medicalevaluation by emergencymedical responders in thefield or at a medicalfacility. Absent exigent
Operational Quantitative APD
DepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
> 95 of all ECW UoF
Reports are “withinpolicy and training”
Review of Data
Sources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
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Page 24 of 306
circumstances, probeswill only be removed froma subject’s skin by
medical personnel.
records; On-Body Video and“Ride Along”
and roll call36. Officers shallimmediately notify theirsupervisor and thecommunicationscommand center of allECW discharges (exceptfor training discharges).
Operational Quantitative APDDepartmentalIssued ECWPolicy, Training& Reports DB;Officer/Supervisor Useof ForceStatements; EIS
records; On-Body Video and“Ride Along”and roll call
> 95 of all ECW UoFReports are “withinpolicy and training”
Review of DataSources foractions not withinpolicy and trainingon topic
37. APD agrees todevelop and implementintegrity safeguards onthe use of ECWs toensure compliance with
APD policy. a). APD
agrees to implement aprotocol for quarterlydownloads and audits ofall ECWs. b.) APDagrees to conductrandom and directedaudits of ECWdeployment data. c.) The
Executive Qualitative APD integrityaudits
Reasonableness ofECW integrityaudits;responsiveness of
APD to issues notedby monitoring team
re integrity audits
Review of DataSources foractions not withinpolicy and trainingon topic
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Task No. FieldCharacteristic
DataCharacteristic
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audits should comparethe downloaded data tothe officer’s Use of Force
Reports. d.)Discrepancies within theaudit should beaddressed andappropriatelyinvestigated.38. APD agrees toinclude the number ofECWs in operation andassigned to officers, and
the number of ECW uses,as elements of the EarlyIntervention System. a).
Analysis of thisdata shall include adetermination of whetherECWs result in anincrease in the use offorce, and whether officerand subject injuries are
affected by the rate ofECW use. b). Probedeployments, exceptthose described inParagraph 30, shall notbe considered injuries.c). APD shall track allECW laser painting and
Executive Qualitative APD integrityaudits
Reasonableness ofECW integrityaudits;responsiveness of
APD to issues notedby monitoring teamre integrity audits
Review of DataSources foractions not withinpolicy and training
on topic
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arcing and their effectson compliance rates aspart of its data collection
and analysis. d). ECWdata analysis shall beincluded in APD’s use offorce annual report.D. Crowd Control andIncident Management39. APD shall maintaincrowd control andincident managementpolicies that comply
with applicable law andbest practices. At aminimum, the incidentmanagement policiesshall: a) define APD’smission during massdemonstrations, civildisturbances, or othercrowded situations;b) encourage the
peaceful and lawfulgathering of individualsand include strategiesforcrowd containment,crowd redirecting, andplanned responses;c) require the use ofcrowd control techniques
Executive Qualitative APD integrityaudits
Reasonableness ofECW integrityaudits;responsiveness of
APD to issues notedby monitoring team
re integrity audits
Review of DataSources foractions not withinpolicy and trainingon topic
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that safeguard thefundamental rights ofindividuals who gather or
speak out legally; and d)continue to prohibit theuse of canines for crowdcontrol.40. APD shall require anafter-action review of lawenforcement activitiesfollowing each responseto mass demonstrations,civil disturbances, or
other crowded situationsto ensure compliancewith applicable laws, bestpractices, and APDpolicies and procedures.
Executive Qualitative APD After- Action(demonstrations) audits
Reasonableness ofmass demonstrationreviews;responsiveness of
APD to issues notedby monitoring team
re integrity audits
Review of follow-up on actions notwithin policy andtraining on topic
E. Use of ForceReporting41. APD shall developand implement a use offorce reporting policy and
Use of Force ReportForm that comply withapplicable law andcomport with bestpractices (a). The use offorce reporting policy willrequire officers toimmediately notify their
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness ofUse of ForceReporting Policy;responsiveness of
APD to issues noted
by monitoring teamre integrity audits
Review of follow-up on actions notwithin policy andtraining on topic
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immediate, on-dutysupervisor within theirchain of command
following any use offorce, prisoner injury, orallegation of any use offorce. (b) the reason forthe initial policepresence; (c) a specificdescription of the actsthat led to the use offorce, including thesubject’s behavior; (d) the
level of resistanceencountered; and (e) adescription of each typeof force usedand justification for eachuse of force. f). Officersshall not merely useboilerplate or conclusorylanguage but mustinclude specific facts and
circumstances that led tothe use of force.43. Failure to report a useof force or prisoner injuryby an APD officer shallsubjectofficers to disciplinaryaction.
Executive Qualitative APD Use ofForce ReportingPolicy & Reviewof selected UoFincidents viaOBRD
Reasonableness of APD’s response toofficer failuresregarding Use ofForce ReportingPolicy;
Review of follow-up on actions notwithin policy andtraining on topic
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responsiveness of APD to issues notedby monitoring UoF
policy audits44. APD policy shallrequire officers to requestmedical servicesimmediately whenan individual is injured orcomplains of injuryfollowing a use of force.a). The policy shall alsorequire officers who
transport a civilian to amedical facility fortreatment to take thesafest and most directroute to the medicalfacility. The policy shallfurther require thatofficers notify thecommunicationscommand center of the
starting and endingmileage on thetransporting vehicle
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding Provisionof MedicalTreatment Policy;responsiveness of
APD to issues notedby monitoring UoF
policy audits
Review of follow-up on actions notwithin policy andtraining on topic
45. APD shall requireofficers to activate on-body recording systemsand record all use offorce encounters.
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding CameraPolicy & discipline
Review of follow-up on actions notwithin policy andtraining on topic
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48. APD agrees todevelop and implementforce classification
procedures that includeat least two categories ortypes of force that willdetermine the forceinvestigation required
Operational Quantitative APD SupervisorUse ofInvestigations
Statements; EISrecords; On-Body Video and“Ride Along”and roll call
> 95 of allSupervisors’ UoFInvestigations
accurately noteUofF applicationswhich are not “withinpolicy and training”
Review of follow-up for actions notwithin policy and
training on topic
48a The categories ortypes of force shall bebased on the level offorce used and the risk ofinjury or actual injury from
the use of force with thegoal of optimizing APD’ssupervisory andinvestigative resourceson uses of force..
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding UofFPolicy & discipline
related thereto;responsiveness of APD to issues notedby monitoring teamre Camera Policypolicy audits
Review of follow-up on actions notwithin policy andtraining on topic
APD shall continue toparticipate in the Multi-
Agency Task Force,pursuant to its
Memorandum ofUnderstanding, inorder to conduct criminalinvestigations of at leastthe following types offorce or incidents: a)officer-involvedshootings; b) serious
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding UofF
Policy & disciplinerelated thereto;responsiveness of
APD to issues notedby monitoring teamre Camera Policypolicy audits
Review of follow-up on actions notwithin policy andtraining on topic
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uses of force as definedby the Memorandum ofUnderstanding; c) in-
custody deaths; and d)other incidents resultingin death 49. Under the forceclassification procedures,serious uses of forceshall beinvestigated by theInternal Affairs Bureau,
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> 95 of all IAB UoFInvestigationsaccurately note UoFapplications whichare not “within policyand training”
Review of follow-up for actions notwithin policy andtraining on topic
a). When a serious use
of force or other incidentis under criminalinvestigation by the Multi-
Agency Task Force, APD’s Internal Affairs Bureau willconduct theadministrativeinvestigation.
Operational Quantitative APD IAB
Investigationsreports; EISrecords; On-Body Video
> 95 of all IAB UoF
Investigationsaccurately noteUofF applicationswhich are not “withinpolicy and training”
Review of follow-
up for actions notwithin policy andtraining on topic
b). the Multi-Agency Task
Force shall periodicallyshare information andcoordinate with theInternal Affairs Bureau,as appropriate and inaccordance withapplicable laws, toensure timely and
Executive Qualitative APD Use of
Force ReportingPolicy
Reasonableness of
APD’s response toofficer failuresregarding UofFPolicy & disciplinerelated thereto;responsiveness of
APD to issues notedby monitoring team
Review of follow-
up on actions notwithin policy andtraining on topic
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thorough administrativeinvestigations of serioususes of force
re Camera Policypolicy audits
c. Uses of forcethat do not rise to thelevel of serious uses offorce or that do notindicate apparent criminalconduct by an officer willbe reviewed by the chainof command of the officerusing force
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigationsaccurately note UoFapplications whichare not “within policyand training”
Review of follow-up for actions notwithin policy andtraining on topic
50. The supervisor of an
officer using force shallrespond to the scene ofthe use of force to initiatethe force investigationand ensure that the useof force is classifiedaccording to
APD’s force classificationprocedures.
Operational Quantitative APD IAB
Investigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoF
Investigationsaccurately note UoFapplications whichare not “within policyand training”
Review of follow-
up for actions notwithin policy andtraining on topic
50 a). For serious uses of
force, the supervisor shallensure tha the Internal Affairs Bureau isimmediately notified anddispatched to the sceneof the incident
Operational Quantitative APD IAB
Investigationsreports; EISrecords; On-Body Video
> .95 of “serious”
UoF applicationsresult in IAB beingnotified by therelevant supervisor
Review of follow-
up for actions notwithin policy andtraining on topic
51. A supervisor who was Operational Quantitative APD IAB > .95 of all IAB UoF Review of follow-
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involved in a reportableuse of force, including byparticipating in or
ordering the force beingreviewed, shall not reviewthe incident or Use ofForce Reports forapproval.
Investigationsreports; EISrecords; On-
Body Video
Investigations areNOT reviewed/approved by an
“involved”immediatesupervisor
up for actions notwithin policy andtraining on topic
52. For all supervisoryinvestigations of uses offorce, the supervisorshall:a) respond to the scene,
examine all personneland subjects of use offorce forinjuries, interview thesubject(s) for complaintsof pain after advising thesubject(s) of his or herrights, and ensure thatthe officers and/orsubject(s) receive
medical attention, ifapplicable;
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
b) identify and collect allrelevant evidence andevaluate that evidence todetermine whether theuse of force wasconsistent with APD
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
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policy and identifies anypolicy, training, tactical,or equipment concerns;
c) ensure that allevidence to establishmaterial facts related tothe use of force,including audio and videorecordings, photographs,and other documentationof injuries or the absenceof injuries is collected;
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
d). ensure that a
canvass for, andinterview of, witnesses isconducted. In addition,witnesses are to beencouraged to provideand sign a writtenstatement in their ownwords
Operational Quantitative APD IAB
Investigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoF
Investigations arehandled as requiredby the immediatesupervisor
Review of follow-
up for actions notwithin policy andtraining on topic
e). ensure that allofficers witnessing a use
of force incident byanother officerprovide a use of forcenarrative of the factsleading to the use offorce
Operational Quantitative APD IABInvestigations
reports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations are
handled as requiredby the immediatesupervisor
Review of follow-up for actions not
within policy andtraining on topic
f) separate all officers Operational Quantitative APD IAB > .95 of all IAB UoF Review of follow-
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MeasuresMethodologies &
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Page 36 of 306
involved in a use of forceincident until each hasbeen
interviewed and neverconduct group interviewsof these officers;
Investigationsreports; EISrecords; On-
Body Video
Investigations arehandled as requiredby the immediate
supervisor
up for actions notwithin policy andtraining on topic
g) ensure that all Use ofForce Reports identify allofficers who wereinvolved in the incident,witnessed the incident, orwere on the scene whenit occurred;
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
h) conduct investigationsin a rigorous mannerdesigned to determinethe facts and,when conductinginterviews, avoid askingleading questions andnever askofficers or otherwitnesses any questions
that may suggest legal justifications forthe officers’ conduct;
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
i) utilize on-bodyrecording systems torecord all interviews;
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
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k) consider all relevantevidence, includingcircumstantial, direct, and
physicalevidence, as appropriate,and make credibilitydeterminations, iffeasible;
Operational Quantitative APD IABInvestigationsreports; EIS
records; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as required
by the immediatesupervisor
Review of follow-up for actions notwithin policy and
training on topic
l) make all reasonableefforts to resolve materialinconsistencies betweenthe officer, subject, andwitness statements, as
well as inconsistenciesbetween the level of forcedescribed by the officerand any injuries topersonnel or subjects
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor
Review of follow-up for actions notwithin policy andtraining on topic
m) obtain a uniquetracking number; and
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations areassigned a uniquetracking number
n) where a supervisordetermines that theremay have beenmisconduct in the use offorce, immediately notifythe Area Commanderand the Internal AffairsBureau.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigations arehandled as requiredby the immediatesupervisor regardingdeficient UofF, IABis notified
Review of follow-up for actions notwithin policy andtraining on topic
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which there are no knownwitnesses, the reportshall specifically state this
fact. In situationsin which witnesses werepresent butcircumstances preventedthe author of the reportfrom determining theidentification, phonenumber, or address of thewitnesses, the reportshall state the reasons
why.
The report should alsoinclude all availableidentifying information foranyone who refuses toprovide a statement;(c) the names of all other
APD employeeswitnessing the use offorce; (d) the supervisor’snarrative evaluating theuse of force, based onthe supervisor’s analysisof the evidence gathered,including a determinationof whether the officer’s
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actions complied with APD policy and state andfederal law; and an
assessment of theincident for tactical andtraining implications,including whether the useof force could have beenavoided through the useof de-escalationtechniques or lesser forceoptions; and (e)documentation thatadditional issues ofconcern not related to theuse of force have beenidentified and addressedby separatememorandum.54. Upon completion ofthe Use of Force Report,the investigatingsupervisor shall forwardthe report through his orher chain of command tothe Commander, whoshall review the report toensure that it is completeand that the findings aresupported using thepreponderance of
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of all IAB UoFInvestigationscompleted by animmediatesupervisor arereported within 72hours of completingthe on-sceneinvestigation
Review of follow-up for actions notwithin policy andtraining on topic
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Page 41 of 306
the evidence standard. a). The Commander shallorder additional
investigation when itappears that there isadditional relevantevidence that may assistin resolvinginconsistencies orimproving the reliability orcredibility of the findings.
Operational Quantitative APD IABInvestigations
reports; EISrecords; On-Body Video
> 95 of all IAB UoFInvestigations
completed by animmediatesupervisor arereported within 72hours of completingthe on-sceneinvestigation
Review of follow-up for actions not
within policy andtraining on topic
55. Where the findings ofthe Use of Force Report
are not supported by apreponderance of theevidence, thesupervisor’s chain ofcommand shall documentthe reasonsfor this determination andshall include thisdocumentation as anaddendum to the originalinvestigation.
Operational Quantitative APD IABInvestigations
reports; EISrecords; On-Body Video
> 95 of allsupervisory UoF
Investigationscompleted by animmediatesupervisor that arereported accurately,using apreponderance ofthe evidencestandard, aredocumented byaddendum to theoriginal investigationby the supervisor’schain of command
Review of follow-up for actions not
within policy andtraining on topic
55 a). The supervisor’ssuperior shall takeappropriate action toaddress the inadequately
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-
> 95 of allsupervisory UoFInvestigationscompleted by an
Review of follow-up for actions notwithin policy andtraining on topic
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MeasuresMethodologies &
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supported determinationand any investigativedeficiencies that led to it.
Body Video immediatesupervisor that arereported
inaccurately, or thatfail to use apreponderance ofthe evidencestandard, aredocumented byaddendum to theoriginal investigationby the supervisor’schain of commandand remedial actionis taken with thesupervisor
55 b). Commanders shallbe responsible for theaccuracy andcompleteness of Use ofForce Reports preparedby supervisorsunder their command.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> 95 of allsupervisory UoFInvestigationscompleted by animmediatesupervisor that arereportedinaccurately, or thatfail to use apreponderance ofthe evidencestandard, and arenot noted by thesergeant’scommander, result
Review of follow-up for actions notwithin policy andtraining on topic
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in some form ofcorrective actionwith the commander
in question.56. Where a supervisorrepeatedly conductsdeficient supervisoryforceinvestigations, thesupervisor shall receivethe appropriate correctiveand/or disciplinary action,including training,demotion, and/or removalfrom a supervisoryposition in accordancewithperformance evaluationprocedures andconsistent with anyexisting collectivebargainingagreements, personnelrules, Labor ManagementRelations Ordinance,Merit System Ordinance,regulations, oradministrative rules.
Executive Qualitative APD Use ofForce ReportingPolicy;disciplinaryrecords;individualpersonnel filereviews
Reasonableness of APD’s response toofficer failuresregarding UofFPolicy & disciplinerelated thereto;responsiveness of
APD to issues notedby monitoring teamre Camera Policyaudits
Review of follow-up on actions notwithin policy andtraining on topic
56 a. Whenever asupervisor orCommander finds
Operational Quantitative APD IABInvestigationsreports; EIS
> .95 of allsupervisory UoFInvestigations
Review of follow-up for actions notwithin policy and
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evidence of ause of force indicatingapparent criminal conduct
by an officer, thesupervisor orCommandershall suspend thesupervisory forceinvestigation immediatelyand notify the Internal
AffairsBureau and the Chief.
records; On-Body Video;disciplinary
records;individualpersonnel filereviews
completed by animmediatesupervisor that are
reportedinaccurately, or thatfail to use apreponderance ofthe evidencestandard, and arenot noted by theseargeant’scommander, resultin some form ofcorrective actionwith the commanderin question.
training on topic
56 b. The Internal AffairsBureau shall immediatelytake over theadministrativeinvestigation and initiatethe criminal investigation.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video;disciplinaryrecords;individualpersonnel filereviews
> .95 of allsupervisory UoFInvestigationscompleted by animmediatesupervisor that arereportedinaccurately, or thatfail to use apreponderance ofthe evidencestandard, and arenot noted by thesergeant’scommander, result
Review of follow-up for actions notwithin policy andtraining on topic
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in some form ofcorrective actionwith the commander
in question.57. When theCommander finds thatthe supervisory forceinvestigation is completeand the findings aresupported by theevidence, theinvestigation file shall beforwarded to the ForceReview Board.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Videodisciplinaryrecords;individualpersonnel filereviews
> .95 of allsupervisory UoFInvestigationscompleted by animmediatesupervisor that arefound to becomplete areforwarded to theForce Review Board
Review of follow-up for actions notwithin policy andtraining on topic
a. The Force ReviewBoard shall review thesupervisory forceinvestigationto ensure that it iscomplete and that thefindings are supported bythe evidence.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video
> .95 of allsupervisory UoFInvestigations theFRB are found to becomplete and areforwarded to theForce Review Board
Review of follow-up for actions notwithin policy andtraining on topic
The Force Review Boardshall ensure that theinvestigation file isforwarded to the Internal
Affairs Bureaufor recordkeeping.
Operational Quantitative APD IABInvestigationsreports; EISrecords; On-Body Video;disciplinaryrecords;individual
> .95 of allsupervisory UoFInvestigationscompleted by animmediatesupervisor that arefound to becomplete by the
Review of follow-up for actions notwithin policy andtraining on topic
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Page 46 of 306
personnel filereviews
Force Review Boardare forwarded to IABfor recordkeeping
58. At the discretion ofthe Chief, a supervisoryforce investigation maybe assigned or re-assigned to anothersupervisor, whetherwithin or outside of theCommand in which theincident occurred, or maybe returned to the originalsupervisor for furtherinvestigation oranalysis
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding UofFPolicy & disciplinerelated thereto;responsiveness of
APD to issues notedby monitoring teamre policy audits ofthis topic
Review of follow-up on actions notwithin policy andtraining on topic
a. This assignment or re-assignment shall beexplained in writing.
Operational Quantitative APD UofFInvestigationsreports returnedare assigned inwriting
> .95 of allsupervisory UoFInvestigationsreturned to animmediatesupervisor arereturned andassigned for furtherinvestigation inwriting
Review of follow-up for actions notwithin policy andtraining on topic
59. Where, after asupervisory forceinvestigation, a use offorce is found to violatepolicy, the Chief shall
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toofficer failuresregarding UofFPolicy & discipline
Review of follow-up on actions notwithin policy andtraining on topic
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direct and ensureappropriate disciplineand/or corrective action
related thereto;responsiveness of
APD to issues notedby monitoring teamre policy audits ofthis topic
a. Wherethe use of force indicatespolicy, training, tactical,or equipment concerns,the Chief shall alsoensure that necessarytraining is delivered andthat policy, tactical, orequipment concerns areresolved.
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toChief’s directive forcorrective trainingand that other notedissues are resolved ;responsiveness of
APD to issues notedby monitoring teamre policy audits ofthis topic
Review of follow-up on actions notwithin policy andtraining on topic
2. Force Investigationsby the Internal AffairsBureau 60. The Internal AffairsBureau shall respond tothe scene and conductinvestigationsof serious uses of force,uses of force indicatingapparent criminal conductby an officer, uses offorce by APD personnelof a rank higher thansergeant, or uses of force
Operational Quantitative APD UofFInvestigationsstipulated areinvestigated byIAB
> .95 of allstipulated UoFInvestigations areinvestigated by IAB
Review of follow-up for actions notwithin policy andtraining on topic
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reassigned to the Internal Affairs Bureau by theChief.
a. In cases where theInternal Affairs Bureauinitiates a criminalinvestigation, it shallensure that suchinvestigation remainsseparate from andindependent ofany administrativeinvestigation.
Operational Quantitative APD UofFInvestigationsstipulated areinvestigated byIAB andseparate fromanyadministrativeinvestigation
> .95 of allstipulated UoFInvestigations areinvestigated by IABand kept separatefrom anyadministrativeinvestigations
Review of follow-up for actions notwithin policy andtraining on topic
b. In instances where theMulti-Agency Task Forceis conductingthe criminal investigationof a serious use of force,the Internal AffairsBureau shall conduct theadministrativeinvestigation.
Operational Quantitative APD UofFInvestigationsstipulated asMATF cases arehandled for theadministrativeallegations byIAB
>.95 of all stipulatedUoF Investigationshandled by theMATF as criminalinvestigations areinvestigated by> IAB. The Internal
Affairs Bureau willbe responsible forconducting bothcriminal andadministrativeinvestigations,except as stated inParagraph 60allegations
Review of follow-up for actions notwithin policy andtraining on topic
61. The Internal AffairsBureau will be
Operational Quantitative APDInvestigations
> .95 of allstipulated UoF
Review of co-terminus MATF
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responsible forconducting both criminaland administrativeinvestigations, except asstated in Paragraph 60.
stipulated asMATF casesarehandled fortheadministrativeallegations byIAB
Investigationshandled by theMATF as criminalinvestigations areinvestigated by IABfor The Internal
Affairs Bureau willbe responsible forconducting bothcriminal andadministrativeinvestigations,except as stated inParagraph 60allegations
criminal and IABadministrativeinvestigations
a. The Internal AffairsBureau shallinclude sufficientpersonnel who arespecially trained in bothcriminal andadministrativeinvestigations.
Operational Quantitative APD IAB start-finish days
> .95 of allstipulated UoFInvestigations arecompleted withinallotted timeframes
Review of start-finish days for allIABinvestigations completed duingthe reportingperiod
62. Within six monthsfrom the Effective Date,
APD shall revise theInternal AffairsBureau manual to includethe following:a) definitions of allrelevant terms;
Operational Quantitative Revised IABManual
> 95 of all stipulatedIAB Manualrevisions arecompleted byNovember 6, 2015
Review of IABmanual forrelevant requiredtreatments andsufficiency
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b) procedures on reportwriting;c) procedures forcollecting and processingevidence;d) procedures to ensureappropriate separation ofcriminal andadministrativeinvestigations in theevent of compelledsubject officerstatements;e) procedures forconsulting with theDistrict Attorney’s Officeor the USAO, asappropriate, includingensuring thatadministrativeinvestigations are notunnecessarily delayedwhile a criminalinvestigation is pending;f) scene managementprocedures; andg) managementprocedures.63. Within ten monthsfrom the Effective Date,
APD shall ensure that
Operational Quantitative Revised IABManual
> .95 of all assignedIAB investigatorsare trained as per
Review of staffingplan and follow-onreview of IAB’s
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there are sufficienttrained personnelassigned to the Internal
Affairs Bureau to fulfill therequirements ofthis Agreement.
Manual revisions inPara 63, and in-unitby are completed byJuly 6, 2015
ability to meetdeadlines
a. APD shall ensure thatall serious uses of forceare investigated fully andfairly by individuals withappropriate expertise,independence, andinvestigative skills so thatuses of force that arecontrary to law or policyare identified andappropriately resolved;that policy, training,equipment, or tacticaldeficiencies related to theuse of force are identifiedand corrected; and thatinvestigations of sufficientquality are conducted sothat officers can be heldaccountable, if necessary
Operational Quantitative Revised IABManual
> .95 of all assignedIAB investigationsare completedappropriatelyaccording to policybeginning August 6,2015
Review of staffingcompleted IABcases completedafter September,2015 forsufficiency
b. At the discretion of theChief, APD may hire andretain personnel, orreassign current APDemployees, with sufficient
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toChief’s directive forcorrective trainingand that other noted
Review of follow-up on staffing/training/skills andexpertise of IABpersonnel via
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receive forceinvestigation annual in-service training.
training syllabai;IAB personneltesting successrates & reviewof testingparameters
receive and passcomprehensiontests on IApractices.Investigations arecompletedappropriately andaccording to trainingand policy beginningSeptember, 2015
cases completedafter September,2015 forsufficiency
65. Where appropriate toensure the fact andappearance of impartialityand with theauthorization of the Chief,
APD may refer a serioususe of force or forceindicating apparentcriminal conduct by anofficer to the Multi-
Agency Task Force forinvestigation.
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toChief’s directive forspecifically assignedinvestigation.Responsiveness of
APD to issues notedby monitoring teamre policy audits ofthis topic
Review of follow-up on staffing/training/skills andexpertise of IABpersonnel viacase sufficiency
66. To ensure thatcriminal andadministrativeinvestigations remainseparate, APD’sViolent Crimes Sectionmay support the Internal
Affairs Bureau or theMulti-Agency Task Force
Executive Qualitative APD Use ofForce ReportingPolicy
Reasonableness of APD’s response toChief’s directive forspecifically assignedinvestigation.Responsiveness of
APD to issues notedby monitoring teamre policy audits of
Review of follow-up consultationssufficiency
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in the investigation of anyserious use of force, asdefined by this
Agreement, includingcriticalfirearm discharges, in-custody deaths, or police-initiated actions in whicha death or seriousphysical injury occurs.
this topic
67. The Chief shall notifyand consult with theDistrict Attorney’s Office,the FederalBureau of Investigation,and/or the USAO, asappropriate, regardingany use of forceindicatingapparent criminal conductby an officer or evidenceof criminal conduct by anofficer discoveredduring a misconductinvestigation.
Executive Qualitative APD Use ofForce ReportingPolicy;“consultative”case files withDA, FBI, andUSAO
Reasonableness of APD’s response toChief’s “shall notifyand consult”directive in thisSection.Responsiveness of APD toissues noted bymonitoring team repolicy audits of thistopic
Review of follow-up VCS, MATFsufficiency
68. If the Internal AffairsBureau determines that acase will proceedcriminally, or where APDrequests a criminalprosecution, the Internal
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & review
> 95 of casesresulting in criminalreferrals exhibitinginclude a delayedcompelledinterviews/statement
Review of criminalcases includingcompelledstatements
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Affairs Bureau will delayanycompelled interview ofthe target officer(s)pending consultation withthe District Attorney’sOffice or the USAO,consistent withParagraph 186.
of testingparameters;relevantadministrativeand CID files
s, as perrequirement.
a. No other part of theinvestigation shall beheld in abeyance unlessspecifically authorized bythe Chief in consultationwith the agencyconducting the criminalinvestigation.
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters
> 95 of casesresulting in criminalreferrals exhibitinginclude a delayedcompelledinterviews/statements, as perrequirement.
Review of criminalcases includingcompelledstatements andChief’s writtenrequests
69. In conducting itsinvestigations of serioususes of force, as definedin this Agreement, theInternal Affairs Bureaushall:a) respond to the sceneand consult with the on-scene supervisor toensure that allpersonnel and subject(s)of use of force have beenexamined for injuries, thatsubject(s) have been
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, ensurethat all personneland subjectsinvolved have beenexamined forinjuries andinterviewed for
Review of serioususe of force casesincluding ensuringall personnel andsubjects of UoFhave beenexamined forinjuries andinterviewed forcomplains of pain
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interviewed forcomplaints of pain afteradvising thesubject(s) of his or herrights, and that all officersand/or subject(s) havereceivedmedical attention, ifapplicable;
complaints of pain,advised of theirrights, and allofficers and orsubjects havereceived medicalattention if neededas per requirement.
b) ensure that allevidence to establishmaterial facts related tothe use of force,including but not limitedto audio and videorecordings, photographs,and otherdocumentation of injuriesor the absence of injuriesis collected;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, andensured complianceto evidencestipulations as perrequirement.
Review of serioususe of force casesincluding relevantevidence issecured
c) ensure that a canvassfor, and interview of,witnesses is conducted.In addition,witnesses should beencouraged to provideand sign a writtenstatement in their
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;
> 95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and
Review of serioususe of force casesto ensure writtenstatements ofwitnesses weresecured ordeclined
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own words; Review ofClosed IABcases involving“serious uses offorce” forcompliance
ensured complianceto evidencestipulations as perrequirement.
d) ensure, consistent withapplicable law, that allofficers witnessing aserious use of force byanother officer provide ause of force narrative ofthe facts leading to theuse of force;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, andwitness officersprovide a use offorce narrative asper requirement.
Review of serioususe of force casesto ensure writtenstatements ofwitnesses officerswere secured ordeclined
e) ensure that all officersinvolved in a use of forceincident remainseparated until each hasbeen interviewed andnever conduct groupinterviews of theseofficers;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, andkept witness officersseparated and notconducted group
Review of serioususe of force casesto ensure witnessofficers wereseparated and notallowed to providegroup statements
Task No Field Data Data Sources Compliance Measures
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“serious uses offorce” forcompliance
interviews of witnessofficers
f) review all Use of ForceReports to ensure thatthese statements includetheinformation required bythis Agreement and APDpolicy;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, andwitness officers’statements includeall informationrequired by the SAand APD policy
Review of serioususe of force casesto ensure witnessofficers’statementsinclude allinformationrequired by theSA and APDpolicy
g) ensure that all Use ofForce Reports identify allofficers who wereinvolved in the incident,witnessed the incident, orwere on the scene whenit occurred;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” for
> 95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and allUse of ForceReports identify allofficers who wereinvolved in theincident, witnessed
Review of serioususe of force casesto ensure witnessofficers’statementsinclude allinformationrequired by theSA and APDpolicy
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compliance the incident, or wereon the scene when itoccurred
h. Ensure that all Use ofForce Reports depictinvestigations that wereconducted in a rigorousmanner designed todetermine the facts and,when conductinginterviews, avoid askingleading questions andnever ask officers orother witnesses anyquestions that maysuggest legal
justifications forthe officers’ conduct;
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and allUse of ForceReports identify allofficers who wereinvolved in theincident, witnessedthe incident, or wereon the scene when itoccurred
Review of serioususe of force casesdesigned todetermine thefacts and,when conductinginterviews, avoidasking leadingquestions andnever askofficers or otherwitnesses anyquestions thatmay suggest legal
justifications forthe officers’conduct;i)
i. Ensure that allinterviews are recorded
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IAB
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and allUse of ForceReports resulted in
Review of serioususe of force casesto ensure that allinterviews wererecorded
Task No Field Data Data Sources Compliance Measures
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cases involving“serious uses offorce” forcompliance
all interviews beingrecorded.
j. Ensure that all relevantevidence is considered,including circumstantial,direct, and physicalevidence, as appropriate,and make credibilitydeterminations, if feasible
Operational Quantitative Revised IABManual;training syllabi;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and allUse of Force casesconsider all relevantevidence, includingcircumstantial,direct, and physicalevidence, asappropriate, andmake credibilitydeterminations, iffeasible
Review of serioususe of force casesto ensure that allthat all relevantevidence isconsidered,includingcircumstantial,direct, andphysicalevidence, asappropriate, andmake credibilitydeterminations, iffeasible
k. make all reasonableefforts to resolve materialinconsistencies betweentheofficer, subject, andwitness statements, aswell as inconsistenciesbetween the
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;
> .95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and Use
Review of serioususe of force casesto ensure that allthat allreasonable effortsare made toresolve materialinconsistencies
Task No Field Data Data Sources Compliance Measures
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level of force describedby the officer and anyinjuries to personnel orsubjects
Review ofClosed IABcases involving“serious uses offorce” forcompliance
of Force casesconsider allreasonable efforts toresolve materialinconsistenciesbetween level offorce described byofficer and injuriesto personnel and/orsubjects
l. train all Internal AffairsBureau forceinvestigators on thefactors to considerwhen evaluatingcredibility, incorporatingcredibility instructionsprovided to
jurors.
Operational Quantitative Revised IABManual;training syllabai;IAB personneltesting successrates & reviewof testingparameters;Review ofClosed IABcases involving“serious uses offorce” forcompliance
> 95 of casesresulting in serioususes of forceindicated IAB hasresponded to scene,consulted with theon-scenesupervisor, and Useof Force casesconsider allreasonable efforts toresolve materialinconsistenciesbetween level offorce described byofficer and injuriesto personnel and/orsubjects
Review of trainingsyllabi, exams,and supportingmaterial to ensurecredibility factorswere taught andunderstood
71. The Internal Affairs Operational Quantitative Revised IAB > .95 of cases Cleared (final
Task No Field Data Data Sources Compliance Measures