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180409 Meeting MaterialsMaria T. Cisneros Golden Valley City Attorney DIRECT 612.843.5828 mcisneros@bestlaw.com BEST & FLANAGAN LLP 60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402 TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM Memorandum DATE: April 4, 2018 TO: Tim Cruikshank, City Manager FROM: Maria Cisneros, City Attorney REGARDING: Police Civil Service Commission Responsibilities, Delegation & Liability FILE NUMBER: 000090-317012 I. Introduction & Summary Under Minnesota Statutes Chapter 419 (the “Act”), the Golden Valley Civil Service Commission (the “Commission”) has “absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department.”1 The purpose of the Commission is to promote fairness and transparency in police department hiring practices. Given the breadth of the Commission’s responsibilities under the Act, the Commission’s actions and policies can present significant liability for the City.2 Accordingly, it is appropriate for the Commission to delegate certain responsibilities to City staff to mitigate potential liability and ensure efficient employment practices within the police department. As long as the Commission creates rules to guide the staff’s actions and use of discretion, retains overall discretion to make final certification decisions, and retains discretion to prescribe rules and formulate the selection process, delegation of Commission activities is permissible under the Act. II. Analysis A. Scope of Civil Service Commission Responsibilities The Act was originally enacted in 1929 to eliminate political partisanship in police department staffing.3 Under the Act, the Commission has “absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department.”4 The Commission is responsible for supervising and overseeing the hiring, promoting, suspending, and terminating of police department personnel.5 The Commission’s authority and role in each of these areas is defined in the Act. Despite the scope of the Act, 1 Minn. Stat. § 419.05; Golden Valley City Code § 2.55 (adopting Minn. Stat. §§ 419.01–419.18). 2 State ex rel. McGinnis v. Police Civil Service Comm’n., 91 N.W.2d 154 (Minn. 1958). 3See Yaeger v. Giguerre, 23 N.W.2d 22, 24 (Minn. 1946); Naeseth v. Village of Hibbing, 242 N.W. 6, 7 (Minn. 1932); State ex rel. Kos. v. Adamson, 32 N.W.2d 281, 282 (Minn. 1948). 4 Minn. Stat. § 419.05. 5 Id. Memorandum Page 2 the authority of the Commission is limited in some ways.6 For example, the Commission does not have authority to establish pay scales, vacations, sick leave, hospitalization, insurance, or other fringe benefits.7 Nor does the Commission have the authority to make final hiring decisions—that authority is vested in the City Manager as the appointing authority.8 The Act requires the Commission to adopt rules to promote police department efficiency and to carry out the purpose of the Act.9 The Commission’s responsibilities are defined in the Act and include the following: a. Grade and classify all employees of the Police Department and prepare a service register.10 b. Create and maintain an application register containing the names of all applicants.11 c. Prescribe application forms.12 d. Prescribe standards of fitness and efficiency for each office, position and employment.13 The Act requires that each examination test the applicants’ qualifications and fitness for the office; however, it does not explicitly required the Commission to create or administer the examinations. In fact, the Act explicitly authorizes delegation of examination administration to the chief of police and “every employee” of the department.14 e. Try charges of misconduct and inefficiency brought by a superior officer or the City Manager at the election of the affected employee.15 f. Adopt rules to promote efficiency in the police department and to carry out the purposes of the Act. 16 The rules must cover at least the following: i. Classification all offices and employments in the police department. ii. Public competitive examinations to test the fitness of applicants. iii. Public advertisement of all examinations. 6 Op. Att’y Gen. 785-e-2, October 21, 1965. 7 Id. 8 Minn. Stat. § 412.651, subd. 3; Op. Att’y Gen. 120, Dec. 16, 1974 (stating that the Commission does not have the authority to appoint personnel). 9 Minn. Stat. § 419.06. 10 Id. §§ 419.05, 419.08. 11 Id. § 419.05. 12 Id. 13 Id. § 419.08. 14 Id. § 419.09. 15 Id. § 419.11. In practice, the Commission’s role in hearing termination appeals has largely been replaced by the union labor grievance process at the election of the affected officers. 16 § 419.06(1)–(11). Memorandum Page 3 iv. Creation and maintenance of an eligible register containing the names of eligible candidates after successful examination in order of their standing in the examination. v. Creation of rules for striking names from the eligible register or rejecting candidates or eligibles that do not meet the minimum requirements. vi. Certification to the appointing authority (the City Manager) of the three names standing highest on the eligible register to fill any vacancy. vii. Procedures for temporary appointments without examination. viii. Promotion based on competitive examination and upon records of efficiency, character, conduct and seniority. ix. Suspension. The Act does not require the Commission to carry out the day-to-day work called for by its rules, nor does it require that all decisions be made by the Commission itself. Furthermore, the Act does not prohibit the Commission from delegating such responsibilities to City staff.17 In practice, many Civil Service Commissions delegate responsibility for carrying out the procedures embodied in their rules to City staff or other third parties.18 For example, the City of Maplewood delegates a substantial amount of responsibility to staff, including the creation of classifications and job descriptions, suspensions, training, performance evaluation, and moving employees from one position to another within a the same class.19 In Minneapolis, the rules specifically authorize the Human Resources Department to coordinate training and implement processes for evaluating job performance “in order to achieve a comprehensive, integrated human resources management system.”20 The reasons behind this common practice of delegating to staff appear to be practical. First, the Act requires the Commission to oversee virtually every aspect of police department employment. The demands of creating, monitoring and maintaining the lists; drafting job descriptions and classifications; coordinating, administering and grading testing; interviewing 17 Anderson v. Police Civil Service Comm’n, 414 N.W.2d 389, 392 (Minn. 1987) (“The statute’s language neither explicitly prohibits delegation of any of the statutory authority given to the Police Civil Service Commissions nor does it specifically mandate that all decisions of all facts of the process relative to personnel matters under the jurisdiction of the Police Civil Service Commissions be made by the commission itself.”). 18 See, e.g., Id. (upholding the commission’s decision to delegate the oral examination of applicants to a panel of non-commission members). 19 See, e.g., City of Maplewood Police Civil Service Commission Rules and Regulations § 4 (stating that “[t]he Human Resource Director, in conjunction with the Police Chief, will create classifications and job descriptions and will periodically review them for needed changes” subject to review by the commission); Id. (“the Chief of Police, subject to the approval of the City Manager, shall have authority to suspend said Department employee from duty with or without pay”). 20 City of Minneapolis Police Civil Service Rule 3. Memorandum Page 4 candidates; keeping abreast of the employment status of eligible candidates; training and evaluating staff; and handling disciplinary matters is substantial. Given the broad scope of the Commission’s oversight responsibilities and the complexity of the matters it oversees, it would be impractical to expect a group of three part-time volunteers to complete all of this work without staff involvement. Second, the structure of the Commission itself makes it difficult for the Commission to conduct business on a day-to-day basis. Under the Act, the Commission must be composed of three, unpaid Commissioners.21 To the extent Commissioners wish to handle these matters directly, they may only do so if one Commissioner handles the matter alone, or the whole Commission meets and holds a public meeting. The Commission is comprised of only three members, therefore, any time two or more commissioners gather to discuss Commission business, the meeting must be noticed and open to the public. 22 This means that Commissioners cannot collaborate with each other to handle matters outside of public meetings. Finally, the responsibilities of the Commission require expertise in human resources, employment law, law enforcement, and public administration. The City has never required Commissioners to have backgrounds or expertise in these areas and often Commissioners have little or no relevant experience. Delegating primary responsibility for carrying out the policies of the Commission to full-time staff, including subject matter experts such as human resources and administration professionals, ensures that the Commission’s policies are consistently and systematically followed and that they are in-line with the employment practices of other City departments. Additionally, engaging subject matter experts reduces the City’s potential liability for employment related claims under applicable state and federal employment laws, as well as claims for violations of the terms of the City’s collective bargaining agreements. Subject matter expertise is required to handle employment, discipline and record keeping matters, which are all highly regulated under state and federal law, and which are subject to other City policies and requirements. B. The Act Allows the Civil Service Commission to Delegate to City Staff The Commission may delegate some of its responsibilities to City staff. However, the power to delegate is not unlimited. The Commission may delegate all administrative and non- discretionary responsibilities as well as certain discretionary authority to the City Manager and 21 Minn. Stat. §§ 419.02, 419.04. 22 Minn. Stat. § 13D.01, subd. 1; Moberg v. Indep. Sch. Dist., 336 N.W.2d 510, 518 (Minn. 1983)(“[M]eetings subject to the requirements of the Open Meeting Law are those gathering of a quorum or more members… at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body.”); Minn. Stat. § 419.01, subd. 1. Memorandum Page 5 City staff so long as the Commission retains oversight over the process used in hiring, promoting, suspending, and terminating police department personnel.23 In Anderson v. Police Civil Serv. Comm’n,24 the Minnesota Supreme Court held that “a municipal police civil service commission . . . may delegate certain discretionary authority . . . [and that] such delegation is not illegal so long as [the commission] retains and exercises ultimate authority over the general selection process.”25 In Anderson, an unsuccessful applicant contended that the Willmar civil service commission impermissibly delegated its discretionary authority to non-commission members by appointing an interview board of persons familiar with law enforcement and city management to conduct and score the oral examinations.26 The unsuccessful applicant argued that it was “illegal for the commission to redelegate any of [its] power to an interview board by uncritically accepting the recommendation of the board.”27 The Court ultimately determined that although the commission delegated portions of the selection process, the delegation was permissible because the Commission (1) retained overall discretion to make the final selection; and (2) retained discretion to formulate the selection process. In so holding, the Court pointed out that while the Act states “that rules for employment-related examinations be made by the police commission, nowhere does the [Act] mandate explicitly that decisions under these rules be made by the commission itself.”28 Furthermore, the Court specifically noted that the Act “omits to explicitly state, or even imply that the commission must be the sole body to exercise individual decisions under [its] prescribed standards” of fitness and efficiency.29 Accordingly, there is no question that some level of delegation is contemplated by the Act and appropriate to achieve the purpose of the Act. The question of which responsibilities are permissible to delegate is less clear, but the various court cases and attorney general opinions available on the subject treat the matter as a factual question that is examined on a case-by-case basis and hinges on whether the Commission retained final oversight and control over the function.30 Some examples of delegable duties under Anderson include employment decisions made under existing civil service rules, decisions 23 Anderson, 414 N.W.2d 389. 24 Id. 25 Id. 26 Id. at 389–90. 27 Id. at 392. 28 Id. at 392–93. 29 Id. at 393. 30 See generally Anderson, 414 N.W.2d 389. Memorandum Page 6 regarding whether applicants have met the proscribed eligibility and fitness standards, administration of written examinations, and administration of oral interviews. The U.S. Supreme Court, in Wichita Railroad Company v. Public Utilities Commission, addressed a similar question related to delegation and concluded that a rule making body may delegate authority to an administrative body as long as the rule making body promulgates “a certain course of procedure and certain rules of decision” for the administrative body to function under.31 In other words, the rule making body must set up some standards or rules to guide the administrative agency’s actions, determination of facts and use of discretion. Under this precedent, the relevant legal question is whether the Commission, through its rules, has provided procedures to guide City staff in its actions, determination of facts and use of discretion with respect to police department employment matters. There are certain functions that the Commission may not delegate. For example, because the Commission must retain ultimate oversight over the selection process, the final certification of the list of eligible candidates and the approval of commission rules cannot be delegated.32 Notably, the Commission may not delegate its rule making authority because to do so would strip it of the ability to create a course of procedure and rules of decision.33 In summary, as long as the commission creates rules to guide the staff’s actions and use of discretion, retains overall discretion to make the final certification selection and retains discretion to formulate the selection process, most other commission duties may be delegated to staff or other third-party experts. C. Liability Concerns Related to Civil Service Commission Activities Having opted into the Act, the City faces some unique liability risks owing to the Commission’s involvement in and responsibility for employment matters within the police department. It is not uncommon for Minnesota cities to face legal action over civil service commission rules, conduct and decisions. 34 Some examples of topics over which civil service commissions and Cities have been sued include: 31 260 U.S. 48, 59 (1922). 32 See generally Anderson, 414 N.W.2d 389. 33 Id. at 394. 34 Andrew Wig, Minnesota Supreme Court Rules Against Richfield Police Promotion Process, SUN CURRENT, Jul. 1, 2015, available at https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court- rules-against-richfield-police-promotion-process/article_0acf0694-7368-50b7-bf93-d84b38f90ec7.html. Attached as Exhibit A. See also newspaper articles relating to 1957 Golden Valley Supreme Court case attached hereto as Exhibit B. Memorandum Page 7  Whether the oral examination process prescribed by a civil service commission was sufficiently competitive and objective.35  Whether a civil service commission’s certification of candidates was valid. 36  Whether a civil service commission placed the appropriate weight on seniority in the promotion process.37  Whether a civil service commission adequately considered personnel records in the promotion process.38  Whether an appeal of a civil service commission’s demotion of a police officer could be assigned to a three judge panel.39  Whether a civil service commission was required to consider the soldiers preference act in grading officers.40  Whether a civil service commission’s findings of a police officer’s misconduct or inefficiency could be set aside and the facts relevant to the misconduct tried before a jury.41  Whether a particular employee is subject to the commission’s jurisdiction.42 In addition to potential liability arising out of the actions, decision and procedures of the Commission, the City could face other liability arising from or related to the mere existence of the Commission, including, for example:  Liability related to the City’s decision not to require commissioners to have some subject matter expertise as a prerequisite to serving on the commission. Some cities mitigate this additional risk by requiring commissioners to have a background in human resources, law enforcement, or some other related field. Golden Valley has never imposed such a requirement. 35 State ex rel. Kos, 32 N.W.2d 281 (affirming district court’s invalidation of the Rochester civil service commission’s certification of a candidate for promotion because the oral examination process used did not employ an objective standard or measure). 36 Id. 37 Coudron v. Johnson, 288 N.W.2d 689 (Minn. 1979). 38 Peterson v. Richfield Civil Serv. Comm'n, 864 N.W.2d 340 (Minn. 2015) (holding that the commission violated Minn. Stat. § 419.06 by failing to consider records kept in regular course of civil service administration). 39 In re Appeal of Hasty, 302 N.W.2d 15 (Minn. 1981). 40 State ex rel. Jenkins v. Ernest, 268 N.W. 208 (Minn. 1936). 41 State ex rel. McGinnis, 91 N.W.2d. 154; Kunze v. Korolchuck, 349 N.W.2d. 337 (Minn. Ct. App. 1984). 42 Sellin v. City of Duluth, 80 N.W. 2d 67 (Minn. 1956). Memorandum Page 8  The potential for conflict between civil service commission rules and procedures with police union contracts and other employment contracts, policies and practices of the City.43  Liability for the statements and actions of commissioners as representatives of the City.44 As these examples illustrate, the existence of a civil service commission adds a layer of compliance complications to the police department’s employment decisions that do not exist for the City’s other departments. One recent example of liability arising from the police civil service commission involves the City of Richfield. In 2013, Richfield was involved in a lawsuit brought by five officers who alleged that the promotional hiring process discriminated against them based on age. The basis for their claims was that the Act requires promotions to be made based in part on an applicant’s “records of efficiency, character, conduct and seniority.” In the promotional process at issue, the Richfield civil service commission directed applicants not to submit written resumes or supporting documents. Instead, the applicants’ histories were discussed in the oral interview. The officers argued that the Commission failed to consider the required records because the term “records” refers to written documents. The Minnesota Court of Appeals disagreed, holding that verbal discussions were sufficient to meet the records requirements. In 2015, Minnesota Supreme Court heard the case and overturned the Court of Appeals and held that the Commission had violated the statute by failing to consider records “kept in the course of the administration of civil service.”45 The case lasted over two years, taking up significant staff time resources. In June, 2017, after extensive research on the subject, the Richfield City Council voted unanimously to disband its Civil Service Commission.46 The City of Richfield commissioned a promotional process improvement study to analyze the impact of the Civil Service Commission on the promotional process. The report concluded, among other things, that if the City did not abolish the Civil Service Commission, it could not participate in diversity-focused Officer hiring programs. The report is attached as Exhibit C. Golden Valley has also been sued over its Civil Service Commission’s actions. In State ex rel. McGinnis v. Police Civil Service Commission,47 the Minnesota Supreme Court considered whether the Golden Valley civil service commission had properly affirmed the Village’s decision to discharge the Police Chief. The trial court overturned the Commission’s decision and the Village appealed to the Supreme Court. The court did not fully resolve the case on 43 Minn. Stat. § 419.02 subd. 1. 44 See Exhibit C at 11. 45 Peterson v. Richfield Civ. Serv. Comm’n., 864 N.W.2d 340, 342 (Minn. 2015). 46 Miguel Otárola, Richfield Dissolves Police Civil Service Commission, WEST METRO BRIEFS, July 1, 2017. 47 91 N.W.2d 154 (Minn. 1958). Memorandum Page 9 appeal and although the outcome of the case was mostly in the Village’s favor, the appeal process persisted for over four years.48 Participation in such a lawsuit requires an investment of staff and commissioner time, uses the City’s legal resources, poses a risk of a financial judgment, and places ultimate control over City hiring and employment decisions with the court.49 Many cities rely on staff involvement in Commission activities to mitigate these liability risks. As previously discussed, such delegation is permitted under the Act, as long as the Commission retains discretion to make final certification decisions and formulate the selection process. III. Conclusion The purpose of the civil service commission is to promote fairness and transparency in police department hiring practices. At the core of the Commission’s duty is its responsibility for the creation of rules and processes that promote police department efficiency.50 The delegation of certain Commission responsibilities to the City Manager and staff furthers these goals by ensuring City resources are allocated efficiently, commission rules and procedures are followed and liability risks are mitigated. As long as the Commission retains overall discretion to make final certification decisions and retains discretion to formulate the selection process, delegation of Commission activities is permissible under the Act. 48 Id. 49 See, e.g., Kunze, 349 N.W.2d 337 (ordering the police department to pay wages and PERA contributions for the time period between when the police department member was wrongfully terminated and when he was reinstated); State ex rel. Jenkins v. Ernest, 268 N.W. 208, 209 (Minn. 1936) (holding that if a former police department member was dismissed “in violation of the civil service laws he will be restored to his former position”). 50 Minn. Stat. § 419.06. Exhibit A Minnesota Supreme Court rules against Richfield Police promotion process I Local News ... Page 1 of 3 https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court-rules-against- richfield-police-promotion-process/article_Oacf0694-7368-50b7-bf93-d84b38f90ec7 .html Minnesota Supreme Court rules against Richfield Police promotion process By Andrew Wig Jul 1, 2015 The Richfield Police Department's promotional process is under scrutiny following a Minnesota Supreme Court decision . The court ruled June 10 that a 2013 promotion process involving Officer Greg Peterson did not adequately consider his pertinent records . Peterson initially filed his case with the Minnesota Court of Appeals, claiming the Richfield Civil Service Commission failed to review "records of efficiency, character, conduct and seniority" when he was passed over for a detective promotion in 2013, according to a Minnesota Supreme Court opinion penned by Justice Alan Page. At issue was whether information disseminated during an oral interview constituted an adequate review of the "records." The posting for the open position in 2013 included the instructions, "Do not submit a resume or supporting documents," the Supreme Court opinion notes. The Richfield Civil Service Commission, which oversees the promotion and hiring process in the police department, is mandated by law to review those records, said Erik Hansen, Peterson's attorney. "The commission skipped that piece of it and just did a competitive examination," he asserted in a phone interview. In light of pending litigation, city officials are remaining mum on specifics regarding the Supreme Court's decision. "The city will not comment on pending litigation," Chief Jay Henthorne wrote in an email. https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules... 3/16 /2018 Minnesota Supreme Court rules against Richfi eld Police promotion process J Local News... Page 2 of 3 The court's decision means other promotions may be invalid as well, Hansen said, venturing, "I have to think that the people that are existing detectives don't properly have the job ." Following Peterson's petition regarding the 2013 promotion process, the Court of Appeals ruled, "nothing in the broad concept of records mandates a writing," according to Page's summary . But Page cites a previous Minnesota Supreme Court opinion -"State ex rel. Kos v. Adamson" -involving the Rochester Police Department. The court stated at that time, 'The records in question are required to be kept in the regular course of the administration of civil service. Information obtained or gathered for the occasion will not suffice. That sort of thing opens the door to personal favoritism and influence, which the law was designed to prevent." That statement guided the Supreme Court's decision on Peterson and Richfield, Page wrote. The Richfield Civil Service Commission violated the state statute "when it failed to consider records 'kept in the regular course of the administration of civil service.' ... We therefore reverse the court of appeals and remand to the Richfield Police and Fire Civil Service Commission.'' The commission addressed the candidate roster in question during its regular June 23 meeting . "The Court remanded the Peterson matter to the Commission directing that the Commission conduct a review of the candidates' personnel files pertaining to efficiency, character, conduct, and seniority," it says in a written statement from the Richfield City Manager's Office. The original four-person interview panel that evaluated Peterson and other candidates in 2013 conducted the review, according to the statement. "Based on the results of the review of the candidates' records, the Commission ratified the promot ional list in the same order as the 2013 list," the statement reads. https ://www.hometownsource.com/sun _ current/news/local/minne sota-supreme-court -rules ... 3/16 /2018 Minnesota Supreme Court rules against Richfield Police promotion process I Local News... Page 3 of 3 Peterson, who placed fourth out of five candidates on that list, is no stranger to legal action against the city. He was awarded $12,000 in a lawsuit in 2013 after he claimed age discrimination in his removal from the department's Special Investigations Unit. Then, last year, he filed another suit claiming he was the victim of discrimination following that judgment. A judge dismissed Peterson from the lawsuit, along with three other officers who also claimed age discrimination. The same lawsuit went to trial with a fifth claimant, Officer Jeff Hatzenbeller still attached. After going to trial, the city of Richfield won that suit in March . Contact Andrew Wig at andrew.wig@ecm-inc.com or follow him on Twitter @RISunCurrent. https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules ... 3/16/2018 Exhibit B Exhibit C CITY OP RICHFIELD POUCH DEPARTMENT Promotional Proce.a Improvement and Di.verse Recruitment Study & R.ecommendations 1-Scape &. Objecdvc ol RPD Pmmodooid Procaa Improvement&. Diverse R.eatdtment Study and Summaty of Key lt~tions A. ~ and Ob~ In Mardt 2017, ~· Gty of Richf,efd c:ommissi<med a promotional ptOCffl improvement study to tn'iew·and ·analyze the ·Clty of Richfield Police Oeputment's ,,u>Dj cuuent promotion..! ptoc.ess. The study-was con4ucted by undersigned Attomey&Qmsukattt ~ Soldo of ~o Con5u~ P.C The purpose of the fflJdywu w tbotougblymmine the RPDis pmmotioml ~ and identify strategic ~ improvement cbinp t0 molve known ~. potentialpnxess ·weaknesses mat• have been· succeufutlychdmged and idmtifyways for me RPO to enpge in·divene m:rwtrrlfflt effo«1$:.· · . B~ SJ1Dlffl111oi Kq&GOmmenda1iom: 'IM fotJowing Promotional procw improvffltfflt and divmity ~c recommendations an: ~ further in Section rv of this report: 11Page t. Loommcndatioa I l: It is recommended dw the City Council abolish the Richfield Pob Ovit Service OJmmissioo either by refaendum or unanimom vote of the City ~cil pum.mlt tp Minn. Sw. S 419J.6, Abolition of O>Rln'liss.ion~ a. The. function served by Civil Service OJmmissiom generally_ and the Richfield Qvil Senrice Cmnmission $pCCifta.ily, has diminished and is largely carried out by Clty subje<;t mauerexpens. b.. The Conuni1mon limits the R.PD't efforts to Mamt of A diverse wodt~ ··u the Commis,ion is 1lQl abotisW the Gtycannot participate in divmity-focused Offar hiring progniaw The CltyQm'endy bas in place, :m RPO Police MulticultuJtl Adrisoty Commh:tee ('PMACj tMt: fosters community involvemmL PMAC ~n represent diverse cmtumi ethnic, proftssiom~ educational, ero. backgtounds~ The·PMAC adwa the ·RPD on. how to better serve,. commurucate with; and. undmtand me commt.miry. The PMA.Cmeets momhly'With Police pel1Cll1Del to discuss .topics that are· important to their communities. . c. Successful implementation of smuegk procm improvemenc recommendations idmti6ed during d:m sndywiD require the overhaul of Cmmnission Ru1et and Replatiom and by changes ~ respeet to appointmentand training of cumm and. future Commission members. Sel Report: Section IV -Discussion of Key Process Improvement Recommendauom. IL ~ City of RichSeld Police Department's Ptomodoa.al Proccn A. For more than 70 }hl'S, the RPO's ptomotional ~s ha$ .. btta govemed by a Poke Civil~ ~siofl {"Commmion").~. Cotmnimon Rules and kplations p~ted bythe Richfield Gty~it A.201~ League of.1'1inne&Ota~·srudy identified only 22 of 880 Minnesoa attCS that Olntfflue·to utilize a.aw. Service ~ion form of governance for Police, F~ EMS and/ orall<ltyc~~ ()f that numberll the Gty of Richfield is one of only 17 atia utilizing a Polite· Ovil Serv~ c.ommiam .Sec Exhibit 2: Riddield Police.&: FiR Qd Service Commission .Rules and~ Public Safety/Poke Division (Lvei Match 2016). ~ U9 Exlwit 6! . Synopsis of League of Minnesou atia 2015 PoD Lprding ~ Ovit Services Cmnmissiotl.$~ · B.. lheCity of ltkhfiekl's Police ava .Service Omnnmion f"Comnussiort") was aeated pun~t w '.Minnesota StatuW 0tapter.4194 • Exhibit I: Minnesota SuwteS (],apter 419-Police, <lvil Semce ~iomf. Byswuie. the C.Ommission has "ab$olute conuol. and supervision over the employmen~ ~ disdiarge,.attd St1$peUton of al officm mi employees of the potice dcputment" ti defined by ~ion Rules ·and. Rtguhtiom. The Comuussion "may not pttscribe any midency ~m for the pomiom under m control unlc" approv«l by the city council» Sa Exlnl,it 1 & § 419.05 rt)uties· of c.omn.sionj. C. Pursuant to.~ Stat § 419.02, the Ctmmmsion .. is. a three+peaon·goveming body appointed bythe GyCouncil who are~ ohhe State, IUidmts of the Otyj appointed for~ to ~)tar tenm· aJ1d hold their office until their succmolS a~ appointed md qualifie,t l'1eitbcr Mum .. s~ .§419 nor the Commission .Rules and ~ require that C.Ommission fflffllben ~slollet$j baveanyrelevant human .mouices, labor relations. or other experience ~ t0 canyout c.ormmuion duties, le~ "the reauitmen~ c:wnhwioo, klectioot hiring,~ SUSPffl$Ktllt ckmotion and msdw:ge ofemployea covered by the· Rule$." ~ ~it 2: Riddield Police & f!in: Gvil Service G,mmmion lulti and P.egulatkim, Public Safety/Police Division (Revised Mm:b 2016) a Section II: Scope (pJ} D~ Hkt0rictlly and. currendy, the Omunmion performs ~ primary duties: .1) ·nie C-ommiuion approves the p~ hiring process moo~ by the RPrY, hiring am.hority-the Public SafetyDi~/Poiice Ouef; and 2) The <lnnmwion certifies th~ promotional eligibility mt following completion ohhe promotional testing and intetritw protffl. The ~sion is; aho responsible for hearing tennitution •ppe#IJ. a ask. the Comnlismon bl, not performed since• the 199<rs .due to union. ~onma: grievance procedures providing for the atbiuacion of termimttion matters. Be~ approving the p~ process and certifying the anuhing pmmotion dgibility&t, other ();nmninion dudes identified in O.,.mm1'5ioo_ Rules and .Bqulatiom (Re~ examination, seleaion, hiring. smpension and demotion) can be and have been delegated by the Cmmnission to othtr Oty personnel E. ln ·anc1 prior to 2012, RPD successfully knpitmented a f~phue hiring and promotional processes~ In 201Z for the rwons discussed further below,. the RPO changed the four.,.pha$e .promodooal process to a ~phase proca1. The new~ 'WIS ·U$edfor a Sergeant Promoriooal plUCCH in 2012, and. a Detective: promodo~ ~ in 2013.. In 2014., tbtte Detective candidata fiJed a lav.,suit against the .. Oty alleging age discrimination in the pmmooonal hiring process. ~t litigation led w p~ .~ in RPD's piomodotw hiring p~ for Sergeant and Lieutenant petitions filled in 2014; 2015 and 2016~ Sm Report: Section m -Disctnsioo of the R.PD1s 'Prom.otion..i ~. l. be 1: Written background and experience m~mem scored byPDI and comprising 20 to 25 percent of an ,pptbnts total score; :'t be 2: Written te$t sco.td by PDI and, comprising 20 to 25 percent of an ~s totAI score; J. Phag l: · Oral interview (comprising 2$ to 30 percent of the total seo1e) with a three-- person inwview panel that included one RPD conttnand mdf member and tw0 command staff members• from odter·pob departmettu; and 4:,. PbMc 4: -~Promoability' index (comprising 25 percent of an appliamt's totll score)~ ·which nnhd.candidata using. metrics such u integrity, professionalism, and ii\Ork. pnxluct hued on input from superviiors. a In 2010, RPD .learned that prior Sergeant candidata sham! Sergeam promonc,ml eligi,i&ty oral interview questions 'Mth other candidatcst C.Onsequendy, the RPD· bad to change .. it; testing procedure~ 1. At the recormnendatioo ~ PDI consubnui ~ RPO ,~ us~ the ~·~· testing process and ~ ~. Smndard.& .hsocJaces (a rwional testmg semcc) m de,,elop and administer new promotioml examinations~ Omer procedural changes ltPD implemented tOOk intO consideration candidate feedbackthat RPD's four-- phase promotional pttUSS 'W'U. too time co~g and an1UOU$~ 4(Paffe 2.. In 2012, the new promotional pro~ the RPD implemented for Detecuves, Sergeants and Lieutenants had rwot versus foor* phases: a~ Pb,s h a -written test comprising 40 pen:ent of sn appkant's total score, evaluated by Standard ·&As,ocia-; and. b. fbaa.2: an era! interview ~ruing 60 petce!'t of me score. The oral mtenvwpand. U1C1udedOtyHR.staff, the AssastantOryManagerand RPD command ,1w£. Chmmand suff nu:mhen from gutside police departments did not participate in tht pn)Ct$$. 3. ·11,c Ory discontinued the bacigrowld and experience (fonner Plwe 1) and ''ptomotahimft-ind.a (former Plme-4) __ portiom-of d,e R.PD;s. promotional proecss andaltocatcd the majority of the possible tow poinu. to the oral ~tion during which candida~ had the opportunity to omllypment their~ skills, experience and qualificatioM· for promotion. 4. The Otymed the new RPD !am procedure ro fill a Sergeartt position in 2012 and a Deieaive position in 2013. _ Sn E:chibit.4C 2012 Sergeant Testing Pnxess md &him 4D: 2013 ~ Testing PRX1Ss·Bau1ting in liiption .. S. [n 2013, the Q;yv.ti involved in a District C.Omt la.uit with initialyfm officers~ 11vee of tbt,se· officers ~ie pan of the suit based, on the 2013 Detective -_-_--I_ . __ ... T&....u_·-__ a1t...-._--_ ·d-· .-:;.i._ ........ ........_.;,." ... J 1..:-,... ____ -. -. -sdisa:iminattd ~-process .,.,.,_J ~~ .. \IE yivn..,.~....., 4-J#_.,.,~ pn:;,ces against. them on the buis of age~ a. (hmmission Rules and~ provide mat promotions ''mmt be bL~ upon coqxtitivc examination and upon reconfs C>f efficiency..chan.aer, a.,nduct md seniority." Sn. Eduoit 2 ii Section XIU "' Promotions, para,, b (p.15). b~ The lkipffl Off~n ~ged,--_ ._m_-_-__ -___ relevant_-· ---. par; _that~ the City's ~tion_-of th~ baciground and expenence<and ·~promo1ability1 index phases of the p~I _pmcas· µnfaidyprceluded c<>midemoon of their experience and bisu,ryof positive 'Mlrk experience. Le~-the Promotional process did not talc£ their seniority in.to account thereby resulting in disparate impa.o based on ap. e-The Qiyugoed, among other~ that all promotional candidaw-had an opportunity during t1ieir onl interview to vetballypresent their record of c•dfiaencyi dwactet, conduct ttnd seniority,» including Jmrocy of positive 'WQrk experience. d~ ~ litiption lead to some Ory liability and ~0011 guidance Ulat the candidate's vetbal. presentation during their oral interview of their ••recom of dF1eieneyJ charaaer~ conduct and senioritr • m suffiGient. The andia.uts ~ted.-reeotd must be considered. 6~ In 2014:, dlC Gtychanged the~ promotional p~ to inc~ the in~mcw ~ 11 eview and consideration of candidate pmonnel file records~ ~ Exhibit 4D: 2013 ~ave Testing Process hsulting in Litigation;. SK Exhi>it 4E: 2014 Lieutenant Testing Process; ~ Exhibit 4F: 2015 Seigeant Testing Process illd . . Exboit 4G: ·2016 Sergeant Testing Process. S=·a.a Exbbit S: Litiption hcorcb-. 1 ~ In March 2017, the Qty commissioned the study discussed herein m fully and thoroughly examine RPD;s prom.otimw process ttd identify stntegie process improvement changes to molve lmo'Wft and porem:ial p~ wealtt1es&es that have been soo:eufuDy challenged and idemify waJS for the RPD tO engage in divene recruitment d'fom .. 8. The RPD,s curmtt Contminion..appmv«l p~ process, which is govtmtd byC:hmmission Ruks and Regu)at.100$, inc~ the following eight (8) bysteps: a. Ssqu: ·1ne C.Otnml$$ion ~roves the promotional process recommended by me hiring authority. l1ie Commmion performs mis wk. ~ ~ TbeRPDadvenisesfor~levelOfficer~ TheRPOposts intemallyand receives memoranda of interest for vacancies for the ranb of ~. Detective, l.icutenmt and Depm:yChief. The •k is not perfonncd by the Cbmmission; it bas been delcptcd and by the Ommlission to other Citystaf[ , e., Stqtl: 1he RPO idemifa eligible ca~, ie~ applicants/ candidates who meec··efflbmhed minimum qualific:atiom~ The mk is not pedorrned by the Commission; it hu b«n delegated byme Comtnission to omer Citysuf[ d. ~· The RPD offtts and·~ intemally, a volunmryptmmtioml examination orientation; . . The wk is not performed bythe Cmnmi.uion; it bu been deicpted bythe Commission to other Otystaff. e.. SJqu: The RPO ronducrs a multi-phase promotional examination and cttateS a promotional list (referred t0 in O>mmission tu1es. as deligible Rpterj. The task ii not perfonned by the Commission; it bu been delega~ byme Oxnmission to other Otystaff. From time,.to,.time, as provided by Commission Rules and Re.gulatiom,. a C.Ommissiooer may obs~rvc the tffling procas .. f,. Su ft RPO staff ubulate composite tandmte written examination and oral interview' score, after expiration of the established examinati<m appeal period. The mk is not petforrned·by the· CnmnlUsion; it bas been delegated bydre Commission to ·other·Otymft g. 5tlitl: The O>miniuion certifies the promotk>nal list C'eligible register'')~ The Commission performs dtis mk. b.,. ~· The promotional eligibility list is sent tO the ~.authority (the ~ of Public.Safety/Police Ouei) '1ilh:>· makes final hiring decision. The hiring authority pedorms.·tlm mk .~· Exhibit 4E: 2014 lieutcnant Testing Pl(JCt.Ss; Exiiibit 4F1 201S Sergeant Testing .~ &WJ. Exmoit 4G: 201, Seigam Testing Process. IV. Discustion of kt:)t Ptoc.ae lmptovem.eat ltecommendatiou Bu«l Oil I tbotougb review· of RPO~, prior· and current promotional procma and (X)D.1~tion of we· factoB that. Jed to promotional process challenges and City liability; the following promotional pt'OeflS improvetnem ·clwiges are recommended: A ~tion # J: It is recommended that the Ot.yOxmci! abolish the Richfield .Police uvil Service Commission either by metmdumorumnimous voie of the Qty Council punumt m Minn. Stat § 419.16, Abolition of Oamission .. ~ swme provides in releum pan: ··A police dvil service· convnission ~ under dis chapter .maybe abo&hed •·follows: ... (2) by•~ vote of the city coundl" Su Exmbic 1: Mmnesoa. StaiuteS Otaprer 419 -Police Ovil Service C.Omttmsiom. L Mcmalc: The· funaion served byQvil Service CL.tmnissiom genmdly, and the Richfield Police aw Service Commission specifia.ll)'i bu diminished md is luply carried out byOtys~jea matter expert$;. . a. In the ·1930'.··wben me Public Employee La.bor Relations kt f'?ELRA'J. ·wu implemented, the Ovit Service Oxnmission fonn·of governance and oversight -..u instituted.. The objeetive· was m·separam remmtneflt, hiring and firing from Council and local politics+ Wm the h1ting of City managen/ administnton, human resources pmfessionu, labor attorneys and tmioni:mtion, them is no pnctical need for a uvil Service Commission comprised of comrnmtity member volunteers for 'Whom there are no esubliihed minimum qualificat.iom to carry out Oxmniuion-delegated duties set forth in often antiquated Commission rules and mgulatiom,. In pmaice,: hiring authorities,, in CQmuhation w~ Oty Adminismtors/MamgetS, human•~· personnel md.Oty lep1 counse~ employmategic and .sound hiring pm:tffl+ G~ p~~ U?•wuon labor conmcu ensure procedural ovenight of the disclp&.e and temumuon process. b. lhe Otyot Richftdd is one of seventeen (out of 880) Minnesota cities still Utilizing a Police Gvil Service Omunission fonn of governance~ Most recently, m2014,·the OtyofGrand Rapid$ abolished its Ovil Service Gxnmiaion dtrough a unanimous Vote of the Grand Rapids at,Council a$ provided for by Minn. Stat. S 419.16.. Grand Bapidsi like other cities, determined that OmlmissioP mies and Rplatiom hindered rather than benefttted the ptOmOtional.·. hiring proceu_and pre.·• c~ for·~. teamm···d··· iicussed further below~.police depamnem diveaq r«nutmem effnm~ ~ .. httvJ /W9.'\lf~gmndr.t~com/ news/ gr~iJ..voteS-to-abois~ ~sion/ article_6afd6b80.SSf9..t Je4-8797~276453d-49ct9lmnt c.. The Richf1eld Police Gvil Service Commission is, bystamte, comprised of three commmitymemben appoim«I by•me Ory~ -whose. Ummission appoimmellf/ membeabip u not contingent upon their human resources and latior· reJmom aperience and apettise arguably required many out the key ·~ ~ selection,·hiring, pmmotior~ ~i(&.demt,uon. and dire~ duta with. which the Cmnmimon • tulfcct Consequently~ in puaice, the· Commission has delegated to Oty hiring authorities (the Dnaor of Publie Safety/Police Olief, in cons\lbtion \VUl1 HI.and .aty•Jtgal counsel ('subject matter expem11'))1 most of the C.ornmiuion duties idemifted in cunent r-.-.. :......... .· .9 ... nk.t.~ .. -.. and 'D.-. ..t ....... :-..,. • ·.. ·""'· .. ¥:L-n...L1::_ Safi . Direct .. ··.•· .· . . or,1Pofice. . r,_ .. · .. =·.·:.... ·.·.£ .. •. in "-'ANUJJ~IOO ~ . . . ,.l.~~g, .Ult: ·~ .. ety . . I '1..,im:1,s consultation ,rim Clty subjea matt« expemt is iapomib)e for handling RPD lfflUiunent, hiring and promotions:+ <L Hinomllyand cwmidy, the ··adMJ role of me licbfield Polk.e Clvil Service c.ommiuion is narrowly limited to performing nm functions: t) approving the RPO biting and promotiooa.1.~.es ~by~~ a~ the Omf/Pub& Safety Director; and 2) lppt'O\fing/ certifying me list of eJipole candidates the biting authority f)mtlU$ tO ffle O:trnmi1sion anhe concJusttm of die approved hiring/ promotion process~ While me Commission is also ·dwged with bearing tcnnination appeals, it has n0t pedormed that funttion tinee the· . 199CY1 (more than twenty :,am ago). The Coo.unmion•s de widi repttl to imnimoon appeals bas been lugely ieplsced by die Cityt, negoated labor con~ grievance procedure.s with election of nmeclies ·p~idons allowing Officea. Detectives, Sergeants and lieutenants to follow the .grievance process through atbimtOOQ or, in the alternative, to retJUe$t a hearing before the Commission. SB. E:xhi)it 3: Richfield Police Department C.Ollective Bargaining Agreements (Offacen and De~OVC$ 8t Police SupcmsQrS)~ e. RichfrelclPolicc avil Service Cmmnission ·Rules and ·Regulauom· are antiquated and require signifian~ versm piecemeal, upduing. • Some bytenninologyis outdated, e~g.,. the prornotiona.l &tis ·referred to u "eligible. registce and job descriptions -.re referred to u -~~tion of position(s)"? . • Processes mentioned regmling ·job .pooinp, iolicitation of Offieer letters· of inceiat, submiuion of 2Pplieation1 and the C~ioo's aauat. iole hi.~ prornotional process are ineomistent with current pmctica, -which have changed due to advancft in teehnology and Cl->rnmission delegation of dmia to lU>O command staff. 2. Balimak: If the C:Ommission is nm abolished, me Clty cannot pmieipate in divmitr,focustd Offwer hiring progmns. a... Alguablytbe ~ ifflporrant·reuoo for the CltyCouncil to abo&h the .· Commission is that Minnesota Statutes Cnapttr 419 and Gmnnmion ~s·and Regufatiom p~ ~. RP]) from participating in dive~focused Officer hiring programs. Thus, the Qnnmission u:. a. barrier to. the RPD~,.1ffl'Uiunent of a divene ~orce-- • An Aprils, 2017 ~41tthomd byOty AnomcyMuyTieqtn dis~ses the zas0f1$ Commission ma and regulations do .mx allow RPO, like lawenloreement ~ that® n0t have a Ovit Service Cmnrnission, t0 pmicipate in me succmful Sdlutban I.aw Ent~ Tr;ining Acadefllf~TAj~ Ss;Exhi>it8: 04 .. 08.t7Memonmdumfnxn0ty AttomeyMaryT~jen t0 Ory Manager Steve Devich and DRa01' of Public Safety/Police 0-f Jay:Ei!ndiome Re: Suburban Law Enforcement Training Program • The pwpme of SI.ETJ\ is t<:> divenify me mib.of suburban~ depanroom and more closely align depamnents to· the·conmunitia they serve.. Participating law mforce~ age11eies 1 join together to cooperatively hire non.traditional candidaies a! future Police Offacers. • Participating agencies -an. up-front conditional job offer ma Trainee, v;bo· then must ~tfuDycoq,lete ~ouqework and pas the• licensing erun and the imct\ricw p~. Trainee$ ~ complete the requirements antomatblly become digl'hle for• "promotion., to dx posit:ioo of Police Offteer~ • Oamm.· ~ip~:::i;.~.•. · · · .... a) City B~.·.b) O.tyof ~ c) OtyoUt. Louis Pane; dJ atyof ~; e){kj of ..... · .··.· • ~ 4) me Afem;ipolian Air:pom Commission. IIPage • Ricltf~ld Police ava Service ~ion rules and regulations do not.allow the RPD m paniclpm in SI.ETA Commission rules md regulations are based on requimnents in Minn. Stat. § 419.06, "1hich mandate a 0,rmnis:sion to adopt rules that include publie advertisemeng and competitive examinatiom for RPD pooitiom1 including promotional positiom .. A conditional job offer may not be extended t0 a andidate untl·afmr the examination and «ttif1tation proa.'S$~ ldinnesota Statutes S 419 does not authorize a Commission t0 adopt mies thu ·wt>Uld provide for excepdons m tba1 process or suspend a. ndes in .Cfflain clreumsances~ O:tmequendy* Commission Nla prcdude· the RPD from participating in the .sLETA and employ other diversity-focused hiring practices that do not comport -with existing O>mmitsion ndes. and regulatiom. • The business case for the City~• e~ii<m nd reform of RPO'$· recroitmeni, selection and .promodonal proces~ unconstrained by Cornmtflion ·Rules and Lguktiom. if found in A jmtmy 2015 "0tvct,ity m ·I.aw Enf~t li~tme llc:vicwn.. The te'riew· U'U jointly conducted and published by the: US. Depamn,mt of Justice Ovi Rights ~ .Depanmem of Justice Pmgmm and dlC: Equal Oppommity and Employment Commission. The ieview report~ iD televant put J~[W'mkfou:eJ (d]ivmitycan be a crucial element in establishing and expanding uust.~n law enforcement and. the community:; Workforee divmitytnay aJso. have positive effem ·on law enfmcemem igcncies; ·~. them Jen .insular and.~ ~eqxive to~.,.·· .. · .... •• l In. add~ the offtccrs ~. ·.m .. hired.· . often rnp tremendous beneftts that irwre to their fatnilies and cotmnu.nita ... tlt[l]hcre ate concrete steps law enforcement a~ ·can Qke that will result in· greater divmityamong their·petsonneL By examining · • when necessary, refonning reauitment, selection, and mining effons) Jawenforcemel'lr: agencies an attract and main highly qualifted world~ dm better re£lea the~. they &eNe!' «Traditional measures for hiring and mining police offteffl and other law enfoiament pmonnel not only have adverse impact on diversity. but also serve to undcmune.· the ability to attnlct the most qualified and effective individuals for important public safety jobs~ By id.entifying the (iC'tOIS and skills dw: are critical to effective law mfmt:ement, poict depanmcnu and·ocher agenciet can design 10IPage pmccdut6. that will attt.ct · individuals that an: both highly qualif ttd and divme .. •• .SK Exhibit 9: Divfflnty in Lnt Enforcement: A Liteiatute Review"',. Published Januaty 2015 by the US. Deputtncnt o{Justice and die US .. Equal Employment Oppommity~ion~ • The Oty cumntly has in place, an RPO Police.Multieult.u.tal Advi.1ory Committee f PMAC'j that fosten COillIIlWuty m'v(>lvetntttt The role of w AdvisoryComminee showd resolve concerns that dissolution of ·the. C:Ommission fomelosu any opportunity £or citi7.m/oommuniry involvement. • The PMAC is a 10-t0 ti-memberc~memberadvisoryboatd. PMAC members repment diveae .cultura\ ·edmic:t prof a~ educationat cte~ bae~. The PMAC advises the RPO·~· how to hetter serve, cornmumtate\\ffll, and undmwvJ the~+ The PMAC meea monrhly with Police penonnel to discuss topics that &re· important to their cominunities .. • The primuyrole of PMAc·metmen is to highlight e~~ and "WO!k~and coD.aborativelywirh me community and RPO m address those concems. PMAC members also co-organizes many communiq, engagement initiatives and fittM>tk and engage with neighbors, ~tkffl, s~, c~u and adten to learn bowPMACcan improve police commwuty J:Clatiom,, Sa Police Multiadtur.u Advisoiy~ 11 http:/ lwww.cit)nfrichfaeld..otgl depmmenu/pubio-afety/joim .. ~police-parm.emup/~ ~a.dvs~. (lutvi1itedMay21,201i) c. Rationak ~.· ·!ul ~Jeme~ _of smregic. · .. : proces .. 4 ·. s improvement ft(Oiluntndadons identifted dunng dm mxlywill require ·me ovethaul of t':ommiuion Rtoo and Regtdations and ~Y.~ ·with ~spect t0 ~tmem: and naming of ouncnt and futute Commission metnben~ • If the Police Ovil Service Commission is not abolished fort.be t'eQ·om· discussed further above, the complete overhaul of ~ion tu1cs must be completed .. Akhougb painstaking and time com~·tbis· usk i$ essential to m:onciJe ambiguities in Commistion mies .and. act.Ual. hiring and p~I practices that create potential City liability. • lhl~ l\llice··· .. O ..... ~v.il·Seni. ···ice··· ...... Oxnmis ...... · .... · .... · ... sm w nota. bolished, it.i$ impemti,~that· the CltyO:>uncil establish and enforce minimum qualifacatiom for Cotnmissioner app<>immenQ; and mandate and provKle· Commissioner ~ .. Historically. the ·City of Rkh6etd't Comm.aion, lib: omer Ovil Serva Comm1Uiom, is compmed of COll1t11UDity memben ·vilo express an interest in volunteering to serve on die· Gmtminion or are recruited ,nd agree t0 serve~ Minnesota Statutes Otaptet 419 does not require a Oc:y Council Ult or preclude a GtyCoundl from, establishing mmitnum quali&atiom and experience Standards .for C.Ommis,iQn .• members; c*g.• tKruitment, human resources and/or labor mbtiom uaming and expe~ etc.. Similarly; the sww:e does oot ~quire a Chuncil to, or preclude a O>uncil tton'lt estabmhmg Commission behavioral RanWlfflSs • Qlrrem: Commission rules and zegulations:· a) do no identify any min~ qualmations for C:Ommission memben~ an([· b) do not requise· taS;K-$.J*ifie am. fiduciary and professional mponsibilityuainiog for O>mnmsion members" or esulilisb or reference any code of ·conduct or other nilti governing C.Ommiuion member conduct Recmt Oty liab•lity is ~' in pa~ to the claims of a single G.,mmis,ion member that the Comrnissioo approved .promooonal piucess was ~riminamyand the te$Ulting Chmmis$ion cettifted pmmotional eligibilq list was invalid. • It is mcomm.ended that. the City<:ouacil implement md enfo«c a OviJ Serv~ Commissioner Olde of~ It is also RC011UDended that die OtyCbuncit mandate and conduct annual c.omm.ion dut.¥:specific mining, including training reptding: a) Commmion«.~ b) ·O>mmissiooer fiduciarymspomibility; c) O>mmissiom:r ethla and. confb of incerm; d) data Pffi'aCY requin!mems. and e) recruitment. examination, selection. hiringi promotion. suspension. demotion and d.isdmge,. B. 1¥9J!DTDDlation f 2: It i, ·~ dm the Oty conm.a with a professional consultit,g firm to manage .the RPO~ hiring pnxas from $Wt ro fJQb or implement me. recommended changes to the cuncnt pnxas idemified during this$~ 111Page 1 In the. altcmarive,if RPD continues to intemallymanage the hiring.and p~ pmccm, it is: tecon:mendtd that RPD implement die promotiona.l process improvement changes ident.ified during this studi IV-Eddhits A. Exlubit 1: Minnesota Stawtel <lupter 419 -Police GYrt Service c.omrnissions lt Exlmit 2: RichfaeldPolice &Fire Ovil Service Commission Rub and&g~. Public Safety/Police Division (Revised March 2016) C Exhibit l: Richfield Police Department Collective Bargaining AgreenEnts (Officm and ~ &Police Supe1VBOO) 0 .. Hxlmit 4: Riddield Po.lice Department Testing Processes Employed During the Peri<>d 2009-2,016 & Eduoit 5: 1 qition kor& R ~· 6: .•. SJDOf'~of League of Minnesoca Gies 2015 PoU.Regatding Mmnflota CM1 Serva1 G:mJmi.u10n5 G,, Exhibit 7;. Pc,Q Jepding Neighboring Police .0tpanmem Testing Processes H Exhibit 8:. OfJltU.7 Memorandum fmm City Attorney MuyTICqen t0 City~rSteve Devich md ~ of Public Safety/Polict Oiief Jayffemhome Re: Submban law Emorc~T~Progmm J~ Exmoit 91·· "Div~ty in Law Eufotrdnmc A Li~ Review'. Puhlishcd.Jmuuy 2015 by the US. l>eputment of Justice and the US. Equal Etnployment Oppommity CDmmission 121Page ~lie M Soldo, <:omultant SOLDO CONSULTING~ P.C. Telephone {6S t.) ~S..3748 Email: rnsoldo@soldocomuking.com [REMAINDEROFTHE PAGE LEFTBLANK] DIVERSITY IN LAW ENFORCEMENT: A LITERATURE REVIEW lJ.S~ Department of Justice Civil Ri2hts Dhrision ....., Oft1ce of Justice Programs ll.S* Equal Employment Opportunity Cotrunisslon 'Re~enteveul$ have placed n spotlight oo. tbe lack of divc1'S,ity \vitbin ix•Uce deparun~nt.~ and other law enforcement agencies ac,ross the nation. After this past summer's events in fterguson, Missouri.· many news organizations focused 011 the racial demographics of the Ferguson Police Depm1n:1ent I Although approximately m•o .. thfrds of Fcr~•usoo~ Mis..~111ri ls re,1dents are Africun A.merican\ <mly tbree of the town~s fi:fty..:thre~ c<1m.misskmed police officers are Atrk'"all American. ii Ferguson is far from alone in this re{fd.rd; there arc poi ice depanments in everyc,)rnet of the United States where there are severe mis.rnatches between tile racial composition. of the police force and the demographics of the community at large. 111 The Department of Justice ~s Civil Rights Division (CRT) and Office of Justice Progrmus (OJP) have joined with the Equa 1. EmploYfnent Opportunity CnmmisNi<)O (EEOC) to respe.~rfuUy submit the attached literature review. It has been our coHecti ve cxpeliencc that any consideration of policing effectiveness is incomplete ·w·ilhout attention. to ""ho our poliec officers are; as weU as whether the police force retlects the community that its o.fficers are S'W'Om to serve. fr Although workforce diversity alone ma},; not resolve all is.iues teiated to the fairness and effoctiveaicss •1f policing~" achie\'ing diver~ity in law enforcement agendes can increa..\e trust between those agencies and dre communiti.cs they serve.n That basic trust can be an essential part of defusing te11sior1~ investigating and solving crime~ and creating a system·\\itiere ·citizens believe· tha.t they can rely on their police departments and receive faiT trc,.atmcnt Indeed, Yictims and witnes..~s of crinJJC may not approach or engage with law enforcen1t.1u officials ff d1cy d•:t not perceive them to be· responsive to their experiences· an.d concerns. A tiivcrse 1>olice department is also less likely to be :insular1) and therefore can be more receptive t(l change~ Moreover,, a commitn1ent to diversity iu hiring and promotion opens enicial public sector jobs to all Americans and hc111s ensure equal cmplo)mcnt opportunity in public safety jobs. These jobs are the backbone of a conununhy: they offer it)ttg'"'ttnn tmd rewarding careen;; bring famm~ into d1e middle class; and create investment in the community, al I of which have a significant pt-.shivc impact on Uuu community~s sc:h-0ols and htJusing and, indccd1' in aU<itbcr aspects of the American dream .. Lack of diversity in police departments directly implicates some. of <mr nation's most funtiflmem;al civil right, la"!.vs and protections."" Title VU t1f the Civil Right.-; Acl of 1964 (Title \in), vid which ts enforced bylmth the EEOC and CRT, pt'ohibits e111ployn1ent discnmillationon the b\,;i, of race~ sex, ct1h;,r., religj(,n~ and national origin. Tide VU prohibit-; intentfomd disc·riminatititr-for exaJrq1lc, \vhcrc a job aJ1plicant~ despite being qual ificd for the position~ is m.)(. hin.-d because (1f race, sex, ,.1r anothct prot.ected charac,teristic. Unfortunately, intetniomd employment discritnination still remains a subsrantia) ban·icr in the law entbrcement context 'For cxampl~, two years agt1 CRTs Employment Utigatic,-1n Section brought a case,, which wi~ reforrcd from the EEOC, on behalf of a woman serving as a sergeant at a small police de,pa:rtment who had been passed over to be assigned shift commander in favor of a 1na.n with lc.ss expc1·ien~}i Tilii, vk:ti,u was the only wc,unan who ,v1,rked al the po.Hee department; an fact~ twcnty,.,.t.hrcc years earl icr she had to bring a lawsuit just to obtain a position wii.h the department In the most rectmt ca,~ . ., the ~ergeant filed another discrimination diargc in ordc;r tt:1 receive equal treatment As a result of CRT's involvement in the case;,: .she obtained the promotion to shift comman,rer she dese1,red. T•de VU ,tso·probibits the use of neutral select.ion practices that fall more heavily on one group.unless those pra{.1iccs have been shown to be job related and consistent with business t)l;--CC&"lity; The Di;,.l)a11,1nem or Jus.dcc, 1.bc EEOC~ and private plainttffs have a long histt;,ry of su<:ces.sfuUy challenging fi.1daJ ly neutral job screening devices-such as height requirements. written tests? or ph;1skal tes.ts,, ,,that have an adverse impact on protected groups and are not job related or consistent with business necessity. For example,,. CRT successfully sued a state regiu'ding its written examirudiott tl1r police sergeants; a.s a result,. some of the &tuai I: c:(,mruuoities that use the challenged examination promoted dicirjrr:rt ever African ... American sergeants this :)~r.X Ft1H<,wiug an EEOC in\·t-stigation. CRT a1S<.• succcs.sfuUy sued the N~w Y <Jrk City fir~ Dep:utmentrega:rding its \\:Tttretl examination fol' entry,.level hires.'' The 1V,~w York Time_., <.!hrnnicled tbe success of one of the Aliican-Americ:an firefighters hired as it resuit <:tf thiit lawsuit; at tbe firsUire be fougJ1t 1 he located and helped rescue a five.smonth .. t:ttd chikl.xiji For more on Cbc EEOC'ts work in this art;a11 please see Chair Jenny Yang~s writt~n testimony submitted Ott. January 2 f ·~ 20 JS, and attached here a~ Appet1dix · B~ The.·fede:ral government cannot investigate or litigate every meritorious case of empJoymentd1$erlmination that may cxistJ especially given that there an: nearly 18,000 state and local law enforcement agencies in the United States.. 111e i>residenes ·ra..'\k: Force on 21st Century Policing, howevcrt is uniquely situated to highlight the importance of workforc<: diversity f<>r pu1 ice departrnents and other law eufon;:en1ent agencies .. · We beheve that a crucial component of that message should be identifying barriers iha.t undcnnine divcrs,ity and equal e1npk,yn1¢nt opportunity, while also highlighting best practices that department.~ CAl1 use tt1 recrui~ hire~ a.ad retain qualified and diverse personnel. We hope that the attached revie,,,,._which assembles research and acadcntie scbolarsbJ 1> that have addressed the issue of" diversity in la.w enforccment~n aid in that process., Although ·this review is not exhausth;t\ it is designed to provide a cross-section ofrelevant i"ntorrnatfon that we hope wiU be helpful and inform;ltive to the Ta~k f()tee, \Ve pres;ent the literature revievt in four categories: • 'Why DiYenib· Mattets« Divers.in· can be a crucial elenu.,mt in establishing and .. . -.. -. ~~ expanding trust between fow enforcert)~U and tile cornrnunity.. Workfhrce diversity ni~:y also have positive effocts on law enforcement agencies; making them less insular and 2 mot"C teet.i)tivc to chatlgc. In additfon~ the vfl1ccr8 who ar\: hit-ed often reap tremetidou.i benefits t.hat inure to ihdr families and communities. • Barden to Achie,ing Dh·enity., A wide range of barriers may undermine diversity at every stage oftt1e. recruiting, biring, ru1d selection Jlroces~. liiere is substantial eviden~ tbattbet;c barriers hav·c made it difficult for underrepresented groups (Le., racial/ctbnic n1inorities, wom.eo, and LGBTr individuals) to secu.rc posrtions in law enforc.cnu:nt • B~st Practices for Achie1,iug bh·enit)·. There are concrete steps !aw enthrcement ag_cncie,,s. can lake that will result in greater diversity among their personnel. By examining and~ when necessary, refurming recruitrnein. selection~ and training etfort.~"' ltlwcnforccmcnt agencies can attract and retain highly qualified workforces that.better reflect the communities they serve. • Cltara;rtenstlct <•f Higb Quail~· taw Enf(>rtmttnc Per*«Htnel~ Tt'aditfonal measures for hiring and training police officers and other law enforcement pcrsooncl not only have adverse impact <m diversityr but a1sc) serve to undermine the abiUty to attract the most qualified and effective individuals for important public safety jobs. By identifying the faetors and skills that are critical to effective law enforcement, police departments and other agencies can design procedures that will attract individW1.ls that aro both highly qualified and diverse,. We have .. ,lso attached~ as Appendix A to the review, a list of experts oo the issue of w·orkforce diversity in law enforcement with vthom the EEOC and the Depanment of Justice have worked,, This.list is ntlt1-exhaustive; we hope th~t lt can serve as a rt.stn1rcc 1tnd starting poiut if the Task For,:e de~it'es additional perspectives (1.r hlibt1nado11 about tbe matters covered in this document and the attached literature n:vie,v, i See; e.g,, Bathy$1 Ungar-Sa:r:gqn~ Ll!,;1s.1ms/ar Fel)JUNtm In Cret1ti11g iJ DltvYrse Piiliie Oepartmifl.tt., FIVE.TlilR"r'lEl<.rtrr POUTJCS.. Jao. 5~ 2015~· bttp:llfivethirtycight.comfrat1.U-r:s'l~lns-fllf-frrguson-iu.;L'f'e.utittg-a- divcrs1:-police·dep.artnk!trti. · H Ernily B;•d~ f WhtIJ? Po!fr:r: l4:f}£trbnc.ni.v. fhm ·, lnok !ik~ tiu: Citw!; TJ;n~p h .lk,mt It, Prnlt:cf1 W ASJl. Posr~ Au~ l 2, 2014,. m S<·~ J'er~y As~kienas and Ha~youu P~,k~ 77:)r: Race (iop fn ,1mcrica 'r; Pt.1#ct· lJ<par1m(mts, NY TIMES, Sqtt 4~ 2t}l4~ ,S'<','¢ ats·(, Etrtify.Jiadgt\', f>att Ke;Uint.*ttd Kct(ltltdy Elliott, TPJr,t1-e Mi1it<1r:f~y CdtifmtmWtti StHJ Hn,vr Ol'.t'Tlt'Jr{,Jmrngf.v lf"ltit(• P,oUt'.C.\ WASH, POS"f, Auj, t4~ 2014, h ls..~s. ut' diversity wi.,"e tl.tt$Cd rcpc~tt"411:y ,n tht.! tcsttmony that this Tusk Futct! rec>:11\'cd a.s .van uf 1t~ li~nmg session on Building Trust and Legitimacy's See~ e,g., Written Tc!<ittrmmy .;tf Chief' Jim Buccn'natm (re.t t, Ptesidtmt, Pi,ticc Foundation ("Ewtj' p.1lkc lc~er knows of' the importiincc of ctc!lting a diverx \VOTkforcc. Police ng~nci:ses that do oof huve u 'Workfon •. -:c that rcflcct'S the communtfy it M:n•,:s \\ti! t cvmtmd 17 ih1vc to d1:1el¥ with n 3 lleig)11tenied level O~!)t.1Hce~n«tmuuity tell$.inn hh:tUj;;ht onby rhc lad.: of police diversicy;:''); Writt,rn Te$6mc:my Nati4:inal Otf;trtizati(>£1 t1fBJack Law Enforcement Exccutivci f'l11c challenge t,t;1 hi:rinf a 4h'<!fse wod.~llcc tu law enfor~tment ~' t'¢1]!ctttd O)' uie fa,~, of the i)faJ},1Cti7.atfon'$ leadCI!'Jlip, Tbe key Hi ~ivcrsity fh law c:nimi::etnent .ii visibility ,,filive.'.J't{lty, <),pporniniry to t."llga!C pcof1le ~n thi::ir tcn.11.s,, and 01:ipq;rtuuitie.utt at!vam::e:.. '"): Written Testimiu1y ofNAti(tfflJlJ Aas.ociahnn ofWom!n.La,i\· Enfor~mcnt Executives f'lt has bci.'il kni1w11 by U;& and n1a11y ntlu:n,, ~t in order t<> bcstp.,Ucc a C(!ftilm ar~ tit:: divc:rajcy of a pobce h'»t::-c should be rqire--~ntativc of the• communit:)1 they serve:. "'l " The cXi$tin~ litcrl(Ut{$ is t:llitffo:.-tt:d abo!Jot th¢ imp;iit,.1 (l<:tttogr~pftk divt::t~ity li;1s (nl dk: rm,mu.'T l;aw <:rtforcement ~iJ?ndes. pe1'f'tu·1n their dwieg. For cxamr)fc., t'Jhl? article swvcyed dk? 1cscar,eh whh respect tf, Aftieiitt" Amc1ican po Uc~ om~ers and fOOlld v.·idc,occ. ro $Upport either side. David A-Stlan.sk)\ blot raur F a1her ·s Pdtu.~ Dep4rtme1tt Making Setue <!lihc Arew Demogn1pkics ttf'Lrn, EtifiJJ't.'e1,u1m~ 96flt J. ClUM,.L & CttruJNOLO(JY 1209~ 1124-25 fW06).. On tht une batld, die arlidc pointed ro studicii sh<l\\ring tl:utt Afriea.n-Amcriea:n ofliccrs were k~ 111tjuiliccd mw11nl, ~r Afrkatt Amerfoam. trum wbite officers, btt."\\' m4)t'Caoout me Ati'ica1\-Amer1can c~nity,, :n:1d 8'it .more ccop.ntioo from African-Amerkan c1tiuns Jd,. At the itame tin1c,, Ute article also liighlighted studies eo11<1luding that A frkan-AmeriC:an ameers v.rerc just as 1 ikely as: thew white e.owtcerpMts to m;c thclt' firearms, arrest cwntaru., receive dd7at cilmplaintsr and b¢ subjected to dis.cipl inary ptme~ings. ld. at 1224. Part nf OW! cltliilense may stem fmm Che fact that fr iti. very difficult m determine, w1tb 1my degree of cata.inty, the 1olc that demographkS:·· foe both ofucas and dvilians bave on how law eaforc:ement activities are conducted aud JfflfL~ved. See id. at 121, fi.]n both sideii of this debate,, n1any eifthe findings are hard tu iUtL'i"flrt.'i. Ji;. for cxampre.. btack offrea.1 draw mure oomplamts. is that bec,ause they set mo.re agsreaivdy~ or because they at"e· a~iiigi11ed tc, u,~,her Ilea~ or because prejudice nt.akes their assertions of authority seem. mQre Qbja:tiot1abk\ or became mmorit}r citizens t«f m.,re comforutbk comphin.ing about officcra.fr001 whom they· do oot fear rmHsionT'). w ft hag ~t (itlt ¢:'(pitritrtc¢ th.-t me:.:: is !t gtfiWittJ; ttm:W\1.11~ fh.:1t dh.1Sti,ty t.;;;ln be:•» itnp<tlfCaut ele:tit,1Jl JtJ ,tmbltd;ing trust and foiproving tclatious hetwc1.-u law enfot\;t'fflt.-nt and t:\)nttnunitti;S, .~ gt•m.-1-c1l{r Un"'tr"Sa,;00.1 supfu; non: i (qu(itiag ;)fl iott.'tvi<:w widi Sta.,fonl l . .aw Ptvft,"S,.~'lt' 04vid Sklttn.sky i\1.R) t.xpl~intd; ~1\\71:tm the poli,;e '-wee im~ra1es and begiM to l,)ok mo1·e like the ct;:mmmnity Ws potking, it rem(wcs one big inipcdimeut tow.srd trust. 11 ducsu~t wmr.tt,ttt UUll~ hut jt l\'!XQtlVC'S OflC thin; that maJce5 it haul tu de'\·eJ,,i, trust."~,. And in the wake of mis mmtnN's: events. in Fc:rsuwn •. A.ttm,q· Cicncr11J Eric Holder acknWNledJed the need to ".::omiiJcr the ruk that ia1erc-a.;;cd diversity am fffliY in hdping tu hui.ld trust \\"ttrun communities.""· Pr~ Rdcase, lLS. Dep't of1ustiec,, Smtentet1t by Attt>mey Geyter.d Eric Hold~..-iin Latest Oevclt)pn1etlU 1n Fcr~n. Missouri (Ang. 14, 2014), bt11;i:/lwuvrjusticc.govlopa'prista:ttment-att-0me}·-geueral-t-ric-bolder-latest~dop11lCtllS'-fergu5(1n-miistHJii ... Y~ despite tbe widespread be1icf that diversity in law mforecmem can foster communityttust,, dl~re las ~ .scant re.search amt, at times~ mix~d empirical finding:..; rq,arding the relationship oo,,~eu police divct~ty and communJry trust: See, e.'.g., Joshua C. Coichnu) and Patricia Y. Wsren~ Rttt:Jal, Etlutii:, and Clr:·Nlf!.r Dif/ertttU'.f!S it1 Pert:t!fNit»>l;f ,:,tf lite Polit'tL The Salience rJf (~tfit,er R.act! 31tl;iu 1Jie Ctlitte;xt ef RacuiJ ProJHl!:tg, 28(2} J_ Cn~'TEMI*. CRJM. J. 206 t;20l2){d.cmt1nma:tin1~ based on a rc1!ent cmpi11cal study~. tbat o.ffice-r race may play a nIDtc &ubstanti.u n'ilc in die devclopment uf dtiz£tU" p.erecpitiom m.m JWC'\fous: find.ing& would SUBS~-:t. prnvi<lit1Jl !i(mlie i:videntiary &upport for diversification as a vfable option for improving dtizen-ottica relmiot1~ and cal ling fix tl.lf1hef evaluation of diver,mc11ti,M1 polkiesJ, \N T(J be· (le~t~ divtt$ity fo law euf(tiC:Ctn~nl indu4e~ nlrttt dtklf't just nu;i:,i ~rtd etbt1,i,:,,diVffSttj1; it aL9'• should inv,;;lvc i;<msidcn1ticifti of ~:c. 1\akit~! ongint «:lision, s1;;1c:1.1al o'fi,erd;;atitm~ and ,~a i<k'itt1ty Tbis litcttttutc t¥View f(>C\M.e~ va it"U¢& of race: and ethnicity 1,attd ltJ a le$$i;r cx~ut\ ~xl in bgµt of if1e t¢i;;¢11t attention mat. l1a$ bt;¢n direc~d tctward$ tbc* careg(trit:i-Hn\·w:ver • .au a:j,~1.$ ~f div¢:rsity ~hol,dd be: t;.\utj:iderred wt~ jurisdictions a1e c:oa~dcrif11 whether t.beir l,a\\' enforcttnent ageudeiare representative and reflective of tbtl' -t;:QifltnlUtlitt1;6. they .$¢t'VC, yx, 42 tf,S,C, · § 1000c f:I .,eq, h Sec Prrs,.,<ti Rrlcrusc. US. Dep't of Ji1stfoc. Justice tlcpartmtmt. Settles Sex Distrrimfoatlon Lawsuit Againrst the fown of Orifnth., Cndiuna Oune f: I~ 2013),. http://\\'\i.'\vJu:st1cc.go\·lop3 pnJUsticc*dq,artmatt•sc:Cdcs•:K:X-- discri:mrnation"i,1\\'SU1t -agirinst"11,wn*gritlith -i ndiamt, 4 x Si.~ Jlttti,-& Rel,'aSt. U$. Dq)'t of Justi«. J,uti;Cc Depamuent Settks Alk:g,atinns of Emptuyn1en1 !l!icdminati-On u1 Plom<i4i4'n <}f P{1H~¢ S~rg1.-at1t$ in New Jei6CY (Au:g~ J ~ 1011 J. http; lw-tvw,Justh::c.g(1vtopu!pljus:t1cc~cpartmeut.:seuJt&-a11e~ation,-emplt1yin".tnl--discriJninatioo~pron:1<tti<,;,n-potic<1- ~rg:eants... <t; Stt,1 Pr~ Ri:le~se, ltS, Dcp 'r of Justice, Ju.stke IJe:pattr:oi;.,"trt Rcadw:s AintetnN,.-ttt in Ptin~iplc with th¢ New, Y<•tt Cit,i fit~ Dt't'Aittmt'ilt t)\•.;1 Di~-ri1n1t1~tf)(}1 Hid,,g P,1 .. ¢1:ii;<,1 R~b:ing fat 598 MrllhnJ in Ri:?i~f fMar IR, 2014),, hap:li\lit\'V\\',ju.~tice,g,1\li(lpi;:llpr.i)lL~ti,c·ck~rttit¢nt .. tt:;::u:•ht:S,,.ajtee.ttt(.'tlt"prht<:iplc;ui¢w"y<»k..;c:itY~fiht.- d,:p1mm-"1tl"ov.:r.. 'h N,R Kltdnt:h:M. The Rm·~ Grip i,r .imerirtf 's P,,liet~ 11.~pnrtm,ml'i. 8r1vtism ~J· f"in1: A Ntn' t:·n-t. Ptre,fightitt·C(111/h1ntl,, Hi.i flr:;1 TMst" N.Y. TU.fl:$, Jttt\e ~(t1 2014. 5 Table of Contents :11.. B-arrlers to-b:iversity ................................... " ... ,p .................................. ,.. .......... ~ ........... ll'age 3 JU. Best Practices for Achie,·ing Divemty ... ~ .... u ........................... u •• uu••·*···"*""Pagt 6 IV. Cbaracteristk1 ofHix11 Qualit11 Lav.i Enforcement Persontttih .• HHmu .. n;,Hh'>H•ttPagc 9 I . Friden~ Lorie1. Ro~rt Lunney, Drew Diamondt and Bruce Kubu. 2008. Rr:u:ial~r Biased P<>lit:irlg: .4 PrindJ,ltJ Re.\1mns1:. Wash1ng,1on DC: Pi)Hc-0 Executive Re$earoh r,,runL Abstract: A police agency whose -0tncers reflect the raciaJ demographics of die conu111.mhy they serve fidt1Us several importru1t purposes in reducing racial bia5 in policing. First .. it conveys a sense ofcqnity to the public, especially to minority communities. Se.cond, it increases the pmbabiHt:y that~ as a whole. the a.gency will be able to understand the pers1,ectives of its racfaJ minoritie:; and c,,minurdcate eftec:tivet.y with them. Third" it increa."e,t; the UkeUbood that otllcers wi] I come to bcUer tmdcrstand and respect various raciaf and cultura.1 perspectives through their daily intet·acdons with one another. 2 .• Sklansky, 'David·A. 2006. t•Not Your Father's Police Ikpartmcne Ma.king Sense of the New·Oernographicsof Law Ent()rcement''. The J,Jurnal af CrimJ1raJ l.a·w ii Cdmitt.hih1,.1r 96 (l); 1209 .. 1243. A bstracc This 1rt,cle. bas three par!S, The fi11,t part dest.Tibe6 how the makeup of police ,vorkft>rces has changed over the past sevend decades. To sttmmarize-. the workforce ba, grov.11 much more divcr1e with regard torace1 gender~ and more recently~ sexual orfo111atio11,,,,,but the pace of change has \•aried. greatly from department to department., and Virtually all departments have considerable progrcs.~ to make with respect to diversity. The second part of the article asst.~ses th~ eff eeis of tbe changes that have already occurred in law enforcement dem,}graphiGs. The author considers three ditlbrent categories of cfl«i~: competency effects (ways in which minority oilicas, for:naie officers; and openly gay and lesbian officers. may have distinctive secs of abilities), tonnnunity efteets (ways 10 which the demt1graphic diversity of a poiice departtn.ent may affect its relations with the community rt scnrcs ), and organizational effects (ways· in ,,tbich the workforce diversity may affect the mternal dy11amics of t1ie department itseU). 111e third part oftbe article c.:>ncludes by exploring the ramificati,ms ofthe changing demographic:; oflaw enforcemetlt~ .3. \Vassaman~ R.obetL 20 l 0, Guidtmcefor Building Canimamities ~l Trust. Washington D(.":: Office of Co:mmmlity Oriented Policing Service..,. Abstract; The Guidance de.4cribes the challenges that mugt be addressed by fusion centt.-rs, local law eaiforeetnent ageneics~ and commu.nities irt developfog rei~ti0t1shtps c.:1f b'll5t TI1e;(;c challenges can oniy be mct if privacy, civi1 rights ... and ch·il liberties arc prot~,cd~ for fusion centers" this requires strong privacy polides. and audits ot' center activitie~ to ensure that tile pol ides aud refored standards ~e being fully met P(u law enforcement ag~ndC:$ .. it mearis d1at meaningful dialogUe and collaboration w·itb communities n~s to oc-cur in a manner that incre.ases the legitimacy of die agency in the eyes of that community., Law enforcement must establi:;h 1r:gitima~y in the C{)mn.runities they~gVe if tm.;Oog retationsbip8 are to be ts~bHshed,, For communities, their leaders and representatives must collaborate with taw enforcement and share responsibility for addt·essJng tbe pnlblcn1s of crime and tem:,rism prevention in the:fr neighborhoods, I* Com&Jui Michelle J.. 201 t. R.epre.wmt1:1tim1 anti Rec1·uitme1u: A Tlu1;e .. Part A,mJ);isJs oftJui Police Hiring PrTJr:ess Within New l"f>rk Sti1le. Rt.1chestt:t~ New Y 1)tk: Rochester lnstitmc ot"Tecbnology~ AbstrJct: The, article consists of three .separate analyses~ each of\vhich examines the reprcsentatfon of women, African Arncricans, and Ladno, in pt"llice organi7.:atfon within New York Slate. TI1c initial study compa,n,~ .department representation to that of the con:ununity in regards to rat~e or ethnicity and gen.du. This is folh:nved by the second study-r "'i1ich docs a detailed l0tlk at the bif'ing procc!s ,:,f one department w• thin a tnid:..Si:r.ed chy. (Rt)<;beMer:-NY), noting attrition by majorityln1inority status at each hurdle applicants face, The third study utilizes data from the second study to create a model of attrition for the Rochester Police Department. Prom the three smdits~ a series of recommendations for departments was developed, including: ( I ) · idt11tif)1 department needs and allot resources apprOJlriatcly; (2) track application $Ubmissioru; >which ca assist in idcntitying times d1at dt,>amnents should ittcreL"i.C their recruitment effort.~;. C,3) tailor advertisements in a manner that \Vould promote diverse representation: (4) increase eng;agement through job fairs and reaching out to local professional tirgar.dzatiomi and c(,m1nunity groups; and (5) hold infi1fmati omd ~ssion.., prior to, and dudng. recruitn1cni. efforts to provide interested parties with a realistic portrayal of the police officer pc,sitimi. 2. Jordan,, WiUiatn T ... Lorie Fridell, Donald Faggiani., and Bruce Kubu .. 2009 .. ~~Attracting Femaies and R.aciallfithnic Minorities to t..aw Enforcetnenr."" Jnurnal of Criminal Justict1 37 (4); 333-341. Abstract Using a national survey of law cntoroema1t agencies,. this study: ( 1) measun.i.d agcm:im.' ability to fill sworn positions; t:2) identified the strategies used to attract and hire fo1nales and minorities; (3) me-.asured agencfos' success in 1l11ing sworn positions with females and minorities; and (4) measured the impact of agency strategjes and charactc.,-ristics on levels. of female and minority applitations and hires. The results· indicated great variation in agencies~ ahmty to fill s\vom pt;)iitfoti.s with females and mitU)t"ities,. at, wen as con.siderable variati011 in the extent towhicbnJtCbanis.ins are used to attract females and minorities, to policing. The multivariate analysesiudicate tbatinvesting in a recruitment budget and targeting minorities and \Vomen. positively atrects hirfog. 3~ Matthies~ Carl I1•1 Kir$ten M. Kelkt~ and Nelson Lin1, 2012~ ~·tdcndfying Barriers to Divers:ity in Law Enf<>rcement Agende,;, ~~ R.4] .. lD Cemer o-n QualiJy Polit:J.,,g. Occasional PapeL Abstract This paper describes one method tbat law enforcement age11eres can use t:o better understand and address the chaUenge:s of a diverse workfhrce in law enforcement a_gendes: a barrier attaly~is. Barrier analysis ii a 1nethoo or asscs5tnent aimed at idetnifyit1g pote11tial obstacles to obtaining resources or participating in a progran1s Using this toot,. the articl c encourages law enforcement agencies to evaluate how women and racialledmic minorities face obstacles that might accmml for iess-lhan-propm1kinate represci:uadon among applicants~ birt-".Si 3 and senior leadership. In the context of cmp1oymentopportunities'} the authors focus on how hurrier ut.uilyses can be used to understand diven;ity-n:lat,;..xJ challenges at key points in the career lifecyde, such a.i; recruitment, hiring~ promotiont and retention practices. They also present a coo1plete barrier ana&ysi:; that· agency leader:; cru1 incotporate 10 1dcn1ffy key bairiers and fflke proactive steps to build :t· more diverse workforc;e., Case studies arc us,ed to provide guidance for agencies to take proactive steps toward remedying tbc lack ofrc-prcsentadou in thei.r worldbrces. 4. McCafferty, Francis L. 20031 ~The Challenge of Selecting Tmnorrow~s Police Officers from Generation X and Y.·~ Jimnutl ~hl1e: American Aca.detrtV ,lJ'iJ·chidtry and the Ut'W 31 fl): 78,.,8S. Abstract: Detmmds on police ot1icers in the past thirty years have grown th'amaticaHy with the incrc.asi11g threats t,) $ocfat order an.d pcrsorud security. Selet.i.km of police officers bas been difficult, but with the increasing demand and complexity of polfoe work, along witl1 the candidates applying from Generadon X and even Genen1tion Y. ttie selection proces..~ has become more critical. The personal characteris.tics attributed to Gcncration·X-and in the future. to Generation '\t,, should be factored into the selection process to ensure that those!'. b1dividuals selected as l)(>licc officet1) Vtili be able to cope with what has beet, described t6. the iml)o$siblc mandate of po.lice work in a free society. Background infom1ation on the X and Y generations is imperative f4;lt psyclliatrists working with pt11ice departments and other la\\' enfr,rcemeot agencies. This article explores these arca.1t and constructli a paradigm selection procc.,;..i. 5. Miiler, Susan L.~ Ka}i B. f(1rut, and Nancy C. Jurik. :2003. ·toiversity in Btue; l~esbian and Gay Police Officers in a Masculine Occupation.'' ,\ft->n and Masculit1itie., 5 (4): 355- 385. Abstract: This study explores how lesbian .and gay police officers fare within ta-wcnforcemcnt agencies. Using qualitativ~ survey respo11ses from a sample of uout~ and ""dosete4fi gay and lesbian police officm in a f\,fidwe.'itmt city, the 1uthors examine: fl) ht'tW police orga.nizatitms~ cultures infom1 their experiences; (2) bow oft:icers navigate multiple aspects of tbeir 1dent.ities.,. including sexual orientation, gender, race, and ethnidty; and (J) the .stmt-e_gies lesbian and ga:y officers tdilizc to manage tbcmsdvcs. in the workplace. The findings suggest that these officers support a 1nore hwnane a.pproach to pobcing and see them..~elves as particularly qualified to work within vulnerable communities. 6. Rkl1ard, Rose.arm M. 2001. The Pe,·(:~t?ptim;i. <f f,J.ton1en Lt/adr:r,,· fo I.mt· E,iff)rr,c:en,1,11tU1h Prr:>t1UJiicms, Barriers tmd E;(fecti•i't! uaduship, San Francisco~ California: The . University of San Frandsoo. Abstract The.purpose of this study is to identify factors that undennine succcssfid care<:r advancement for women in law enforcement. Through telephone interview·s with women hnlding command· positions of Captain or higher~ tbt ~ly dest:ribed the.perceptfon& ·,)f women law enforcement commanders on lc.adcrsllip etlcctivcucss. chalkngcs, and seU:,;pcrccption.. The findings ptesented may be ust..*d as the basis for twther a.;s.essme11t of eflcctive law enforcement leadership itnd supervisory practices across various f ederat s:L1te.~ focal'\ and campus Jaw enforcement agencies. lu addition, the rcsuhs from the study can be used to guide departmental developrnent of existing management and SUllervisory 1>rograms; update or create harassn1cnt and diS,<;rimination lrltining \Vht'tc none previously existed; aml allocate ,fopartme11taJ resources for promotionuJ test training programs and the testing processes. 1. Stroshim:\ Meghan Sq and Steven G. Brandt 2011. ··Ra.cc,, Gender1 and Tokenism in Policing: An Empirical Hlaboration~-n Polict-: Quarter{v 14 (4): 144.,365. Abstract According to tokenism theory, '~tokcnsH (those ·who comprise less than Is,--. of a ,ttoupJS total) .are eXpccted to e."'pedence a variety of hat·dships in d1e w1)t'kplace. such a.,ii. feelings of heightened Visibility, lsoJatiort, and limited Qppc1n:unities fot' advru:icemenL ht the polictng literature, mosi pn..'"'Vious siudies have defined tokenism narrowly in tcnns ofgeudcr. The t1.1rrct1l research extends prior reseatch by examining tokenism as a function of gender and ract\ · v.dth an CJ<atninatfott of raciallethnic sub~oups. Partfoular attention is paid t(l latim) officers, as this stud)· represents tbe first Jmown study of tokt1tiisnl and Latino police oftfoers. Quandtative aflai;1ses reveal that. for the mostpart tokefi police officers do expet·ience the eff"eet" of tokenism. Although an minoriti cs experienced some level of tokenism, African•American males and Atncar1-American temales experienced greater levels of tokenism than Latino oflic.ers, sua;~tiug that rac:e is a strof'tger prediCR)f C)f tokenism than gender. ft Wilson, Charles P.,, and Sltirley A. Wtl&tl1L 2014. ii•Are '1./e TI1ere Yet'! PercC1>tive Roles of African American Police Officers in Sma11 Agency Settings.'• Tl1e fflelrten1Jmmu1l tf Blat."k S'tt«iie:ti 38 fl): t 23-136. Ab~ct: One a.;pcct ofpoHcc behavior that ha.ii oot been mUy or consistently anpha\iud i~ the problem ofpcrc.eptioi~ particularly how Africa, .. Amcrican police officers serving in sn1aUcr law enforcement agencie.~ pere-e,ve> thdttseives and their vie,,r of how their agencies and the communities they serve pcn:civc them, For this artick, Afncan .. Amcrican poiic.c officers were surveyed to determine tbeir perceptions of the positive or negative efiects nf tbeir pres.ence fo local police agencies.· Key findings indicate. that Africatt-American police <.'lfficerl ~tin· find themselves. victims .of rac.tal indifference and seemingly hostile work environments; believe that racial profiHng is lmth practiced an(! condoned by their agencies; that agencies do little to improve diversity and pn.widc little support for their efforts: and that they strongly perceive their prese11ce in the.~ smaller agencies to have a positive inlpaeton ptllice interaction:s in the minority community,. 5 L Bure-au ofJustice Statistics. 20l 2. St11n~J1: Hiring and Retention qf~',tatc1 1.md Loc11J L<tlF 1.ifi:thx~~menf <~(liter/!. 2(108-Stmi.irt,·ul T,;1ble,,-. Washington DC: ()fficc of Jusdec Programs; Abstt~t A special survey was adn1inistered to 4 oatiomdly represetttative sarnple of approximately 1r000 general purpose agencies a.~ part of the 2008 BJS Census of State and Local La.w Euforcet11ent agendt:-s~ "rhe study examined sped fie strategies and p<lltde,~ designed to heltl them rneet tbt Chsdltnges ofreeruidn~ hiring>and retaining qualified sworn personnel. :t Equal E:mplo)tment Oppottunity Ctmunission. 2003~ Managetnent Directive 715. Absn-ati: Tl1e EEOC provides lcadersbip and guidance to federal agencies on all aspects of tile tederai .govemmcmc't. equal em1,h>yment opportunity program_ Manage,nent n-irecttYe 71S (MO .. , 715) requires agencies. to take appropriate steps to ensure that. all cmplo)mt·nt decisions arc free fron1 discrimination aud sets forth the standards by 1,vhich the EEOC ,viii review the sutlldency t1f agett,cy Tide Vll. and Rchabil ilation Act programs. MD-715 sets R•rth and dcS<..'>fibes six es$e'Jttial elements for model programs.. Pursuant to ele.ncnt fourt Proactive Prevention of Unlawful Discrimination~ agencies "~have an 011goiug obligation to prcve11t discrimination 011 tbe- bascs ofracet color. national origin, religion., sex~ age~ reprisal and. di~abi1ity, and.eliminate barriers that irnpede free and open competition in the workplace. As part of this ongoing obliptioo}'agencies must 1,;,)ll(lud a self-.assessme11:t ,1n a.t least an annual basis m rnon,tor progress, identify areas ,,,here bitrri ers may operate to exclude cerntin groups and develop strategic plans to clitninate identified barrfors. 0 · The background materials include MD-715., Section UA (lf EEoc·, 1nstruct1on to federal Agendd ft,r MD-715 (Barrierldentitkation and Elimination)~ which provides a. detailed explanation of the sclt:.asscssmcnt process~ and ~7ips for Smalt Agencies Conducting Barrier Analysis under MD..,115," .3. Haddad. Abigrut Kate Giglio,. Kirsten M. Kellert and Nelson Lim. 2012. "~Increasing Organfaaticmal Diversity in 21 ~ Century PoUcing, ,~ Abstract: Both the mUitary and police departments are concerned about reL-miting and promoting a raeiaUyletbnic3Uy diverse workforce. This paJ.)t"f discusses three broad lessons th,m tbc Military Leadership Diversity Commission that can b~ used to infom1 polic-e department hiring and p~rsounet n1anagemcnt: ( 1) qu~litfod minority candidate~ are avaHable~ (2) eareer paths imp.a:ct diversity~ and (J) dcpa.rt111cnts should leverage organizational commitment to · diversity. Addidonany~ .specific suggestions are given as to how· law enforcement agencies can itltOtl)Orate each oi tl1ese 1~on$. 4_ Kasdan, Alexa. 2006. lncn¥Ising lliv,f<rsi~v in Pt:>lictl IJepal'tnumts: St1·ategit1:!' tutd Tm,l.Y: Jin~ Ihm.um Rigl:rt:f Cr1rnmist;irmiw <111d Others. lfarvard School of Gnvem111ent Abstt-act: 'fhe goal of the artkle is to help human rights and buman relat1cu1s ct:,mniissions. work with police officials to increase race and gtttder diversity among law enforcement personnel . The ankle studies three jmisdictions: Rhode Island., Kentucky .. and Atlanta.. The ankle discusses how states should sup.pon local 1rolic~ departments in achieving diversity, including Offering grimli.;, crainlng opportunities~ and help in .asses.$.ing diversiry. Thetc needs c.o be a. finn commitment to diversity from pohce chiefs and police administrators. In tirder to achieve diversity., there need~ L() be parttie:rships and et,)Uabor~tfo1,~ outreach~ hiring refortn. and long,'"' term recruitment efforts, .5. M .. nbit!b, Carl r. 201 t. Evit:lenc:e~B,M'ttd Approa,:lit·s· th lAu<' En/rJr<)ement Recruitnumt a1ul Hiring. Santa Monica, California: Rand Corporation, A bstmct~ Rtcroiting diverse, qualified candidates is a continual ch~llenge for law enti1rcemettt, Around Che tum of the miUcnuium~ many metropolitan agencies reported a shortage of imiividuals interested in police work. With the dmvnrum in the economy carne a .tlood of applfoantst fau t'unding for recruitment and hinn~. cventualJy dc:1:reascd, Law e11forcemen1 can bend1tfrom evidence,.based approaches to evaluating recruitment programs and streamlining the applfoathm process. 6. Taylor, Bruce:" Bruce Kubu" Lorie Fridell, Carter [lees.,. Tom Jordan., and Jason Cheuey. 2005. Cop 011ncJ1-: lde11tttj111g Stn.1legies Jvr Deali11g 1vitlrthi'! Ra"'n1itb1g andlliri'ng C,·i.,is.in Law h1'lorc,1me111. Police Exei,,itive Research Fon1n1- Ahstract The processes of fCC;Jttitmcnt and selection ure key to developing agencies with high- quality personnel and to produdng agencies that are representative of their cornmunities in term.s of race and gender. The challenge of recruiting and hiring quality personnel has attcrg,-d as a critical problem ta.cing lww enforcement natiom.,iidc. It. threatms to um.tenriinc the ability of law enforL'Ullcut to protect our natioo"s. citizens and to reverse impottani gains in our efforts to increase the representation on our poHce t<m:es of raciatlethnfo minorities and women. The Police Executive Research Forum conducted this project, ·with funding from the National Institute of"' Ju.,tice'.' to examine the nature and extent of the ~~cop cnmdt~ and identii}• department•icvel policies/practices that t.~Uitate the rcctuidng and hiring ofquality personnel, including the recruiting and hiring of quality women and minorities. '7. White, Michael D.~ JonathonA. Cooper.~ Jessica Saunders. and Anthony J. Raganella!< 20 l 0. HMotiv.atfons fh1· Becorning · a llolke ()flicer: Re-assessing ()fficer Attitudes and Job Satisfaclfon After Six 't"' ears on the Street."' Journal q/ Crimilial Justice 38 (4): S20- 530. Abstract· TI1is article was a foUow ... up to prior research that examined motivations among ac.ademy recruits in the New York City J)oJice T>epartment (N'YT•ll), Using the same survejr and analysis, mis srudy re-:e~amined m{nivations ami1ng ofllcer~ from the same N\'"PD recn,iit tfa$.-~. after six years on thejob, and explored both motivation. stability and the n:latioos.hips among motivatfons and Job satisfaction. · Results suggested that motivations bave remaiucd highly stable over time, regardles.,,~ of otlit.er mcet~timidty and gender. finding~ also sugg~ed tbat white mak officers were most likely to report Jo,v job satisfaction!-and that there is a liuk bcnveeu low satisfactktn and unJuU1lled rnotivat1ons. Moretwe,r.,. dissatisfied tlil1cers \vere much less likely to have expressed strong commitmem to the profession lhmugh their ,.1riginal motivations, suggesting d1at low commitment up front may lead to low satisfaction later on'.' The article 7 cone ludes ,._,·ith a discussion of implications for police dcpmtrnents, particul arty with regard to rt~rulunettt and rc:tt;..-ntion pra.ctices and efforts t,1 achieve divt.-rsity, Abstract: Within law enforcernent·agencies, claims of sexual and racfat harassment~ disparity in pay~ and low J<,b s~tistactJoo mae police t41retrs unattractive. Additionally,. the $election tlroeess for police officers often contains biases that~ in effect, eliminate candidates of' color and noudtizen perm.ru1t:11t resider1ts from being hired_ The Cotnmission rect)ttm1ettds~ among other thingsl that la,v entorcemctu agencies: (I) develop creative £.tracegies to increa~ diven1ity ataU levels~ (2) improve public perception of&hc police to attraci more applicant,5f (J)·encouragc recruits to pun-t1e higher education, (4)ebminate biases in the selection system~ and (5) revise rcm1jfmetu and .selection methods. 8 L Barrick~ Murray R., and Michael K. Mount. 1991. -rbe Big Five Personality Dimensions and Job Per(onnan,~~ A l\·teta;o_Analysit;. "~ Perso,mt·I Psychology 44 ( l ): 1 .. 26. Abstract: Tbe study investigated the relation of the HBig Fivcn personality dimen£ious (txtraver,i<•n~ e1notkmaJ stability~ 1greeablenes$. c<u1scientious11ess~ and openness to eJpr:rience) to thrtc job perfonnance criteria (job profickncy~ training proficicncy1 and personnel data) for five c,.)(cupat:iomd grooJJS (professionals. police, 111ruiage1·s. wes~ and skiUedlsemi .. skilled). Result~·indicated that one dimet1$.ion (>f personality-··'Conscientiousness·· -sh<>wed coo£isteru rclati011s with an job performance criteria for all occupational groups. For the f\w'"maining personality dimensions~ the estimated true score correlations varied by occupational groups and criterion t}1)e~ The findings have numcr,-.us implications for research and practice in pctsonnel psychology.. cspeciaUy in the subfields of personnel selection, training and development, and performance a11praisat ' Ben-Porath .. YossefS.~ James M~ Fico~Neil S. Hibler, Robin Iuwald~ JoeUe Kruml, and Michael lt Robi:rts. 2011,. As,Je.ssing the Psydsologiml Suitability c~fCandidatesju.t l .. mw El,fbrcement Pbritimu. Abstract TI1is article descrihe.i and elaborates on the tntcmatiomd Association of Chiefs ol~ Policc.,s Police Psychological Services Section's.recommended procedures for conducting pre- empfoytnenl evahiations of Jaw enforcem1r11t ttttididates. with an ct'npl1Mis on sk"1)S the hiring agcncyts administrators can take to en~urc adherence to th~~ practices, 3. Chappell, Ailison t, 2008. ··Police A<.."aden1y Tminin.g: Comparing A,T<•ss Curriculu:r,n Policing: An ln.tenMtional Jom·11al ,~{Police Stralegies and Alanagemem. 3 t (l): 36,,56. Abstract; This study compared the academy performance of police recruits trained in a traditional curriculum wilb that ofrccruits trained under a new curriculum tailored to community .. po1foing tasks; it also compared ·the chamcteri~dcs of recruit\ who pert'onned better under the community-policing curriculum ,,ith those who pcrfom1cd better under the traditional curriculun:1. l"he study found that 1·ecruits in both curr:k'Ula performed sm1i1ady in terms of their mastery ofthe: material; however, the rectuits who performed better in the community-poiidug t.'Urriculum were more highly educated and female.. TI1.e study examined recruit cbaracteristies and performance in Florida's Po~foe Academy under a tradl~io:nal eurr1cuh1m that etnph~b~d preparation for law enforcement las.ks~ such as fircam1s training. physical training, dcfonsivc tactks~ and driving, in addition to knowledge areas such as law. arrest procedures~ tratl'ic enforcenie111, ~nd oflker safety~ UtUe atce:ntion wa$ give11 to communit."~ttions, cuitw"al and ethnic diversity, problem solving~ and police-community relations. The Florida Police Acade1ny subsequently modified its curriculum to reflect the police tasks en1pbasized under cominunity poli<:iog, whkb focus on greater polfo~ c<»mnunication, interaction~ 11nd GOt'fk:r'(ltion with the community in forging community .. bascd priorities and practices in crime prevention and crime C(>ntrot T11e community-policing currfoulwn fhcused on the applkatfon of lear111ng rather than tt1tmori1a1io11t the use of a. problem-solving model through(>ut t.he academy~· and the use or seetwi.os as the basis for h.~··.Jming. 9 4, f\,tarion, Nancy. 1998. uPolice Academy Training: Are We Teaching Recruits What Titey Need To Kno1,itt~ Policing: Au I11t4;""t-raationt1l Journal ,~f Police Strategies anti :Ma,u1gJ:n1.eni. 21 (I): 54'-79. Abstract: The description of the basic police academy focuses on training duration" entrance requirttnents~ class ntake-up. en\'ironmtn1~ instniction,. and str~ss. A review <Jfknowledge le.aming add~ss.es civil liability~ ethics~ special needs groups,, public relat:h:msicuftural dtv('rsity,, and CDUUinatiotts. An .overview of skm training ct1usiders fireanns training.. self:.deJl~nse. physical trainingT and eommurdcatim, 8km~. An overview ()f ha.2o1tdou~tnatet·i.al$ trrdning a.lso i8 provided~ along with attitude training. The study concludes that overall this particular police academy fa pmviding the inthnnadou and ski Us training required to pre1>are l'ecruits to be pulke officers~ HltWever, the study found the academy lacking in its ability to t.tansmit the proper attitudes for nmv police otl1cers.. There remains an obvious element. of sexism and ·an element of elitism on the pan of sotne instnictors. \\rhich was 1nade obviouR·to the rec.ruits. There are a fe\v areas oot included in the trainingt specifically ethics and helping the elderly orvictims of crime. The addition of temale and minority instro.ctors may help create change. Poss:ible. changes in future police acffl.iem)i tminiog in: discussed. 10 APPENDIX A: LIST OF EXPERTS Kathlem Lundquis~ .Ph.D~ President and Chief Executive Ofliccr APTMetriC,5 .. Inc. l\fark KDl,ingsw,01111, Ph;;D .. Professor ofEconomics Rutgers University School.of Atts and :Sciences 1\fan: Bendickij Ph.D. Co .. foundcr and Co,..Principal Bendick and Egan Economic Consultants, Inc, Da,1d P .. Jones, Ph.D .. President Onnt'lh F'enwres Inc, APPENDIXB: WRITTEN TESTIMONY OF JENNY YANG CHAIR, U.S. EQUAL EMPLOYMENT OPPORTUNITY COl\fMISSION US .• EQUAL El1\IPLOYMENT OPPORTUNITI" COMl\USSlON Wauhin:.;ton, D.C .. 10507 \Vrltten Testlmonv before the Prcsi,dent's Task Force Ofl i1tt Century· Policing Jenny R. Yang, Chair U .. S~ Equa.l E.mployment Opportunity Conimis~ion On behalf <,f the U .S, Eqwal Umpfoyrnent Opportunity Commissioni l thank Chairs Charles Ramsey •d Laurie Robinson" Task Force members, and Executive Director Ronald Davis for inviting written testimony from die EEOC. We write to &Ut>IX}!1 the Task Force's effc:.rts f<•to identify best practices and , , . make recommendations to the President tm bow po11c-ing practices can promote effective crime reduction ·while building public trust."'1 buhe wake of the events iu PerguS<mJ, New York City, Cl,;veiand'f and acr<iss the countcy\ your efl,.,rt~ are litnely and vital I commcttd you on the success of the Task Foree~s tirst listening sessfon and on your inclusion of worldort.r:e diversity as oue of tlte strategies that will aid stare a:11d local ta,,~ enforcement i11 buildingtrusttnd legitimacy in the communities th.ey serve and~ ultimately. in achieving effective~ community-oriented po) icing. Promotin.g·cquality of opportunity in the public sector is vital to.the EEOCs mission lo stop and remedy unlawful eniployrnent discrimination 1n the wor·kplace. \lie write to provide background <)fl the EEOCswotk to promote equality of opportunity in pc.1licing and to offer r«:ommcnda.tions to assist police forces in drawing from the diversity of their community, Fifty years agt"l, Title VU (if the Civil Rights Act of 1964 created the EEOC a~ tlte leadi11g go·vemment ugmcy charged v.•ith enforcing ,:ivil righLti; proc«tions in the workplace. Toda.y, we bave 53 field offices nationwide;. and we enforce federal laws prohibiting disct·iminatfon on tbe b~sis of racet colort n:Hgion, sex, nad6mtl origin~ age (40 ot older), tlisabtlily nr g~etic information,2 Our jurisdiction· includes privatc1 federal, and public sector workplaces, which ·. . . ··. .· 1 ... .. include state and local law e11forcen1ent agencies.· 1 Executive Order 13684 to Establish the Pn.~idcnti S: Task F cm:e on 2J ;;1 Century Pofo:ins (l~ectnbcr 18! 2014), a'lY1U,1bl,,, at Intps:/l~ww.fedcralrqjstcr.1ovlartidcs/Wl4Jl2l2ll2014-30t(J5icstabhshman .. of;.tbv-: 11:~i~uU:::Itti.k:tiiE,i;.:.~::,QJl:;:1.it::.~~uuo::ffltli,j1ig., 1 EEO laws also prohibit rcialiador1 on tbe basis o( comphlining about di:s.crimin.adou .. tiling a charge of discrimination~ or pattidpating in an employment disctimitttttiun investigation or J.aws.uit 1 The EE0<::1!i feder~l SC{;tor enfor(:<:ment pr~Jgr;11m CQvers. federal ~enci($, inch.iding federal h1w enforcement agen~ies. 'l'"he Commisskm is authoo7«l t,o ho1d hearings 011 l!EO compialnts against tedera1 The EEOC shares enforocmcni authoiity for public sector employers ,,tith lhc Department of Ju.~tice~s Civil Rights Division C-Cll T"} undet' TideVH ~ the, lunerican.i; with DlsabUities Act {UAD,At"). and the Genetic-Information Noudiscrimioalioo Act e"GfNN')~ GeotraHy~ die Commission fct(.':<:ivt-:st investigates; and may attempt to mediate charges of discrimination against pubik employcts .. \\1here che Commissfon finds reasonable cause to believe an unla\vfui employment proetice has occurred, it attempts to conciliate those t::harg,cs. Commissioners may also flit) Co1n1nissioncr's Charges against 1>ubUc employers. ff conciliatitm of a charge fails,, the E-EOCtclen the charge ~mi its investigative me 10 CRT~ wMch hasau1hori1y to sue Ptlblic emph,;·ers. The EEOCalso has authc.nity under Title vuf ADA. and GINA to sue labor organizations that represent state and local employees or employment agencies that service state and )<)C~i employeNJ~4 Moreo\"er, the Conmussiun lias tl1e authodty to receive"' investigate~ attetnJ>t to mediate~ ct'ltieil:iati:. and sue regarding a c;harge of discrimination against a public emph)yer under the Age Discrimination ht Employment Act oft 976 (ADEA) and receive~ investigate"' and sue unda· the f_.:qw..l Pay Act of l 963 (EPA;, The HE(>C is also authorized to. coUa:1 workfort~ demogt'Bphic dam from et11ployers with. 11101·e than 100 cmplo)itt-s. State and l<>eal government W<lrkft'lfte data, including data trom cet"Uin pol ice dcpartmcnts1 ig, captured on the EE0.4 tram. The data of individual state and loca.1 govemn,ent emp1oyers is t~ made public'? but aggregate data may be shared to pt'0\'1de infomiation about cmploy:tnent by rncc~ ethnicity~ and gender in various job groups and by salary bands '\\<1thin those job groups. The EEOC is also charged with pmviding guidance and conducting training and omreach lo promote equal employment opportunity and encourage voluntary compliance with the faws ,vc ent.;,rce. agenci(;,sand adjudkat(: Ztippcals from federal agency administrarivc: decisiomL The EEOC also mooito.i'S: and collects. data on a_g:t."1lc:ies t cott\pliant"e wit11 EEO lav.'S,, monitoria and ~valuatt.-s fedetat ~gent-ji affimiative employment program~ .. and e.nrn:Jucts education and outreach aimed reducing. barriers lo. equal employment and EJ10 er,mpliu:nce. As an ex:mtph:, in Fi~al Year·· 20 t 3~ the EEOC found in fitv«x of a da&~ of femaJe agents in a pattern or pmclke action against the llrug {~.nfo«e-mmt Ag¢ncy involving discrim,m,tit1n ,n fon:ign assigrunents tmd promotious on the basJ.s ofsex, Cnrrcia r. Dt."p 't of~l«stJc,:,; E.EQC Al'fk.>:a.l No. 0120122033) 2013 \\tL2903347 C,Ji;mc t 2013). 4 As an exatnp1e~ in Fiscal Year 2012, the EEOC filed suit against Jacksonvme As.sodatian ofFirefighters (Local t 22 ·of the lntcmatfonal A~ociacion of Fire Fishtcrs). The EEtX: aHe1ed tb~t the w1ioo negoti.sted with the City of JatksonvHk for a racially discriminatory wl'ittcn exam in the pron1:t1doo process that it knew to have a distJroportfonatt: adverse impa{:t on Bla.;-k test taktn. CaSt: No. J: I :z.-cv ... 0049 I "MMH" TEM (M.D. Ha,). The Department of Justk~ filed a oompanit)tt iuit against the dty. Case. No. 3: 12-ev~ 00451--TJC-MCR, (M.D. Fla.). . IMPORT ANCEOF EEO COMPUANCH & DIVERSf1"Y The EEOC 's Stmtegic · Enforcement Plan prioritizes eHminating .systemic barriers to hiring and recruiltnenl it1 the public, private~ and federal sectors under all ofthc laws we enftlrc;e, J Th.e.sc laws prohibit .e1nploy~rs from using recruitment practices or sd~c:tion procedures that b:ave tbt: puq,o~e, or ctlbct of discriminating aiainst individuals based on their protected characteristic( sJ .. As an e:xarnple,, Title VU pemtits anployment tests to be mmd a~ long as they are not ';;designed,, intt'tided or used tii distc'Tim1uatc~~ ag$;inst ccwc.:n .. -d individuals' and impost:.~ restrictions. c:,n h,.1w tests arc ~ored:7 Thie VII also prcJhibits empl,.>yers from using fuci~Uy-neuttal test.s: or S(!lection procedures that diiproportionately ex.elude covered individuals where the tests or procedures are tux (job-related and consistent with bu.~ine.i;;s nece~~ityr. t'i)r the position in questi<)fl.s · The Unifonn Guidelines on Employee Scl¢ctio11 Procedures ( .... UGES~1 ) were promulgated to be- used by eu1pfoy;rs,. including faw enforce1neru: agencies" tt, evaluate their selection. pr.sctices. and. asst..~, whethtr they are in com11Hattcc with the htw.'> The us.e tlf any sclcctkm ph)(:cdure that has an adverse impact based on a category protected under Title VII will be considered discriminatory unJess the procedure is job-related and consistent with business necessity, Le .. it has been properly validated, 10 or t.hc use of the procedure is otherwiscjustificd under fcdcraJ lawY . Although EEO enforcement is distinct from the promotion of diversity in tlre workplace, the concepts; are Jit1ke4 as compliance with FJE() taws wut ~>ftett lead to great.et· diversity in the workplace .. Moreover, the absence of diversity is oft.en a critical indicator of potential tmniro to ' Id. ,tt f 2000e-2(l) (it is an 1.m lawful employmem practice 'ito adjust the scores of., use different cutoff scores· fut\ or· othetYt<·ise a1tttt the tt."SUlts ot: employment-re fated tests on the basis of rac~ color, religion,, scxf ··<;tr natiQOa-1 otigin°), Tbc ADA also addr~~s prohibited practice$ related to employment tc~. · Sltt: 42 U.S.C. § 12 l t2(b). Ht i5fc. <t,gq lwibitf v, CiJ)t ,'!/MempJ1is. 404 FJd 40,t 413-14 (6th Cir, l:O(i$) tChyts use of'a ,\'litten test ftlf promotil".m to poUcc lieutenant resuhro in~ disparate jmpac1 on African An1c1icans~ CHy"'5 J1'f0ccdure was not properly v;,Udmt-d and thacforn 4"had no busi11cssjustifkation.''.'} UOESP instructs m1pioy{;rs to rely upon i.\.·titeriott .. related vaHdiry studies~ conknt validity studies or cortStruct validiiy. studies n 10 validate a selection procedure. 29 C.F.R. § 1607.S(A). 11 Jd at §* i{,t)7.3J 16{)7,6; see Ojfic/ers J•tr Jusrit"t' v .. Civil Sen\ (,{Jlttfn '1i1 979 F. 2d 721. 128 (9th CiL 1992) c·tBJefore utmzing a [S£:1ectfou] 11rtK't5dure that has an adverse im~tt on mi1J:rmtics1 rhe Ctcy hai an <.'tl1h~~tlotr pursuant to the U1,ltinw Guttl,llilttlS to explore altet'nattve procedures and w implement thetn if they have less ud\1en;e rr11pat:t and arc subscantiall y ec1ually val1d [lf) other options ).~'l equal employment Oppi,)rtunity in the \'1'0rkplace,; As witne$SCS testified during tbefirsr T«$sk Force listening scssionij and as reported by the 1967 Kerner Commission~ wb iJc a divt!ts.e ptJlic~ force will not alone en.\ure eflet.'tive community pohdng or the 1untection of civiJ rights, a police fotce that rencds the community it ~rves Cito aid in building tru,5t and legitimacy ,n the community~ This can lead to higher quality and more d'fectivc law ent11rcemez:nt 111-0 EE{X~ is bighJy intere1ted in the work ofthe Ta~d, Force with respet:t to diversity, and we, encoutage the inclusion of diversity and EEO compliance in your final recommendations. In Fiscal Year 20l4~ the EEOC received LJ:52 charges against entities listed as HpoUcc·· ot Hshentr~ departmenti~11 The iop l:»lsb thr these charges wa,i retaliariorrunder aU sUttutes (50.5 percent .. with 43.6 percent alleging retaliation under Title VO alone )7 followed by discrimination un the basis <>fsex (36.5 percentJ~ r.tce (.34.2 pen::ent). diS3bility (29,4 pert."etlt)~ and age ( 16.5 percent).13 Sort~d by issue taistd1 the tt.ll' i&sucs were harassment (34.5 petcroO~ discriminatory terms and conditions of employment (33.2 percent).; discriminatory discipline (20.4 perc~nt)~ and reasonable accomrnodation reiated discrimination ( 12.3 percenO. Promotioo. assign,neut,, int1midatioo,, suspension~ and,hiring discrimination were all issues raised~ but. each category fell under IO percent.14 Although the EEOC' s charge data provides insight into employment discrimination 1Sa,.1es alleged, it should not alone be u.,ed to gauge the scope or severity of discri1ninadon or a particular type of discrimination in any gh·cn sedor. Many employees and job seekers do not take the step offilingcharges and many others, especially in the c,ase ofrecruitmcnt and hiring di~t."riminatiou~ are not aware that a viqfatlun bas t>ecurred~ '5 In contemplation ()f this, Congn~s authorized Commissiorn:rs to file charges under Tillr: Vil when they have tea.son to believe discrimination has occurred and similarly authorized the EEOC lo file Directed Investigations under the EPA. and ADEA .. The EE()(: also utilizes: it~ ~:b:acatk,n mid outreach prog:rruus to promote equal en1ployment opportunity int.be public sector. In Fiscal Year 201411 our program .analysts conducied 43 trainings for state and local faw enforcement agencies. These trainings focused on topics such as an overview ofEE()taw$,. implicit bfas" diversity and inelusi1,,ln~ employer respc,lnsibiticy ~md complaint resolution~ and harassment As a result of our nationwidi:: prcsmce~ the EEOC has t: Although the EEO<::'ii syskm docs not sqmrately-tr.a,ck c.bargefi. ag)linst f"Jlicc departmeJ1ts per s~, we can track charges against entities which exp1~sly contain the word npotice" or ~sherif'f: ii While usiug this 1netbod s.omi·vthat tmdcrwtmts lhe charges against pt1Ucc de11artrucnl$, wme of whkb. for ex.ao1plc~ may only name tbc municirmUty involved~ ~ve do b<tlit·vc it e(»1stit:utes ,l rcJ•rcscntativc sa.1nplc ofdtc kinds of co1npla.i11ts ooirtg :made. <mgoing relationships with state and local go\·ernmental ernployers~ g1)tnetitu~s in J;maU locaJides ,vherc then; is I iUk federal prcscm.;c and sometimes as an institutional partner wiih a larger employer. As an example~ the Denver Field Office has partnered with the Denver Sheriff"'s Oepan.meut t•:, Etadt its cuniculum on anti-harassment attd bullying ft)r new recruits, \\"ith the renewed focus on quatity cnnmmnity policing and the rok diversity plays in achieving; it~ the EEOC expects and is well positioned hl form ttC\V and deeper 1,art11crsh1ps d't~t wm bcnetil EE() enforc;ement, police departments, and the public alike. EEOC Next l'tep.;;,, The EEoc··is workingwith CRT, othersatD01~ and experts in, tbc field to: I. Tdcndf'Y insta,1ces in \•,rhkh the use ofcettain recruitmt-.it, hiring~ and pn:,motion practices i11 faw enforcement may serve as ban-iers to equal employment opportunity; 2. Fat..ilitate tbe development of best practices for EEO compliance and achieving and maintaining greater police force diversity; arid 3. Develop and d~lo)r effective ERO and diversitylindusfou tt·aining for ditlerettt state .and focal law enforccmt~t audit.-nccs, inc1ud1ng dt.,>ilrtment leadt.-rshipt human resuuroest and hiring otl1chds (including those in Civil Service Commissions who otlen design police hiring critetia)1 union leadership~ attd 1ndi\•iduat officers. The EEOC vril l also continue evaluating charge and EEo .. 4 data for outreach and systemic administrative aud legal ~1d~1rc,ement ,lpportunitfos.. We encourage the Ta.sk Force to: I , ltwite orc11 and ,vrittm testimony on rccmitmentt hiring, and promotion practices that promote equal employment opportunity in policing; 2~ Ex~mine tbe, qualities tleed~d to be a ~ccessful police officer and identify· relevant se1ection pra~fices; J~ Encourage additional research to quantii)r the benetlts of a diverse pol foe force that retleets the communitv served; 4, Highlight tho~C• d@partmcnts where diversity bas pmVi?n an -effective faw enfbrcemcnl strategy and highHght the approaches taken, as appropriate; and 5, Consider the use ofgmats to assist srn~U and ttdd-sized pulice depat£ments. in cooductiug barrier analyses and taking 1>roadive mc,asures to comply ,-..·ith EEO law and achieve or rm.tintain a diverse \VUrktor<.':C. 5 I , Reconm1rmd experts wh{, can pn::r:afidc oral or written testimony on rectuitn1ent~ hiring; ::md promoti011 practfoei that JmJtnotc equal etnployment OPP9rtunity in policing; and 2.. Subn1it · a. literature review on wurkforce diversity in police depanments, including barriers, best pmcdc.cs~ and job quJ!Hfications. · · .As rcsoutt':CS pmnit, the EEOC can al~o provide the Titsk Force additional infortnaticm on tnrr charge and EE0-4 data. CONCLUSION Th~t1kyoo again for your c-0n~ideratic:m ofthis JC$thnotty and the imp:-.nain role divcr.sity plays in ensuring 21st Century policing that meets the needs of our nation~ The Commission looks forward to woridt1g with you, 6