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For Immediate Release March 3, 2011 FOR MORE INFORMATION: Adam Joseph Director of Communications 203-946-7660, 203-627-5915 (cell) INTERNAL AFFAIRS INVESTIGATION OF OCTOBER 2, 2010 ELEVATE INSPECTION COMPLETE REPORT FORWARDED TO BOARD OF POLICE COMMISSIONERS AND CHIEF LIMON New Haven – The New Haven Police Department’s Internal Affairs investigation in the Elevate Inspection (case #149-10-I) is complete and has been forward to Chief Frank Limon and the Board of Police Commissioners along with a memo from Chief Administrative Officer Robert Smuts containing findings and recommendations to improve future department operations. According to Smuts’s memo, although the actions of the officers involved do not merit discipline, there are clear, in some cases, significant issues with the inspection. Smuts outlines five areas of concern: 1. Inadequate planning and supervision of the inspection. 2. Inadequate control of the space during the inspection largely resulting from lack of communication to civilians during the inspection. 3. Lack of a clear policy regarding cell phone usage during an inspection; inadequate training for officers on this policy; and lack of clear communication to the public the reasons for the policy and need to comply. 4. Lack of clarification and training on when escalation of verbal commands, including the use of profanity, is appropriate. 5. It is very concerning that almost all civilians but not one officer testified that officers used profanity. While profanity may have been permissible, the complete denial that it occurred – in the face of significant testimony that it did – is troubling. Smuts’s memo outlined four recommendations to improve future department operations and improve department interaction with civilians. Those recommendations are as follow: 1. Ensure proper planning on all inspections. o Proper planning encompasses training of all officers involved in an inspection, adequate staffing (there is no reason to press forward on an inspection if there is any concern that adequate personnel are not available), collecting all knowledge of the space and situation that is readily and reasonably available and incorporating it into plans before the operation starts, and an established chain-of-command that is necessary to adequately respond to genuine surprises. 2. Improve communication. o During an inspection, clear and consistent instructions are critical but so are basic explanations about what is happening, how long it will take and other information that will enhance cooperation and the overall experience of the public. 3. Develop/review polices and training material regarding: o Cell phone usage by members of the public during interactions with police officers, o Recording device usage by members of the public during interactions with police officers, and o Use of escalating verbal commands including profanity as part of the continuum of force. 4. Address gap between officer and civilian view of police behavior. o It is troubling to have such divergent accounts of police behavior, most notably about whether profanity was used. o These measures might include, but not be limited to: trust-building exchanges between officers and members of the public (including the students involved in this incident, as well as the broader community); technology such as patrol car cameras that can establish an objective truth of an interaction; and policies and training that can enhance trust and accountability. The premise should be that better establishing the objective truth of a situation should be to the broad benefit of our officers (as long as it is understood in the context of the complicated and life-or-death situations that officers confront on a daily basis). The internal affairs report and Smuts’s memo address Chief Limon’s involvement in the inspection. According to Smuts’s memo, “Based on the information outlined in the report, there is no reason to believe that Chief Frank Limon engaged in any behavior that is the subject of the civil complaints. The Chief did not participate in any of the arrests made and there is no indication that he addressed the civilians at all. That said, once upon the scene the Chief does have responsibility to use his rank and experience to judge whether subordinates were handling the situation properly and take any necessary action.” Under the terms of the collective bargaining agreement with Local 530, the Chief of Police and the Board of Police Commissioners have jurisdiction for considering and issuing discipline to members of the bargaining unit. -30- Adam Joseph Director of Communications City of New Haven (w) 203.946.7660 (c) 203.627.5915 www.CityofNewHaven.com