HomeMy WebLinkAboutContract 58882Contract #: 58882
FORTWORTH.
Police Department
OFFICE OF POLICE OVERSIGHT MONITOR
CITY OF FORT WORTH
Memorandum of Understanding
Between
Fort Worth Police Department
V]
Office of Police Oversight Monitor
Kim Neal
Police Oversight Monitor
200 Texas Street
Fort Worth, TX 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Neil Noakes
Chief of Police
505 W. Felix
Fort Worth, TX 76115
Table of Contents
PREAMBLE.......................................................................................................................................3
PURPOSE...........................................................................................................................................3
IMPLEMENTATION.............................................................................................................................3
MODIFICATIONS.................................................................................................................................3
DEFINITIONS......................................................................................................................................3
AUTHORITY AND JURISDICTION..........................................................................................................4
OFFICE OF THE POLICE MONITOR ORGANIZATIONAL CHART.................................................................S
COOPERATION AND ACCESS TO RECORDS AND INFORMATION............................................................6
CONFIDENTIALITY...............................................................................................................................7
MONITORING INVESTIGATIONS OF ALLEGED FWPD EMPLOYEE MISCONDUCT FILED WITH OPOM .........7
OPOMREPORTS.................................................................................................................................8
MEDIATION AND RESTORATIVE JUSTICE PROGRAMS...........................................................................8
POLICYADVISORY..............................................................................................................................9
TRAINING...........................................................................................................................................9
PUBLICEDUCATION..........................................................................................................................10
USE OF FORCE REVIEW BOARD AND ANALSYS TEAM..........................................................................10
OTHER OPOM MONITORING RESPONSIBILITIES................................................................................10
NOTIFICATION OF CRITICAL INCIDENTS..............................................................................................11
IMPLEMENTATION, DISPUTE RESOLUTION, JOINT REVIEW AND TERMINATION...................................11
APPROVAL AND SIGNATURES...........................................................................................................12
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This Memorandum of Understanding (MOU) is entered into this 1 of December, 2022, by and
between the Office of the Police Oversight Monitor (OPOM) and the Fort Worth Police
Department (FWPD), collectively referred to as the Parties.
PREAMBLE
The Parties recognize the need for interagency communication, interoperability, and cooperation.
The City of Fort Worth has established an ordinance creating OPOM to provide civilian
oversight to the FWPD. Both agencies understand that it is in the best interest of the City of Fort
Worth and its communities to maintain a collaborative relationship through working together to
establish and maintain communications and cooperation to fulfill the will of the public with
respect to the ordinance.
The Parties enter into this MOU with the goal of ensuring cooperative interaction such that
sworn police enforcement services are delivered in the City of Fort Worth in a manner that
effectively ensures public and police safety and promotes public confidence in the OPOM and
FWPD and in the services each delivers, and provides OPOM with unfettered access.
PURPOSE
The purpose of the MOU is to provide a structure for the personnel of both agencies to mutually
work together to allow OPOM's effective and proactive review and monitoring of FWPD's
policies, procedures, practices and administrative investigations; to propose new, effective
policies and practices or changes to existing policies and practices; and to recommend the
implementation of best law enforcement practices.
MPLEMENTATION
It is the responsibility of the Chief of Police and the OPOM Director to ensure that this MOU is
followed and to ensure that agency personnel are trained and updated appropriately.
MODIFICATIONS
Updates and modifications will take place as necessary and as agreed upon by both Parties.
DEFINITIONS
For the purpose of this MOU, these words and phrases have the following meanings:
• Allegation — When a community member accuses an officer of specific wrong doing,
including violations of the Police Department's General Order and other constitutional
and criminal violations.
• Chief or Chief of Police - The Department head of the Fort Worth Police Department.
• Complaint - an allegation, excluding any criminal investigation, from any source of any
action or inaction by a Fort Worth police officer, which the source considers to be
contrary to law, proper procedure, good order or in a manner prejudicial to the individual,
FWPD or community.
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• Department - The Fort Worth Police Department
• Director — The Director of the Office of Independent Police Oversight Monitor.
• Employees - Anyone employed by FWPD and also shall include anyone appointed by
the Chief of Police.
• Excessive Force — The use of greater physical force than reasonably necessary.
• Intake —The process by which the OPOM receives, records, evaluates and categorizes
complaints and inquiries.
• Investigation — An official review by the Police Department that includes, but is not
limited to, witness interviews; evidence collection; policy, procedure and legal review;
analysis and conclusion of findings and recommendations for discipline.
• Misconduct — Behavior or activity that is improper or illegal and does not conform to an
established standard, policy, procedure, practice or law.
• Police or Police Officers — means all FWPD employees having and exercising the
powers of sworn peace officers as defined by Code of Criminal Procedure and Chapter
143 of the Local Government Code, whose primary responsibility is the prevention and
detection of crime and apprehension of offenders; it also shall mean any special police
officers or other sworn personnel appointed by the Chief of Police.
• Use of Force — Officer(s) use of some type of force, whether physical or by instrument,
that restricts the movement of a person.
AUTHORITY AND JURISDICTION
OPOM's responsibilities are pursuant to Fort Worth City Code Art. 2, § 2-27(1)(a).
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OFFICE OF THE INDEPENDENT POLICE MONITOR
ORGANIZATIONAL CHART
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COOPERATION AND ACCESS TO RECORDS AND INFORMATION
1) FWPD agrees to adopt policies to facilitate and promote cooperation with the OPOM in
the performance of its work in the monitoring of complaints; review and monitoring of
policies, procedures, practices and administrative investigations; proposing new, effective
policies and practices or changes to existing policies and practices; and recommending
the implementation of best law enforcement practices. Such cooperation will include, but
is not limited to, the timely and complete production of requested documents and
information; and making employees knowledgeable of matters under OPOM's
monitoring purview available for consultation or meetings.
2) Documentation to which OPOM will have immediate, complete access at all times
and, if unavailable electronically, grant access or provide timely copies on request are:
a. The current General and Special Orders (composed of FWPD's policies,
procedures, and rules);
b. The FWPD's orders, written directives, memoranda, rules, procedures, manuals
and regulations;
c. The FWPD's SOPs;
d. The FWPD's training materials
e. The FWPD's Enterprise Portal
f. Any unredacted footage or recordings related to reviews and investigations of
FWPD personnel, including those obtained by FWPD from others, related to the
subject matter of a complaint or review will be made available to the OPOM and
g. Other documents, materials and access in order to satisfy the responsibilities
prescribed to OPOM.
3) Documents and information that FWPD will make available to OPOM on an expedited
basis, within twenty-four (24) hours of its written request, unless FWPD otherwise
requests additional time; if additional time is requested, the documents and
information that FWPD will make available to the OPOM on a prompt but negotiated
time include:
a. FWPD paperwork (e.g., police documents, reports, and other graphic information
produced by, or acquired by, FWPD regardless of form or format) related to the
subject matter of a complaint or review;
b. The employment records relating to the subject of complaint or review, regardless
of how or where identified or maintained, including personnel files, other human
resources records, disciplinary history, citizen complaints, personnel complaints
and other internal investigative materials, awards and commendations, and
training records;
c. FWPD information not included in its paperwork, whether electronic or known to
employees, but not yet recorded in the FWPD's paperwork, will be reduced to
writing and then provided to the OPOM.
d. Personnel lists and employment records, including databases, including
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personnel files and other human resources records, disciplinary history, citizen
complaints, personnel complaints and other internal investigative materials, awards,
and commendations, and training records;
e. FWPD databases, general summaries, statistical compilations, and other internal
reports, documents, or information on use of force, officer involves shootings,
officer -involved or in -custody deaths and injuries, arrest, complaints or reviews,
training, footage and recordings, and any other issues related to the OPOM's
work; and
f. Any other access to information, processes, practices and documents the OPOM
might request related to its work.
g. Such request will be made to FWPD by email to the Chief of Police or designated
personnel.
CONFIDENTIALITY
1) OPOM will maintain the confidentiality of any confidential document or confidential
information received from FWPD and of any confidential information derived from any such
confidential document or confidential information obtained from FWPD.
2) OPOM agrees to obtain and maintain its CJIS credentials and follow the mandates as
outlined in the CJIS Security Policy.
MONITORING COMMENDATIONS AND ADMINISTRATIVE INVESTIGATIONS
OF ALLEGATIONS AGAINST FWPD EMPLOYEES
1) In addition to FWPD receiving commendations and complaints, OPOM will receive FWPD
commendations as well as complaints from any source alleging misconduct by a FWPD
member. Commendations and complaints may be filed with OPOM by telephone, in writing,
by mail, by email, in person at designated locations, or via the OPOM's website.
Commendations and complaints may be also submitted by third parties who witnessed the
incident but may not be directly involved in the incident, and they may be submitted
anonymously.
a. When commendations are received by OPOM, OPOM will share within five (5)
business days of receipt with the Office of the Chief of Police, IAS and the applicable
Division Commander or Captain.
b. When complaints present OPOM staff with physical evidence, OPOM will
immediately contact FWPD to take custody of the evidence.
c. OPOM will refer complaints with assigned allegations to IAS within five (5) business
days of receipt.
d. IAS will notify OPOM of new complaints upon receipt and provide status updates
periodically.
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e. IAS will notify assigned OPOM staff of the outcome of its administrative
investigations upon conclusion and document all actions in FWPD's applicable
database (i.e., IAPro as of August 2022).
f OPOM will notify IAS of the outcome of monitoring investigations upon conclusion.
g. Alternatively, OPOM or FWPD may recommend such complaints for mediation. See,
"Mediation and Restorative Justice Programs" below.
OPOM REPORTS
1) OPOM will issue a report following its monitoring of complaints from any source alleging
misconduct by a FWPD member and the related administrative investigations, use of force
reviews and other monitoring or review of policing matters as requested. Such reports may
include recommended findings that officers violated policy, procedure or practice or should
be investigated for possible policy, procedure or practice violations, observations regarding
investigations and procedures, policies or practices recommendations.
2) Upon receipt of OPOM's Report, the Chief of Police or designated personnel agrees to
review and provide a written response within thirty (30) days. Such response should include,
but not be limited to, acceptance, partial acceptance, or non -acceptance of the recommended
findings, observations and/or recommendations, a statement of reasons for FWPD's decision,
and a description of actions taken by FWPD in response to the Report, including any factual,
legal, or policy, procedure or practice issues affecting FWPD's decision -making processes.
MEDIATION AND RESTORATIVE JUSTICE PROGRAMS
1) In certain cases, OPOM may offer an opportunity to participate in voluntary restorative
justice mediation, procedural justice, or other non -punitive remedies in response to
allegations of misconduct via a complaint, personnel complaint or preliminary review. If
accepted and completed by the parties, no further investigation of the matter will be made.
The purpose of such remedies is to enhance police -community trust, relationships and
understanding. OPOM may contract with third -party private providers for assistance in
implementing such non -disciplinary remedies.
2) FWPD will implement and update policies describing benefits to its employees to
participate in such voluntary remedial programs. However, such remedies must take place
during work hours and cannot require employees to utilize their personal time.
3) With the approval by OPOM and FWPD, restorative justice mediation or other procedural
justice alternatives may be initiated at any time after a complaint or personnel complaint has
been filed or a preliminary review conducted, in all cases, except those including but not
limited to, significant policy violations alleging use of excessive force, serious bodily
injury, in -custody death, or that could result in criminal implications for the employee.
a. OPOM will provide each party with written information about the voluntary remedial
process, how it will be conducted, and by whom;
b. If within ten (10) business days of written notice and information being provided,
both parties accept to participate in the voluntary remedial process, it will be
undertaken;
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c. The voluntary remedial process must be completed within thirty (30) business days of
acceptance by the parties and selection of a mediator, unless there are extenuating
circumstances;
d. If the parties complete the voluntary remedial process, the FWPD internal
investigation will be closed. If it is not completed or the parties chose to not
participate, the FWPD internal investigation will be undertaken or completed; and
e. Neither participation in nor completion of the voluntary remedial process may be
used against the employee by the OPOM or FWPD for any purpose.
POLICY ADVISORY
1) FWPD will include OPOM in both new and modified policy revision reviews.
2) Periodically, OPOM may recommend changes to FWPD policies, procedures and practices.
Should OPOM make such recommendations, the Chief of Police or designated personnel
agrees to review and provide a written detailed response to OPOM Director within thirty
(30) days. Such response should include, but not be limited to, justification for acceptance,
partial acceptance, or non -acceptance and a description of actions taken by FWPD.
TRAINING
1) FWPD will provide access to the Police Academy courses for training of and by OPOM
personnel. FWPD will work with the OPOM Director or designated personnel to tailor the
Academy courses available for OPOM personnel training. The five key objectives of the
Academy program will be to:
a. familiarize OPOM personnel with Department structure, functions, operations,
policies, procedures and practices;
b. provide OPOM with FWPD perspective regarding handling particular situations
in certain ways;
c. support OPOM continuing education needs;
d. provide another channel of communication between OPOM and FWPD;
e. promote oversight support within FWPD; and
f. promote mutual respect and understanding between OPOM and FWPD.
2) FWPD will provide OPOM with access to other relevant training sessions on subject matters
found within any of the curriculum for Department's basic and in-service training. Access to
such training will be granted upon request of the OPOM Director or designated personnel.
3) OPOM personnel attending any training sessions conducted by FWPD or its agents will be
expected to conform to Department Training Academy rules and regulations.
4) Upon request, OPOM personnel will be allowed to ride along with FWPD officers for
training purposes. There will be no limitation on the number of ride-alongs taken.
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PUBLIC EDUCATION
1) FWPD, in collaboration with OPOM, will develop and implement programs to broadly
educate the Fort Worth community about the various methods for making misconduct
complaints as well as commending police officers. The topics below should be considered for
incorporation into the community engagement programs:
a. Make complaint forms, commendation forms and any informational materials,
including brochures and posters, available at appropriate city government properties
and at the offices or gathering places of community groups.
b. Continue to require all police officers assist any person who wishes to file a
complaint by providing OPOM and IAS contact information as well as the officer's
name and badge number upon request, if feasible under the circumstances.
c. With the proper resources allocated by the City of Fort Worth, make
complaint and commendation forms and related informational materials
available in foreign languages appropriate to the local community.
d. In consultation with the OPOM, FWPD will consider additional metrics to measure
community education and engagement.
e. Upon request, participate in OPOM's community engagement efforts to educate the
community about the complaint and commendation processes.
f. Include OPOM information on FWPD website and other communication medium and
letters to community members regarding complaint process and status.
USE OF FORCE REVIEW BOARD AND ANALYSIS TEAM
1) FWPD agrees that the OPOM Director or designated personnel will monitor the Use of
Review Board meetings as well as the Use of Force Analysis Team meetings and work
product. All actions related to uses of force will be maintained and updated in FWPD's
applicable database (i.e., BlueTeams as of August 2022), of which OPOM will have access.
OTHER OPOM MONITORING RESPONSIBILITIES
1) In compliance with OPOM's enabling Ordinance, OPOM is to review the strategic planning/long-
range policy, practices and training of FWPD to provide feedback and advice. Additionally, OPOM
is to initiate professional review of individual or systemic issues concerning race, culture and
diversity with FWPD and its practices. In order to fulfill these duties, FWPD agrees to OPOM
accessing and monitoring all aspects of FWPD related to these matters as well as police -related
activities impacting the community. While the list is not inclusive, the Chief of Police agrees to
provide the OPOM Director access to its processes involving strategic planning, technology and
recruitment/backgrounds, as well as its programs involving young adults and juveniles, training, and
community programs including outreach and crime prevention.
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NOTIFICATION OF CRITICAL INCIDENTS
1) FWPD agrees to cooperate with OPOM to facilitate OPOM's receiving notification of critical
incidents, as defined in the Department's General Orders, involving police officers, including
but not limited to, uses of force involving serious bodily injury, deaths in or related to police
custody.
2) FWPD agrees that the OPOM Director or designated personnel will monitor the Critical
Incidents Review meetings and work product. All actions related to critical incidents will be
maintained and updated in FWPD's applicable database of which OPOM will have access.
IMPLEMENTATION, DISPUTE RESOLUTION, JOINT REVIEW AND
TERMINATION
1) The MOU will be binding on all successors, assignees, employees, and all those working for
or on behalf of the FWPD and OPOM.
2) The MOU is not exclusive to other rules, regulations, laws, other agreements between the
parties and other directives by the City Manager to the parties.
3) The Parties will notify each other of any challenge to the MOU.
4) Should a dispute arise under this MOU, the parties agree to engage in good faith discussions
to resolve the dispute and may request the City Manager and City Attorney facilitate such
discussions.
5) Failure by any party to enforce this entire MOU or any provision thereof with respect to any
deadline or any other provision herein will not be construed as a waiver of its right to enforce
other deadlines or provisions of the MOU.
6) The MOU is enforceable only by the Parties. No person or entity is intended to be a third -
party beneficiary of the provisions of the MOU for purposes of any civil, criminal, or
administrative action, and accordingly, no person or entity may assert any claim or right as a
beneficiary or protected class under the MOU.
7) Both parties agree to engage in a joint review of the MOU's terms at least annually and to
discuss in good faith any revisions proposed during such review.
8) The Parties may jointly agree to terminate the MOU, with City Manager approval, upon sixty
(60) days' notice to the other parry.
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11a
APPROVAL AND SIGNATURES
IN WITNESS WHEREOF, the undersigned, duly appointed representatives of the Office of the
Police Oversight Monitor and the Fort Worth Police Department, respectively, have, on behalf of
the Parties, signed the present Memorandum of Understanding in two originals, this
day of NuyvPmh Qr, 2022.
Nce"dr /
Office of the Police Oversight Monitor:
Name: Kim Neal
Title: Indep n nt Police Oversight Monitor
Date: 12 Z 2 Z
Office of the City Manager
l
Name: David Cooke
Title: City Manager
Date: 1 442-
APPROVED AS TO FORM AND LEGALITY:
City of Fort Worth Attorney's Office:
Name:
Title: Legal Advisor
Date: ' - -;,
Fort Worth Police Department:
Title: Chief of Police
Date: I.A-!72el -.;-2
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Office of the City Secretary ��o ° �op�dd
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°° °°°°°° °° *°
Il� nEXA9oap
Name:Jannette S. Goodall
Title: City Secretary
Date: Feb 16, 2023
Contract Compliance Manager:
By Signing I acknowledge that I am
the person responsible for the
monitoring and administration of
this contract, including ensuring
all performance and reporting
requirements.
Cat�ces^irze- ticcckaGti
camorcn, Hu,kany rFon,e..o..,.
Name: Catherine Huckaby
Title: Deputy Director/Monitor
Date: Feb 16, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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