Item A: Tri-Annual Report to CC from Police Auditor

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I remain troubled by the process for critical incidents, and in particular, officer involved shootings. The processes for these investigations remain under the auspices of state law and the county IDFIT team. The IDFIT investigative function is led by a member of the Oregon State Patrol (OSP). I am not a member of the IDFIT team. Once they complete their investigation, they present their findings to the District Attorney. Eventually, the process moves into an administrative process with an EPD use of force review panel, in which I am a non-voting member. In these most critical incidents, for quite some time the investigation are controlled by the OSP team leader. Having significant experience in investigating critical incidents and with a keen sense of recognition that these are incidents that are most likely to test the level of community trust, I remain concerned that our extended detachment from a controversial major incident will negatively impact community trust. Performance and Policy Impact: I believe our presence and communication of clear expectations has been helpful in deterring willful and malicious misconduct. I feel the same about use of force. While the Taser issue remains a major point of emphasis in the community, the fact is that the Taser use rate is very low when compared to national statistics. For our 2011 annual report, we reviewed each use of force complaint and investigation to gain a better understanding and look for any patterns or opportunities for performance improvements. With regard to other uses of force, in over 99% of police calls for service where an officer responds, no physical control report is generated. I would hope that our presence, knowledge, and efforts have some impact on this number. Approximately 31% of cases resulted in sustained allegations, with an overall sustained rate of 27% for all specific allegations, resulting in some form of discipline. I believe this matches up favorably or better with like oversight organizations. While statistics are normally difficult to compare, the 2010 sustained rate for Boise was 10%, Cincinnati 10% and Berkeley 13%. I believe that we play a significant role in ensuring that when complaints and or officer conduct generates an allegation requiring an Internal Affairs investigation, the complaints are investigated completely and the adjudication recommendations are consistent with a reasonable analysis of the facts. Another area that remains important in 2011 was vehicle pursuits. Several police pursuits in 2011 and 2012 resulted in sustained allegations and discipline. We (Auditor and CRB) have successfully advocated for policy improvements in search and seizure, canine use, vehicle pursuits and response to unusual behavior by arrested subjects. We are in the process of asking for policy reviews generally on the handling of arrested subjects at jail intake including but not limited to medical evaluations and bathroom needs. Communications: We work to foster positive and constructive relationships and partnerships with Council. This occurs through monthly meetings with the Mayor, Council President and Council Vice- President, respectively; in addition to written and oral reports to Council. In late 2011 we established our weekly newsletter. I believe that we are the only civilian oversight agency with nearly 400 annual complaints to have a weekly newsletter. While we cannot name names, we provide a significant amount of information each week about cases, topics and decisions. Anyone interested in receiving them may do so. Deputy Auditor Leia Pitcher, Senior Administrative Specialist Vicki Cox and I have spent 3