foreign [Music] good afternoon everybody Welcome to our meeting it's Monday August 28 to 2023 at 1 pm I'm Cassandra Gandara mayor Pro tem and I'll be presiding over the meeting mayor is out of town and so please stand and if I can ask the Public's attention please thank you if you please stand and I'd like to just a moment of silence also to recognize our police officers and our fire who worked Tire or Leslie I have a little piece of candy in my mouth and that didn't go very well but I appreciate everything that you do to keep us safe and then will you join me to for the Pledge of Allegiance okay we always have a pets of a week segment do we have Amy on there you are Amy how are you I'm doing well how are you good good Amy thank you we're looking forward to hearing pets of the week and your training you always give us some really good information thank you I appreciate that [Music] my name is Amy De Felix coordinators for the Animal Services Center of the Messiah Valley I'm also the one that picks and presents the pets of the week every week and as always I'll start by me sharing my screen there you go there we go and I'll turn off my video so it doesn't come out the text alrighty and we always start off by presenting our cats of the week and our cat of the week this week his name is William his number is 64952 and he says who is this messed wonder that is ready to charm his way into your heart it's me William I'm a small boy only five pounds and I'm a quiet introverted Kitty I really want attention but I prefer quiet companionship where you gently pet me while I'm in the corner softly purring while I need into your lap or a blanket I mean his number is 64952 I don't remember if I've already mentioned that but just for reference um and then our dog of the week we have Mr Chansey his number is 59661 and he says I'm just a little bit shy but I'm super sweet and full of love I'm a quick learner already getting used to being on a leash and I'm even in the process of learning sit I was in a foster home for a little while I'm a foster found out that I'm cat friendly and I might already be potty trained no messes and doors for me I'm back at the asdmv temporarily so stop by and visit me this week and then regarding adoption events um this will last four days of clear the shelters um all month long all adoptions have been 25 so it'll continue to be 25 until end of day August 31st we also have off-site adoptions at the farmers market this Saturday we will be there from 10 a.m to 1 p.m um we're usually located at the end of the farmer's market typically by Oregon Mountain Outfitters like that into the farmer's market that's a stop by and meet some wonderful adoptable pets and now to continue with the disease prevention I'd like to talk about canine parvovirus it's another really common uh commonly talked about disease especially among puppies um so what is canine private virus it is a viral infection um it is gastrointestinal it only ever attacks the like GI system so like the stomach the intestines and everything else associated with that um it's spread by direct contact between a susceptible dog an infected dog or by susceptible dog in contaminated feces environments or people some like fomites like you have a parvo Positive Dog you're interacting with it hugging and cuddling it but didn't realize it was sick yet you have the the virus on you and then you go and touch another dog and then that's how um it's like indirect kind of a contact that way um the incubation period typically ranges from three to seven days after exposure um the duration of the disease is approximately one week um the most at risk are unvaccinated dogs and puppies which are less than four months old and I didn't write it down um but I do want to mention um well the incubation period is like three to seven days the time it takes for a dog to either get over it or pass away from it is about a week parvo itself is a very resilient virus and in the environment it can last Almost up to a decade almost up to 10 years um just alone in the environment kind of waiting to find these susceptible kind of a dog to infect so it's it's definitely um like dirt yards grass yards um if there's an animal that has had parvo in it it's really hard to disinfect and make sure that it's healthy for a new animal to come in so that's always something that we ask to be aware of um no because not many people know that it can last in the environment without a host for that long and it's surprising and it's a very difficult to manage um so what are the symptoms of parvovirus um it's usually lethargic loss of appetite abdominal pain fever or hypothermia so either really high temperature or really low temperature vomiting and severe bloody diarrhea now the severe ability diarrhea is usually kind of the the key sort of symptom for people to see from a puppy and think oh that might be parvo same with lethargy and loss of appetite because puppies you know they're growing they love to eat they'll take every they'll put everything down basically so if you see a puppy and he's looking kind of uh low energy not really eating all his food and he's vomiting and has diarrhea um Parvo is usually one of the first things that people kind of look towards um so how is parvo diagnosed or treated um a veterinarian will diagnose either through like the clinical symptoms and also of course lab testing I will test the stool to see if there's any virus that is being shed that way um treatment consists of supportive care and management of symptoms like it is a virus so you can't give medicine for it essentially like antibiotics don't work for it because it's a virus so the treatment is mostly supportive care for keeping the dog hydrated um and getting in as much nutrients as possible to kind of keep them still um at a decent kind of energy level while his body is learning to fight off the virus so it's controlling the vomiting diarrhea diarrhea so normally like an anti-amitic something that will keep them from vomiting um something to firm up the stool and as well as combating dehydration through fluids and electrolytes so that's like the subcutaneous fluids that you see people do with a bag of like the Lactaid to bring your solution or something similar um and dogs diagnosed with parvo like the ones dogs diagnosed with distemper like we talked about last week they must be quarantined to prevent bed to to prevent spread excuse me because it is a highly highly contagious disease especially among puppies so what is parvovirus prevention um of course like with canine December prevention is prevention is the most effective route with maintaining and controlling the disease so of course vaccination especially starting a puppyhood revaccinating adults as soon as vaccines are due so that's usually like every year um the distemper and parvo uh virus strains are usually in a combination vaccine so when you get vaccinated for December you're usually also getting vaccinated for parvo and it's like a two birds one stone kind of deal um you do not bring your puppy around with you in public until they've had their full set of vaccines and boosters in your veterinarian says it's okay because you just don't know what's in the environment in your puppy's immune system is very weak still not fully developed and he's not kind of ready to kind of take in all the pathogens that could be kind of waiting for him and definitely don't let your dog interact with fecal waste of other dogs while out on walks or playing outside I know dogs are just naturally curious especially when you're out on walks and someone didn't pick up their dog's poop previously and your dog immediately wants to go and sniff it and try to keep them from doing that because you'd never know what sort of a bacteria or virus is part of a virus otherwise that they could be sniffing picking up and kind of getting in onto themselves and then hopefully hopefully not but potentially um getting sick with later on so of course I always encourage you back vaccinated vaccinated vaccinate and keep your pets healthy and safe thank you thank you Amy okay next up is our jobs of the week and we have Giselle palomares she there's Sarah hi Sarah good afternoon how are you I'm well how are you great let me share my screen for you all all right can you see that we see the jobs of the week just the title page perfect okay for our jobs of the week everyone we have several that have come up here in Las Cruces in the doniana area we have for the city of Las Cruces we have a case manager on the pay ranges from 45 000 to 64 000 a year depending on experience and that one closes on 9 11. wait for also for the city of Las Cruces we have Youth Services administrator that one the pay ranges from 60 000 to 87 000 depending on experience and also closes on September 11th for White Sands Missile Range we have a child and youth program assistant that one pays um 1739 to 20.99 an hour depending on experience we also have an office clerk at Berg's Automotive um that pay was dependent on experience they did not list a specific pay that one closes on 9 22. an automotive technician for Pep Boys that one is twenty six thousand to forty seven thousand dollars a year and closes on September 11th and then finally we have a financial analyst for the American Red Cross that one pays 62 000 to 85 000 a year and closes on September 24th and as always you all can reach us on um on a website at employ nm.com at our app that we have and then at our office on Alameda Boulevard if you have any questions please feel free to give us a call reach out to us we also have a Facebook and we're reaching out to tick tock so look for us there guys thank you so much for having me thank you so much Sarah we appreciate you we'll see you next week no sir I'm sorry I'm not able to get you sir please take a seat Paul Mr burunda and we'll sit Mr barunda please this is a work session and we're going to go through the agenda item and I will give you a chance to speak on behalf of whatever agenda item you would like to speak to related to what's there 3.1 Police Department oir recommendations update hi Chief story good afternoon mayor Pro Tem good afternoon mayor Pro tem Council Jeremy story interim chief of police for the record today what we want to do is provide an overview of these four areas I think we'll hopefully set some context prior to oir coming up to give their update I'll talk about training again and the goal is to present the last two years which coincides with the same period that Oar has been our auditor of training Lieutenant Gutierrez with internal affairs we'll talk about policy updates or new policies that have come into existence in the last two years we'll talk about some of the recommendations they've made over this uh last two years and then what we've done to address them and then I'll finish with a what hopefully is a detailed explanation of our use of force review process as it exists today the first slide up here is what is required for any police officer law enforcement officer in the state of New Mexico so this is the only training that is required of a police officer in New Mexico which is kind of a separate topic the first five classes everything's on a biennium cycle so it's a two-year cycle the first five classes say annual those are required every year and then the rest of the classes are only required to be completed at least once during that two-year cycle we are finishing the two-year cycle in this year so December 31st all of our officers have to have this training to remain certified this is the minimum now even within these classes there's a minimum number of hours and in some of those classes we exceed that so for instance interaction with persons with mental impairment is required to be two hours every two years is minimal we generally do an eight to ten hour class and we spend half that time doing scenarios the next few slides are going to be the training that we've done in the last two years that's above and beyond the minimum requirement and this is training that's required of all LGBT officers so all commission officers are required to attend these classes we try to mix up the topics somewhat between each year so that we're getting different things in 2022 I'm not going to read everything I'll try to hit a few things specifically but the first one up there critical legal issues training was an attorney we brought in that did an eight-hour class kind of the high points of that training were trends that they're seeing in use of force as well as Crisis Intervention apologize same thing with 2023 I won't go over everything but I'll try to emphasize a few things the first class you see up there is hearing loss sensitivity training for law enforcement that's a class that one was recommended by oer based on a case review we had been working with the New Mexico commission for the deaf and hard of hearing since 2020 due to covet it took longer than we'd like both of us to get this to happen but in February of this year they came down and all of our officers attended that training there's three classes that say de-escalation that's kind of want to separate those three and what the difference is between them the first one was a four-hour classroom course that was kind of a broad view of de-escalation so they hit things like the use of cover and distance to slow things down which gives you time time helps you to make better decisions and to gather more resources to help solve whatever problem there is get emphasized effective communication skills especially crisis communication skills and it also talked about human performance factors but really the importance of recognizing when you're overly stimulated emotionally you're presenting with a stressful circumstance and sometimes our sympathetic nervous system can be too engaged and that causes US problems so practical mechanisms to help reduce that level of stimulation and bring you back so you can have more cognitive control you can think better under stress the uh second one the scenarios is just practical scenarios what we call force on four so that's practicing these same skills you learn in the classroom in a realistic environment these ones were centered around traffic stops but it's just presented with different types of interactions so that they can navigate through them and the last one the exploration and subject control is a class that was developed by our defensive tactics unit head who was also our crisis intervention officer for many years and this class was a recognition that sometimes force is necessary but even after force is used there's still opportunities to de-escalate so they focus on how do I de-escalate during force and then immediately after Force being used which is a really good class um and the last one I'll hit on this page is very impartial policing which is a company but also the curriculum we started teaching that in 2020 we just finished our our booster training our refresher training and that takes an evidence-based approach to how bias affects all human beings and how sometimes those can be negative and how to minimize their impact in our decision making so those first three slides were the required training for all officers so now I'll make a distinction between that in-service training and Advanced Training Advanced Training is classes that are offered to anywhere from one officer to a significant portion of the department but not every officer is required to attend the next two slides are just going to highlight the classes that we either hosted at LCPD or we ran them ourselves we brought companies in or we ran the classes and so there's a large number of officers that attended all these classes you can see that there's a heavy emphasis on search and seizure that's an area that um it's very restrictive in New Mexico so it's difficult for officers to to learn it to the point that I would like and ultimately they have to know it as well if not better than attorneys because they have to make these decisions and apply the law sometimes in a compressed time frame so that's been an emphasis on this page I I just want to kind of highlight that a lot of these classes we do bring in companies and there's a combination between we have great instructors at LCPD so we develop and run our own classes but we also bring in companies and that helps make sure that we're one betting what we're doing it helps us kind of gauge our curriculum against what other people are offering and so it becomes a checks and balances for our training llrmi is a company legal liability Risk Management Institute we brought them in for several classes now primarily it's attorneys although some of them do have law enforcement experience as well so those last two were Advanced Training I'm shifting to instructor training and these are classes that we have either hosted or run and developed or developed and run ourselves for instructors in the past two years instructor development is the class that's required for any New Mexico law enforcement officer who wants to become a certified instructor to refresher is a class to maintain that certification outside of that again I'll just highlight a few things excellence in police training is a class that we hosted that we brought in and it's uh premised on evidence-based approaches to training in general and Law Enforcement Training specifically the use of force instructor class was a federal law enforcement training center we just brought that in in June that's a two-week certification course uh we had I believe 18 Personnel that attended including our entire use of force Cadre I talk really fast and then I get driving off sorry and now I'm going to shift to supervisor training so I'm trying to go as fast as I can so I'm not holding everyone up but the next few slides after this will be our supervisor training program kind of the framework of it but this slide is the classes that we've done for our supervisors in the last two years and a lot of that is to implement that supervisor training program this uh stems from both a recommendation from Oar for better supervisor training and the recognition that there was we weren't given our supervisors the tools that they needed to be successful in New Mexico there is no required training to become a supervisor so you could be an officer one day a sergeant the next with absolutely no training to help you traditionally most departments require a first line supervisor class which is a 40-hour class which is great but clearly not enough to to make that transition the one thing I will highlight is dacc began offering an accredited first line supervisor class that also accounts for college credit so although we send officers and sergeants to different ones we try to encourage them to attend that one because it benefits them with college credit and also is structured in a way I think that helps with learning it's not just 40 hours Monday through Friday which isn't the best for retention the supervisor legal liability courses that company we brought in that was a two-day course that happened in February of this year and the last thing I'll kind of really highlight a scenario-based decision making which I think is the most important training we can do that's how supervisors make decisions under stress and realistic and circumstances of environments so I'll explain some examples of what that might look like that could be a supervisor walking into a scenario with role player officers that are in a bad tactical position it's chaotic and they have to walk in establish control move people around get them in a better spot they could be walking into a situation where there's an officer who's a role player officer who's over stimulated who's clearly upset and they have to recognize that kind of pull them back and then solve the situation or it could be a supervisor sitting at a table listening to a radio of a mock Pursuit and they're getting information having to ask questions and then make a real-time decision whether to allow that pursuit to continue or terminate the mock Pursuit so that's what we've done in the last two years the actual program we developed in response to the recommendation is this and I think it's realistic but it's ambitious for anyone who is on the list promote to Sergeant or who has just promoted within the first six months a year at the most they will complete all this training so some of it they'll have it'll be spaced out of course not all at once the first line supervisor class that we've always done will be the minimum and then some of these other trainings that clearly will be beneficial as a supervisor we also recognize that just because we do that up front doesn't mean they're set for the rest of their career as a sergeant so an ongoing annual training this is what we've developed we've done a good job so far of implementing almost everything here Internal Affairs training has happened the last two years that helps with consistency and complaint intake and investigation we just completed a leadership training that was uh went great that was developed in-house the legal liability training the two-day class I mentioned happened in February use of force refresher training happens next month in September tactical topic could be anything from West lethal deployment it could be Shield use for increase officer safety high risk stops anything around tactics and then that scenario based decision making training and just to kind of be my disclaimer to hopefully tie it all together everything I presented is not all-inclusive lists there's several different types of training that happen simultaneously so we presented in service is what's required for all officers Advanced Training is classes that are above and beyond I I gave you guys the classes that had a significant amount of officers that attended but we send individuals and small groups to classes conferences seminars throughout the year every year including our civilian staff we also send them to Local classes just in smaller groups that weren't on this list for those classes it does not include training or policy review through our online learning management system so there's a lot of policy reviews and little trainings that happen through the online system which is a great tool for just refresher keeping stuff that's either needs to be refreshed often or that's just came out so we can get it out to officers quicker and does not include briefing trainings which are ongoing there's a briefing training calendar so every month has a topic that all the shifts are required to complete a certain amount of training on that topic and then outside of that they have leeway to do different trainings on different topics we also bring in a lot of outside entities to conduct briefing training for our officers just in the past 18 months I think of the crisis triage Center uh Messiah Valley Hospital the light unit came in ideal options medical assistance treatment is coming in next month CYFD the compliance RMS CYT for juvenile compliance so that's an opportunity to make sure officers know either new programs changes to programs or statutory requirements that need to be refreshed often and it does not include ongoing special unit training or all of our special units SWAT canine drone needed Motors Honor Guard they all conduct ongoing training that's documented separately but that's on a monthly basis and it does not include our minimum 17-week build training evaluation program or our basic Academy the last thing I just want to highlight this is something that we're developing right now is a police legal advisor and trainer position a contract position that will just allow us to address things a lot quicker more frequent I believe that for learning especially in search and seizure there's so many different topics for search and seizure use of force that due in an eight-hour class once a year although that's that's a lot better than not doing it it's not often enough to ensure retention throughout the year when they need it most so three things they'll be doing they'll conduct that ongoing training in all these areas including report writing they'll identify Trends through oir review or internal review and then they'll develop a curriculum to address it quickly instead of allowing it to become something bigger and then they can discuss specific search and seizure questions with officers or supervisors and one positive trend I've mentioned to other people is that in the last two years there's conversations being had between officers and between sergeants officers and sergeants that just weren't had before on certain Series so they'll debate back and forth an issue of the law they'll discuss through all case law and then counter it and those discussions tell me that it's working that people are actually thinking about these things but now they'll have an additional resource if there is a question is this the right way to approach a situation even a hypothetical they can contact someone who is a an expert in New Mexico law and get some guidance before we make a decision on that at this point I'm going to introduce Lieutenant Rob Gutierrez from our Internal Affairs division to go over policy review the oir recommendations and then I'll come back and talk about use of force review thank you thank you Chief story does anybody have any questions on the diets for Chief story at this point yes counselor Flores thank you so much uh Chief story um so on page 12 um you know slide 12. LCPD training doesn't include um yeah there's the word doesn't include doesn't does not include so that isn't training if it doesn't include so I'm just are those things you want to include in the future or am I reading it wrong or mayor Pro tem counselor Flores the preceding slides before this do not include these things so these are things that we do that it did not cover on those first slides just because it would have been too much information to put all down so you look at the first bullet point the preceding slides only capture classes that are required for all officers or a large percent portion of officers to attend oh I see those slides do not include this information but the but all of that is is part of the training yes it just didn't include it in the previous okay correct yeah yeah okay I was saying wait a minute well so I did miss something thank you and my other question is page 13 um a licensed attorney to provide continuous training and what is the context of that statement not have do you not have a licensed attorney who is knowledgeable in search and seizure and everything we do that's a good question mayor for Tim counselor quotas we do the frequency that we want it to happen at is just not tenable for all the other tasks that are assigned to our city attorney's office so we have good attorneys that would be capable if this was their full-time job we want something that is going to be ongoing briefing trainings full classes two-hour blocks developing online learning management curriculum responsive to questions as they come up and if we want to do it at the frequency that I think will be beneficial for not only the department but the city then a contract position is what a lot of other departments are going to just so they have someone who is that's a significant portion of what they do are there other departments in the state correct there are other departments okay and then um the legal training you referred to in February was that the one from Manning and cats in Los Angeles missio Lynn's presentation maybe with Sam Council blues that was uh Miss yolin was the one from 2022. it was no way I thought it was just a few months ago the one uh that the legal liability class was LL RMI which is Jack Ryan's company a lot of people know Jack Ryan is one of the most notable use of force experts right um so that was his company that taught that class two separate companies oh two separate but then you do have that type of training how often is that when you have someone of those you know like Jack Ryan and Missy Ellen my goal is to bring at least one of those entities in a year so that's always been my goal we've done better than that like this year we're bringing them for a couple different things plus the federal law enforcement training center class but at a minimum bringing for legal areas bring in an outside expert in once a year so um you know I but it seems I think it was on page 12 that um it doesn't matter where it is but you do list a need for an attorney who is up on the search and seizure and all the different um all the different provisions and you know someone's rights so um so this is something I'm sure that you presented to spoken with our city manager in terms of the needs and the because these aren't wants I think these are needs May April Tim Council Blues I've spoke to both the city manager and the City attorney and we've discussed it in depth and they've both been very separate with it okay thank you very much for your presentation thank you madam chair thank you counselor Flores Council um Graham thank you mayor Pro Tem thank you so much chief for what I realized wasn't even an exhaustive list of all of the training that you're doing um less of a question more of a comment I'm really happy to see the emphasis on supervisor training but especially on field training officer boosting that knowledge because I think one thing I've picked up in the last couple of months um as you've been sharing you know sharing more of the departmental procedures is what culture Setters ftos are in terms of how the officer out in the field is going to interact with the public and how critical it is and I'm just very happy to see that you're emphasizing that importance and making sure that ftos have the knowledge that they need then I also uh I just loved the phrase overly stimulated emotionally because I feel like I'm always overly stimulated emotionally so I appreciate I'm going to use that one from now on so thank you so much thank you mayor Pro Tem that's trauma language concert Graham very good yes councilor bingomo same thing my therapist once told me I was emotionally high maintenance so I feel like that's um Chief I as you were presenting on supervisor training and what you said around you could be an officer one day and a sergeant the next I don't think I actually fully know the hierarchy of the department so it's officer sergeant lieutenant Deputy cheap and cheap okay and then so at supervisor Sergeant position you were managing staff and all of that and does some of your training include those pieces on how to best manage a team of Staff it does Mayor posham councilman Como a lot of the classes uh that are in there talk about it so it's redundant from different aspects maybe so the first line supervisor classic focuses a lot on that on management of personnel management of resources the different areas of liabilities ability to train failure supervisors Etc but also the leadership training talks about that the legal liability class talks about it so it is hit in many different classes okay all right that was my only question thank you thanks councilor pimple I have a question Chief story thank you for the presentation you and I just had a conversation about training so I felt like I knew about it but I we talked about Kalia training the gold standard right that you are embarking on and I I think it'd be a great opportunity to speak to that and what it would entail because some of this I think if we move which is very extensive very long um but worth it for sure because they're seeing some great outcomes with it can you speak to that April Tim I I do not want to steal the Thunder a slide for it okay good cool it is important all right I'll hold off I appreciate it thank you Chief story thank you lower this Rob Gutierrez Lieutenant Internal Affairs for the record mayor Pro 10 city council thank you very much for this opportunity I'm glad everybody is aware that LCPD we're taking a lot of input from a lot of different areas the goal here is for Best Practices to be put in place and used not only for transparency but for the good of the community in the good of the entire city for that so we thank oir for doing that we thank citizens and as Chief story mentioned we have a lot of input from supervisors a lot of debriefs go on and we get a lot of input so going along with that our very first slide is our policy revisions most of these if you notice they are self-initiated or internally initiated even though oir has also mentioned a couple of these they'll be noted in there so we do look ahead we do speak amongst ourselves and amongst the officers and what is the best practice we go out and look we have we're one of the only departments that have an actual compliance Sergeant they go out and look at case laws they go out and look at International Association Chiefs of police information and that has a ton of information from all over the country a lot of police departments share their information share their policies and best practices so we compare it and see what's going to work for us so not everything that is recommended will work for us and sometimes we've tried it or we'll try it again with a different approach to it so keep that in mind we review our policies annually especially now with Kalia coming up that is going to be one big requirement that every single policy is reviewed and updated as a matter of fact to meet the compliance or to come in compliance with it it has to have a pretty much a current date of when it was reviewed changed and approved before they come down and give us a stamp of approval so I'm not going to go through every single policy but you can see the code of conduct you can see command and supervision policies you can see operations divisions and Staffing uh even the gym facilities we've got new policies for that peer support policies uh use of force complaint investigations how they're handled how they're dealt with we are even looking at an alternative complaint resolution to speak to people as they're making them we can come in and hopefully resolve it and passed on some knowledge to prevent any future misunderstandings or just basically educate somebody that needs to be educated on things or educate ourselves on this we even have the canines we have lineup show UPS uses of force uh even once again when case law comes out or Senate bills come out everything has to be updated and looked at Police Service AIDS sometimes inside of their own units they request policy changes on what their duties are or descriptions or even adding Police Service AIDS we didn't have them a couple years ago so that had to be added so we're growing in the right direction and of course the policies are the are the main goal here now with that in mind we want to be a well-rounded Department so with that Chief story mentioned LL RMI legal liability Risk Management Institute and we also train with the public agency training Council some of those policies and recommendations made by oirs the training of internal affairs detectives Internal Affairs supervisors so we're actually using both of these companies to go out and be certified investigators how to handle complaints out of the intake of complaints which is both an oir recommendation as well as an internal recommendation that has been brought up so the biggest changes is now all general orders apply to all LCPD employees instead of just commissioned employees so anybody under our umbrella is now covered that was the big oir initiated uh you know change that we made standard operating procedures for codes in ACO that was oer initiated once again bringing them under the LCPD umbrella completely so I'm not going to go through every single one of them for time wise these are some of the oir recommendations and what LCPD has done to comply with them or at least we gave it we gave it a try as far as best practices go case disposition there's a lot of citizens out there that didn't know what happened to their complaint on a preliminary we just send them a letter and say hey your case was investigated we didn't find anything with it now uh through Oar and some of the other input we're now telling you this is what we investigated and it was sustained not sustained we didn't have enough evidence we're using plain language now and telling you everything that we've done and that seems to help a lot and it and it answers a lot of questions all right once again uh IA Investigator training all IE Personnel are attending IA certification training and that in the last two years has been yearly so that fits in with with the presentations that are going to happen today from oir we're including relegate relevant one of these days to learn how to speak include relevant background information uh we're quoting the laws of actually what we're referring to once again we're not leaving you in the blind we're educating you this is the exact law and this is what your situation was so this is why it why why we used it in that investigation uh pursuing verifiable details and we're documenting all our steps before if we went and searching for something and we didn't find it we didn't use it we didn't mention it we didn't even say anything about it because we didn't use it and now we're actually listening it hey I made a phone call hey I went to this place and it didn't turn up anything there was no evidence there so we're moving on once again we're trying to be more transparent all right now we're including the totality of the circumstances the background information uh we're trying to give you all the information that led up to that complaint so now we're actually adding it instead of just our facts in the description we're giving you the whole story now right officers are being provided with all the tools all the forms that a civilian might need a private property crash forms were a big thing when people backed up into each other in Albertson's parking lot the officers didn't have a little card to give them to put your name Insurance uh location you know license plate stuff like that now they have it okay simple little things that you wouldn't think or anything you know I don't know how many times I've been out there without a PIN because I couldn't even you know write down somebody's license plate of course we have a camera anyway all right so generate investigations as they come as the information comes into our possession uh we try to do that with everything whether it be a citizen complaint just citizen complaining to an officer they come up and say hey so-and-so said this I heard this WOW we'll start looking into it so we're automatically going to start that but before we even get to that report writing was a big big thing some of our officers you know we're leaving information out so blue to Gold report writing training is occurring now continuously uh showing officers how to write reports showing supervisors how to write reports uh developing you know we're developing an accredited uh report writing course in the academy that'll be a part of it you know basic writing skills we take for granted uh some people don't have so we're going to give it to them oh our recommendations once again uh evaluate training curriculum for CIT and de-escalation that was a big thing we had already been working on but once again it was brought to light and then because the covid and stuff it took a little bit but we made it happen uh in service duty to intervene CIP classes and de-escalation classes are now required for all office and I think Chief story hit on those pretty much and now even the supervisors and some of the official annual IA training okay we are actually giving the training because we're the ones that see the issues we're the ones that see the complaint forms or you know just look at the policy and go oh this is why we did this okay possible uh penalties or the Complaint Form citizen Complaint Form was revised it used to have penalties on it um it used to threaten you basically so a citizen might feel threatened and not fill it out because of the wording on there now it's uh friendlier towards citizen so we are trying to be more transparent and doing all that now the answer to Kalia Kalia is the commission on accreditation of law enforcement agency they are the gold standard in public safety accreditation they are an international company uh police departments in Mexico Canada Germany and the United States are part of it we are in the self-assessment process we started this in February of 2023 just a couple of months back they gave you three years to come into compliance with everything there are over 500 accreditation points that we have to satisfy within those 500 points uh for example I can pull out one point it could have 15 to 20 other points to satisfy that one point so there's 500 items we got to look at but in reality it's well over well over two three thousand points that we have to hit but the big thing is the policy we have to revise them they make suggestions uh we are part of the Rocky Mountain accredited Network uh they are based out of Denver But it includes Denver New Mexico and a little bit of Arizona so we have people to turn to to get any type of questions answered or better practice uh questions that we have in certain policies they can help us with it or even how to get accredited through the Kalia process so other than that that's going to be the end of my presentation right here I will turn it back to you mayor project thank you sergeant and yes councilor binkelball thank you so much for your presentation I do I have a couple of questions um thank you for circling back to Kalia because I had missed that originally when you said it earlier so who are for this accreditation process who sets their standards then are they going off of like Federal government like what who sets their standards the Kalia board mayor Pro tem counselor they are a breast a best practices uh collection center so they collect their information federally State and from other local law enforcement agents and their standards will meet federal state or local okay and you said this happens every three years no right now we are in the self-assessment we have three years to come into compliance once we come into compliance they're going to come down and do an audit if uh when we get approved then it's yearly they will pick 10 to 20 percent of whatever they decide and we have to show them that we're still in compliance with them and then on the fourth year so it's every four years after we get the accreditation they come in and do a full accreditation look have we ever not been accredited we were accredited with the municipal league but we've never been accredited with an agency this month oh so you saw this out yes uh the previous Chief Miguel Dominguez sought it out okay great that's really good to know thank you um I didn't I was not aware of that in the revisions that you spoke about you did mention use of force and given that we've been talking a lot about use of four standard that is one of the revisions that you'll be looking into yes that is almost almost yearly almost monthly every time case law comes out okay and that's going to be a big part of building the use of course quadrant especially with the knowledge base and then the other one I I wasn't sure if I saw it on the list was around data and transparency on the both on the collection of demographic data arrest data use of force data and then on the other side of that how then you make that transparent to the public are there policies around that that you'll be revising yes yes there is every year Internal Affairs puts out their annual report it has all the information they're really they're legally able to collect inside that report and it does have uh race it does have information on it to answer your question I I don't know if maybe it's up now but I remember this being a complaint that a constituent had recently that this years or last years hadn't been made public yet the number of complaints the report the Ia report is uh published usually in March and this year we went through a change from LCPD officers my office being in charge of the website to the city being the website and some of the stuff fell off um and it reverted back to an old website so we didn't realize it for about a month and a half two months okay that it wasn't public given that this uh Kalia accreditation process is fairly new for the Department I am wondering if there's an opportunity for public engagement to be included as you move through this process is that part of the conversation at all yeah there is actually going to be a link on our website for public comments okay and that is required by Kalia okay and it goes to Kalia first they review it and then they send a report back to the chief of police okay thank you and I can talk to city manager peely and Chief story about this but I I think given this this new process I think it's a very good opportunity for more public engagement besides what they're sort of requiring right which is online perhaps doing more town halls and things like that as you move through this process I think would be really helpful um those are all my questions mayor thank you thank you counselor bencom counselor Flores thank you madam chair and thank you so much for the presentation um Kalia what does that stand for again the mission on the accreditation of law enforcement agents and the makeup is consists of several former Chiefs former uh a lot of top brats is out there from different countries different states and they make up the board so you mentioned Canada I think in here and so um are there are there any um safe law professors or social scientists or any other any other I should say professions for lack of a better word that might have an input as to um how to set standards mayor Pro tem to the council counselor Flores yes this commissioner's board and the Kalia advisement group consists of attorneys civilians former law enforcement former fire uh people former public safety officers emergency office management Personnel you name it they have it somewhere on their input board psychologists mental health people all of that and well it sounds like a huge board so how big is this organization this commission is it international well it's International but um does it meet in the U.S and Canada and other countries and how often do they meet and it's a commission comprised of a board or is it a commission well I don't know can you explain that yeah mayor broke down city council councilor Flores the commission is very large it is international they meet anywhere from three to four times a year are the conferences for the actual police departments that are in it they provide accreditation managers accreditation officers with the training there at the conferences and so forth the actual Kalia offices are open 365 days a year and they meet through Zoom uh whenever whenever the the need arises or uh there's full staff members I do not have the exact numbers uh we're so new to this that we're just trying to get behind what it what is needed for proofs but they're very large uh we went to the conference in Oklahoma City a couple of months ago and they had 40 Commissioners on hand looking over people that had submitted for accreditation they have different teams the East Coast West Coast Midwest uh Northwest they have several different areas that are located but within our region they have at least five commissions and where is the location of the commission is it a building somewhere or is it how what's the organization like at the commission I mean you you said there's people from all over but um where are they where are they located okay mayor protem counselor the regional managers uh for instance ours lives out of California so he's responsible for for the West Coast you could say on that they have others that live in Texas they live Utah they live in Maine uh in Florida and they're responsible for their region they report to a commission Board of four or five for that area and then the actual Kalia office I forgot their address but they do have a physical building uh where everybody comes in to meet I mean like I said it's a full-time job would you be able to give us that information or somehow get it to us I'm just curious about the structure and the the organization um because it sounds as if um if it sounds like a good organization and I just want to know if it's really covering I'm sure I hope that is definitely I'd like to see I'd like to see some of their writing some of their papers and so if you could send us whatever you're able to I'd appreciate it perhaps to the city manager or to our legal office and they can distribute it to us however whatever is easier for you thank you very much thank you thank you counselor Flores um Sergeant or Lieutenant sorry I knew I would get it messed up sorry Lieutenant gutarres I was um I'm excited about this Kalia certification I've done some research and I've talked to a few organizations that have participated is there anybody in the state of New Mexico that is Kalia certified uh yes New Mexico State Police and currently uh hubs currently OBS and Roswell doniana County Sheriff's Office is up for it they'll be at the next conference which will be in Washington the state of Washington uh sometime in November it's good so can you explain what the outcomes what sort of it's obviously the gold standard right but what will we get from it I'm thinking training you've mentioned legal kind of a legal perspective of nationally and internationally but what what are you looking to gain from this once again we'd like to be known as the gold standard here in New Mexico for the police department we are going to have access to National Best Practices we're going to have access to better Trend identification and other people might already be experiencing the trend so we're going to get all that experience from us I can't go too much into detail on the legal side of things but it'll it'll reduce our liability because we are doing certain things thank you for saying that because I think that's important and I would say and what I've heard is that reduces like the excessive use of force um in in a lot of cases yes um there is too much to go into what they're going to reduce our liability in so I'm just going to leave it as a blanket statement it's going to reduce our liability and improve our transparency and the way we do business it's good yeah I know I'm really excited that you are embarking on this it'll be a huge lift but I I think an exciting one and so I appreciate it Lieutenant for mentioning it and going over and I I think it'd be great to put something together and send over to ifo about it I appreciate that thank you thank you and and I would agree with counselor binkelma I think having a more public participation that that also sir Mr barunda I'm going to ask you not to approach the dice like that if you have something please give it to our clerk it's highly inappropriate because I heard what you told her and it's inappropriate at this point I'm asking you to not not to not Chief story can you please escort him out of the out of the room please I'm not going to tolerate this kind of behavior thank you Chief story everybody were there any other questions before I don't think there is any for this particular presentation is there any from for this particular agenda item do we have any public comment I would give you three minutes I still have uh the last portion of it I'm sorry Chief story yes absolutely please proceed just to clarify on Kalia I was informed there's a 21 person board 11 of them are former law enforcement the rest are from various professions and they're based out of Washington DC but we'll send some additional information DC DC thank you two story for the use of force review process my goal here is to provide kind of what the process is as it exists today I can say that two years ago I think we had a good process we have a better process today and a large part because of Oar recommendation and inputs as uh made it a more thorough process it has more redundancy built into it um so this is what happens when a use of force occurs the first thing that happens is they're required to get medical attention uh take photographs and supervisors notified and reports to the scene a blue team use of force report is completed and that's separate from the incident report the what we would normally call a report this is also true for a showa force although medical attention is not required for a show of force unless there's something else going on where they require medical attention once that use of force occurs the first there's gonna be two uh a minimum of two significant uh reviews the first occurs from the sergeant the first line supervisor they're going to pull all the reports all the photographs watch all the videos related to the use of force they're going to make a determination of one of several things the first thing is if there are no concerns the sergeant then sends it to the lieutenant for an additional review it could be that the use of force was reasonable but there are minor issues of performance issues so they'll complete a deficiencies address memo and then they'll still route it to the lieutenant to make sure the Lieutenant's aware of everything before those things are addressed and there are concerns about the reasonable bonus of the use of force or other significant issues the sergeant will complete a review request memo and they'll forward it to the lieutenant who then forwards it to internal affairs so basically this entire process then repeats with the lieutenant so the lieutenant starts from scratch they pull all the reports the videos the photos and they do their own review if they determine that there's no concerns and they forward it to eye for documentation if even if the sergeant board it without any concerns the lieutenant might get it and see that there's performance issues that they want to address um so they'll complete the deficiencies address memo and Route it to Internal Affairs and then we'll address that with the officer the last thing is if there are concerns about the reasonableness of the force or other significant issues then the lieutenant can then do the request review memo and forward it or assignment to the use of fourth review quadrant so just to back up now recap at each level of review about the sergeant and the lieutenant there's four potential outcomes for any use of force the first one is that the forces deem reasonable with no notable performance issues and then it's forwarded for documentation the second is that the force was reasonable but there are minor issues that need to be addressed this could be a report that just needs some additional work it's not a bad report but they could use some additional um training or a performance review with the supervisor and in these cases a deficiency adjustment was completed for documentation and then it's addressed what the officer included in the file in IA Pro the use of force was reasonable but there are more significant performance issues and so then a supervisory matter can be completed that's kind of a level up from the deficiency memo but not quite to the uh the level of an internal investigation and then if the reasonableness of the force is questioned it's referred to IA and it's assigned to the use of force review country and there's a memo that a standardized memo that's used to document that and then backing up to the use of force I'm sorry the deficiencies address memo there's four things we're looking at when we do that these are for minor performance issues but we either do an overall sit down with the officer and the sergeant will go through the incident with them they'll look at specific general orders that maybe they need a refresh for the officer to look at any laws statutes or ordinances or case law that's involved or they could do a formal training request that they can address whatever issue they saw that needed to be addressed if a use of force is referred to the Cadre three members do a thorough review so it's a panel review they all look at the use of force independently all the videos reports they look at case on and they come together after reviewing it individually and they discuss it one member wraps up a report and the other two either concur or descent from that report if the use of force is deemed unreasonable or out of policy then it generates an internal investigation and that's where you'll have findings on specific policy violations in the internal investigation kind of went through it fast but I'll leave this up here as I stand for questions from that part that QR code takes people to our transparency page we've been working on it still always going to be a work in progress but it's come a long way in the last six months and there's a lot of information on there we're trying to make it more user friendly to find it but there's no lack of information on the transparency page at this point we'll stand for questions thank you Chief story any questions for Chief story oh they're they're very quickly trying to get on the QR code hopefully it's still working oh Chief story I wanted to go back on slide 26 if we don't have questions sure um slide 26 could you talk to me about the division deficiency memo I can't say that very much deficiency memo what is it address is it like a standard document that you kind of form-filled okay can you it is a standardized document so it'll have a case number The Blue Team the use of force number Who's involved the sergeant that's referringer to Lieutenant and it'll have check boxes with one of these four things and it could be more than one so it will kind of lay out what the issue was so if it was report writing um it will say report writing and how they're going to address it and so it's just really it's documentation for things that were already occurring but it's to prove that we actually are doing these things it's kind of a check system for the supervisor and then I I has it so they know it's Associated to this use of force and they know what was done to address the issues again these are fairly minor issues but we want to address those before they become bigger issues so this could be say for example myself there's something there I'm I called you we moved through the Ia process there's some deficiencies and if I say ibrah you could get a copy of that deficiency memo with all the specifics this will be part of their personnel file so generally it's not personal but it will go into I file but we have it more documented okay okay all right any Yes concert binkelma thank you mayor Pro tem and I just want to thank you as well thank you um thank you all Chief I I'm sorry I was a little bit distracted at first but did I don't think you went super into depth about the Cadre right can you talk a little bit more about that I know that there's a piece in the oir report that we might hear about later that you added additional members I think a total 16 now can you just talk about like the selection of those officers will they be in rotation just a little bit more about your thinking behind the country mayor Pro 10 councilor Ben Cuomo uh the Cadre we had 16 people that went through that two-week let's see Law Enforcement Training Center the Cadre is at I believe eight members now okay um we are also doing Apprentice members that are not young officers but younger officers so that we can get them the experience before they're they're actually writing a report so with eight members any given use of force that goes to reviews assigned to three of them and that allows it to not be overly burdensome um the the members are mixed so it's not the same three people all the time and they all have extensive training now they have varying levels of training some of them have you know 10 plus use of Forbes significant use of force review classes or investigation classes or instructor classes but all of them have a baseline of use of force review or instructor training as well as a lot of human performance issues knowledge in the law search and seizure specifically and so and they're also vetted based on their own performance of course as an officer so any given three get an assignment they review that independently and then they come together and one of them will write the report for that you support them they'll rotate who actually writes the report interesting what if there's this agreement amongst the three if there's disagreements so obviously two if two concur then that's the the finding um the third person can dissent and they can provide a memo of why they disagree and that would be included But ultimately if it's majority so two out of three okay that's helpful thanks thanks chief thank you councilman coma anybody else on the dice okay I will take public comments specific to Chief story and Lieutenant gut that was presentation anybody yes Mr Goodwin please make your way down I'll give you three minutes good afternoon mayor Pro tem and counselors uh I am for the record Peter Goodman and I'll be brief uh mostly I think that was a great report I want to highlight and amplify a couple of points they made one is Kalia which I've done a little research on too having talked extensively with the sheriff Kim Stewart about it and recognized I'm glad your question elicited that there really are only a couple of other entities in the whole state of New Mexico that are part of it it requires a whole heightened level of Consciousness and care and it is the gold standard and it's to their credit that they are gone for the gold they mentioned transparency I want to commend them on one point that I see as a journalist which is that while the sheriff's department has been very good about you know if there's an officer-involved shooting Kim Stewart calls you all in all the press and shows what video there is and says here's what we know at this point I won't speculate on other things and maybe some of what I say will proven wrong but here's what we know right now whereas the LCPD has said basically go pound sand we're doing an investigation uh no we can't give you any videos and the last couple of times there's been a shooting these folks have acted as as Sheriff Kim Stewart did and I think that's to their credit I hope it continues when there's not when there's a case that's not such a slam dunk that the police were so clearly right and I think it will I'm impressed so far with interim Chief's story and his approach to training I think is good I do hope they move dealing with mentally impaired up from every two years to every year because that's a big part of their weekly diet and I want to add briefly that the one thing that's still missing is real public input okay they're doing a great they're improving things Orr is making a material contribution to that uh but we still need serious public input that will bring in more complaints than the system as it now stands will get because people don't won't be as braid um it will identify problems and situations that may not come up through the normal process it will also reassure the public more about the police and help the police communicate with the public that goes both ways so I still urge you to take that idea seriously thank you thank you Mr Goodman yes hi Reverend Caroline one more Carolyn how are you good afternoon mayor Pro tem and council members I appreciate the opportunity to be here this afternoon and uh Mr Goodman stole a lot of what I was going to say did you state your name for the record oh yes my name is Reverend Carolyn Wilkins I'm a minister of inspirational Ministries here in Las Cruces and a part of a New Mexico Cafe but I'm standing here as a citizen and I appreciate the report that was given I see greater opportunities with the processes that are going to be put in and my question well it's a compliment for all the things that are being done it sounds like a lot of things have been taken into consideration but I also encourage there to be public input and be happy to help make that happen but the other thing is something I hate to bring up but around the country there continue to be shootings and there was one yesterday and my question to our leadership here is whether we have active shooter training involved in the process I didn't see that come up in the processes that were discussed I hope we don't have to use that but I'd like to know whether that's part of our program thank you thank you Reverend Carolyn Chief story thank you man yes if I uh I'm not gonna go all the way back internally we do active shooter training uh at least every two years for the officers but we also offer it for private uh businesses or organizations churches so they can contact us and we can set up training for our citizens as well thank you Chief story anybody else okay seeing none and I think our next is 3.2 fourth semi-annual police audit report presented by the Ori group Viola hello Miss perea good afternoon mayor Pro tem win counselors my name is Viola perea City auditor and today we have two members of the oir group with us to present their fourth semi-annual report I'd like to introduce excuse me report here there we go I'd like to introduce now Teresa magula and Stephen Connolly good afternoon welcome we're very glad that you're here in person that you made the trick isn't are you from here you're not are you right no California yes that's what I thought so good afternoon uh are we gonna be do you want to be down to where are we gonna okay you're making you're making me nervous there so good afternoon mayor Pro tem and members of the council my name is Stephen Connolly on behalf of oir group and I'm here with my bashful colleague Teresa actually uh the last time we were in town was in February and Teresa was in charge by herself I actually contracted covet just a few days before we were scheduled to be out here so she said that she would be able to handle it which was not wonderful my self-esteem but she did a great job and I'm already feeling uh better than I did in February so whatever happens from here is all is all gravy and I also just want to say that the the structure of today I think is is working out well because this is the first time that we've had a presentation from the police department prior to our report uh I could absolutely sense the relevance of a lot of the things that that Chief story and Lieutenant Gutierrez were going through in terms of the the meat and potatoes of our concerns uh and certainly a lot of the things that we will be covering in our presentation are our reinforcements there we certainly Teresa and I won't look at each other like what is this guy talking about this is not our experience at all we have actually had a very positive sense of the Department's responsiveness and receptivity under Chief Dominguez and and uh with with interim Chief story as well and and we certainly hope it continues but all the things that have been accomplished in the in the last couple years are certainly very encouraging to us in in a number of ways because we think the department is making important progress and if we have played a role in that that obviously that that's very satisfying in its own way as well so we're happy to be here and next slide please good thing Teresa's here uh so just to refresh people's recollection about us and who we are we are a california-based outfit um there is a team of primarily three of us that are focused on Las Cruces issues it's Theresa myself and Michael chinaco who's sort of the founder of oir group and he certainly sends his regards he's traveling with another project this week uh we have been doing this kind of work uh in in some different contexts for for some of us for up to 20 years now and we are not police people ourselves we are not former police officers uh we come at this from a variety of different perspectives but we have developed some expertise in what we call police practices because the only thing that we do is focus on different issues of of law enforcement policy and practice and independent auditing of different aspects of policing so we have different relationships with the different cities and counties and places that we work and the model in Las Cruces is is a unique one for us in some ways but that the opportunity to look at and and provide public transparency with regard to every citizen complaint that that falls within our scope of work is is a different thing that we don't have in other places and I think it is an important element of of transparency and assign if the city's commitment to to oversight that is Meaningful and hopefully useful to the public as well so we have had an affiliation with Las Cruces since May of 2021 and so this is our fourth time uh being here with you uh to to report in person whoops yeah too excited there we go um so in terms of the actual audit so the way our contract is set up we come twice a year to talk about a particular published report we we publish reports for the public twice a year and we come to speak about that and those that the the substance of those reports uh relate to cases as as the slide says that fall within a particular time window so it's it's cases that were completed by the Las Cruces Police Department investigations that were completed during this time period and by the time we get them the cases are done the the conclusions have been reached and and our role is is to assess those completed pieces of work and and in an effort to provide transparency and and maybe some recommendations about best practices for going forward we're there to look at what's been done to provide information to the public about the allegations about the Department's response to the allegations about the outcomes of the cases so people can see what the decisions were and we share our views of whether those decisions were appropriate based on our understanding of the available evidence and and the policies that were applicable so our our transparency is is a big part of what we're trying to accomplish but as as was I think reflected very very gratifyingly in the in the police department presentation that preceded us this afternoon a lot of what we're trying to do is offer recommendations to say hey are there are ways we're seeing things in this these actual complaints that people have these actual incidents the department is involved in and we have some some ideas or insights based on these actual events about potential changes that could be made to improve your your systems in one way or another and so uh Teresa will be talking about some of the substance of that but the recommendations that accompany our reports I think are a key part of our role here and then one of our functions is to report on demographics when we get started there was a concern about saying hey can we take some of the information that is gleanable from from these events and see if there are any meaningful conclusions to be drawn with regard to some of the the issues that I think are very important around the country uh and certainly in Las Cruces as well as far as as potential bias and policing disproportionalities in who's who's frustrated with the police and why and so there are some demographics that we provide with each one of our reports as well and I'm going to turn it over to Teresa to talk about some of the the specifics of this most recent report and then we're going to take a step back and talk about the the kind of the overall two-year um summary of of our experience here and as I say a lot of it will be reinforcement of things that you've already heard this afternoon so Teresa take it away thanks Steve Theresa magula for the record mayor Pro tem and and counselor is really just honored to be here again today I love seeing you all again so thank you for having us as Steve mentioned part of the work is the explicit cases that we received in this period so I'll go over some of the details of those um before we take that step back and look at the two-year perspective which I think is probably the most interesting piece of what we will speak about today but certainly every complaint is important in its own unique way and so in this particular audit we looked at 10 cases that were completed in the period there were eight formal citizen complaints so these would be complaints that are coming in from the members of the public who have had an experience with the Las Cruces Police Department that was less than satisfactory and that might range from something like a code of conduct allegation the officer was discourteous for example I didn't feel that the officer was listening to me when I was explaining my situation and so forth two of these cases involved use of force-related allegations and so as we've mentioned in the past and as Chief story mentioned we do not regularly review the Department's uses of force except when they are the subject of a complaint investigation so in this particular sample we had two cases that involved use use of force-related allegations and then we had in this period and this is the first time we've experienced this in your City one case that involved an allegation of racial bias this case revolved around a traffic stop in which the complainant believed that he was targeted specifically because of his race the investigation found that there were no um there was no evidence to support that particular allegation that there was no racial bias or motivation of a race-based nature I'm from the officer's perspective and when we reviewed this you know we really take these um as an important piece of an important component of the complaint system because these are particularly important for us to be looking at what we noted with this is that the department did a really commendable job in investigating the investigation the the allegations they looked at kind of the whole scope of the traffic stop to see what the circumstances were what could have explained the traffic stop if not race bias and provided what we thought was a very comprehensive letter to the complainant which included and this is unique an apology for the way that the complainant was made to feel as a result of that traffic stop now I say That's Unique because it's something that we are recommending in other jurisdictions an apology can go a long way even if you are looking at the at the Department's policies and the actions of a particular officer and finding them to be within policy and within reason that person is left to feel a certain way and we felt that the apology was appropriate in this case we also felt that there is opportunity in these cases to perhaps go a step further you heard Chief's story mention and and Lieutenant Gutierrez mentioned the alternate complaint resolution process and we felt that perhaps this was a case that would have been appropriate for that have that individual should he feel comfortable come in and speak about the experience come in maybe view body worn camera footage and have that kind of mediation and engagement with the Department that could help to satisfy some of the concerns I'm not saying that the complainant should have felt any other way than he felt but some of these steps can can go a long way to repairing that damaged relationship we also then saw two internal investigation cases so these are cases that the department itself identified as being problematic issues that were raised internally both of those were code of conduct allegations okay so those were things for example one particular incident in which uh Cadet was engaged in some unfortunate Behavior related to some off-duty behavior and that was brought to the attention of the department the department handled it so out of these 10 cases we saw 20 allegations right so every case might have a number of different issues that are being identified and of those the majority of them as you see there 12 were exonerated that means that the department found that the action as alleged did occur but was within Department policy procedure and practices six of them were sustained which means that the behavior did occur and was found to be outside of Department policy practices or procedures and two of them were unfounded which means that the allegations as they were told were bound to be not true or had not happened in the way that they were articulated and as we said at the outset we found that those were appropriate findings based on the evidence that we reviewed as well as Steve mentioned we like to report out to you on demographics really what we're looking for are there any Trends in these in these different statistics that might indicate to us that you know it's a particular area that's being targeted or that have complaints about the way that they are being treated by police are there particular races that we're seeing or having a disproportionate amount of complaints filed are there perhaps any indicators that the officer's race is in an indication of how that officer May treat a particular complainant of a certain race and overall as we're looking at demographics over the course of two years collectively we haven't identified any trends that would have us be concerned in a statistically significant way that things are going sideways in a way that we're concerned about that race bias as I said was the only allegation of its kind in two years I mean we're not seeing any trends that would indicate that that's something that should be on our radar although certainly we continue to look for those we had 15 LCPD employees in this time frame you can see there they range one of them as I mentioned was the cadet and we had two non-sworn employees in this period as well the officer race again you can see hispanic white and Asian across the board and as I mentioned the data does not suggest any pattern of practice or bias with relation to the race of the officer and the citizen as I mentioned as well those six sustained allegations the outcome of those was some form of verbal reprimand and that was accompanied by a directed training so we heard today very appropriate to hear that presentation by Chief story around all the types of training that are occurring um directed training is one of those categories so aside from all of the training that the officer is receiving on a regular basis that's required by the state and Beyond this partic a particular officer may be directed to a specific type of training so you have issues and deficiencies in report writing we're going to train you specifically officer on report writing skills yeah so they match those two up one of the things we've been most gratified about is that in some of these cases by the time we see them they're closed they're complete the findings have been issued whatever appropriate action has been taken and sometimes we are looking at that and saying yeah that was appropriate and you could have done a little bit further another step to have some retroactive debrief of an incident perhaps the officer wasn't directed to training because it was found to be within policy but maybe we flag that and we provide that officer a little one-on-one counseling or training and to its Credit in each of the cases that we recommended that the department has assured us that they have done that type of retroactive debrief or training for our suggestions so we're encouraged by that level of commitment even if the finding is not sustained and then finally we had two employees that resigned of those named employees it was for unrelated matters but the employees are no longer with the Department and finally just demographics on the complaint side you can see there they're from throughout your city some of them are from out of the area two of them are Anonymous are to know where they're from and again similarly the civilian race of the individual who's calling or complaining again with the anonymous complainants we do not have a way of tracking that back to C thank you Teresa so uh the the second part of our presentation really is to to touch on or reinforce some of the ideas that have already been shared about our interactions with the department and and our efforts to improve practices on a going forward basis uh as a result of some of the completed materials that we've been able to have access to and our uh impressions are very positive in in this regard I was actually talking to Mr janako at the end of last week before we came out here and he said this is certainly one of the clients that we have that we have seen the most concrete examples of a police department saying thank you for the idea we'll we're going to accept and then they actually follow through and do something about it which is great rather than just nodding and smiling and then it's kind of business as usual I think that this department really has engaged at the nuts and bolts level to try to say we'll give that a try we like that idea and and hopefully they have felt like it's helped the process but it's been it's been great for us to see and so the our idea I mean there's been some talk about Kalia and the whole accreditation process I know that's a very big step for for this agency and it was clear that that your Council had a lot of interest in it which is great our our goal has been from the beginning to say hey based on our familiarity with these things and the different agencies we've worked with and the ways that we've seen it that might be different or maybe an enhancement of your internal review processes we've made recommendations with the idea that this department certainly has the potential to be as as effective as any that we work with and that's that's always the backdrop to our our interactions and then this idea of the whole mediation and alternative complaint resolution that's that's a concept that has actually ended up being relevant in a lot of the cases because a lot of the issues that end up being complained about are not the ones that are really headline grabbing and and egregious in terms of their their uh you know terrible officer Behavior or the significance of the the use of force or the the consequences that occur but certainly to the people who were involved in the interactions and who are unhappy with the Department on some level the things that they are complaining about the bad experience they had with the police it matters a lot and one of the things that we notice in a lot of these cases is a lot of times we can absolutely understand where the department was coming from and the officers were just doing their job no policy violation but we also really understand the complainant's point of view and why they were put off by what happened and why they didn't understand or appreciate the way that the department responded a lot of times it comes down to communication and understanding and the whole idea of mediating these things and having a third party just get the the the two sides to talk about it and to understand each other's perspective we think is is sort of beneficial as a concept and just in terms of the actual substance of many of the complaints that we see we think it might be a relevant process for for this community so in terms of of best practices again um we we are pleased to say that when it comes to some of the key issues that we've identified in the investigative process the department has been extremely responsive we're very committed to we review when when we get all the materials we will look at the complaint and and break down the complaint itself so that we are trying to understand and it's certainly if there's been an interview with the clinic we want to know exactly what it is that the complainant was upset about and we want to make sure that the department addresses each one of those issues in in its investigation and response and and not have one slip through the cracks or just focus on the major one or what have you and the department has definitely improved in that regard we're very interested in the value of interviews whether it's with uh actual LCPD Personnel who are involved as Witnesses or or subjects of an investigation um or with with Witnesses and and complainants themselves so that interview process I think the body-worn camera has done a lot in terms of providing conclusive evidence and eliminating the need for some of the interviewing that happened in the past but but there are places where we have flagged it and said hey some follow-up might have been beneficial here or the body camera didn't really capture what this person was concerned about so that's something that we have talked about the department about and again they they have worked to be responsive and obviously the the fundamental um underpinning of all of it is the whole idea that the investigations be fair that they be unbiased that they are objective and so if we see any little glimmers of you know frustration with the complainant or or conclusions that get arrived at just because we're unhappy with the complainant or the complaint has also done something wrong we certainly want to try to emphasize the importance of balance and objectivity and again the department we've been pleased to have the sense that the department is responsive to that when it's appropriate and I'm going to turn it back over to you we like to keep you all guessing as to who's going to do the next slide so Lieutenant Gutierrez provided this amazing list of policies and certainly with Kalia accreditation coming as as Lieutenant guthiodes mentioned there will be a revision and a review of all of the Department's policies um and certainly we find that the complaint process is one way to have that review mechanism triggered right so if in the course of a complaint it's flagged that a policy should be looked at um you know we've seen that both through our recommendations and the Department's receptivity to those that it is triggering that policy review process one of the You Know Chief examples is the policy around working with individuals who are deaf or hard of hearing and that may have gone unnoted for years and years except that there was a complaint filed where the individual was hard of hearing and had a had an unsatisfactory experience and that triggered the department to look at that policy so certainly we see that these are really important features in triggering that feedback loop the department presented a variety of different policy updates we have recommended changes to their use of force policies I've spoken to you in the past some changes around use of the wrap device some changes to the cew or taser policies and then we've looked at some of these post Force processes so what happens after the use of force occurs and how what are the best practices around those so Chief story provided that outline of what happens afterward and we find that that's very responsive it also aligns with best practices that we've seen one thing that I want to know is Chief's story mentioned that it's a supervisor that responds to the scene we find it of particular importance as the as does the department when it's possible to have an uninvolved supervisor responding right now that's not always a possibility given the resource constraints but when it is we certainly want the department to be providing that uninvolved unbiased perspective if you yourself have directed Force it's awfully difficult to review that from an objective perspective the other policy areas again many of them were already listed questions around the domestic dispute or civil standby policies as I mentioned part of hearing use of social media by officers and then of course we saw that amazing list of training that is being developed and given as a response to some of these recommendations and when a depart when the department updates policy it's of course a Paramount importance that the officers receive that right that's one thing to do it you know in your research and development Branch it has to get out to your personnel and the department as you've seen is doing a really commendable job getting that out we have also looked at all of the different positive things that have come out of this so certainly we have a critical eye and we have noted that there are some really positive Trends again as the department presented earlier there is just this continued Improvement in the quality of Investigations and we just learned that there is a new temporary stuff assignment to Internal Affairs to increase that unit by one it will provide more timeliness in the investigations and so that the reviews can happen in a faster way we receive them faster they can be reviewed and and returned back and again that ongoing commitment to training IA Personnel it's a distinctly different type of work than any other type of investigation and so that's specific training is important for those who are assigned to IA the chief talked about and answered some questions around the deficiencies noted memo we think it's a fantastic process we recommend that the department use that for more than just uses of force so certainly if there is a deficiency noted in any type of performance particularly around complaints we would like to see that used even if the department is doing training is doing debriefs if it's not documented somewhere I just have to take your word for it and we're really big on evidence and documenting so that deficiency noted memo is a huge bonus to have that documented and be able to look at it not only from a pers from a department-wide level but from a risk management and liability level right you can look back and see what was this officer trained on debriefed on from their personnel file and then of course again responsive department-wide training whole laundry list provided by Chief story which we're really pleased to see back to steam okay this is the last switch I promise so just a couple more slides I think a lot of the news is is very favorable uh as as I hope that you have gleaned from from our presentation on top of the departments at the same time obviously with any entity any organization doing the kind of complicated work that the department is doing uh there's there's certainly room for continuous Improvement in that full idea of how how can we make our processes be even more effective and in terms of some things that we have flagged in the past and that we're going to continue to to keep an eye on one of them has to do with the timeliness with which investigations are completed that's a significant issue for us in terms of our sense that that if if you're a complainant the notion that the department is taking it seriously and is addressing issues in a timely legitimate fashion is going to turn in part on how quickly the department gets back to you and and um is responsive in terms of of what their own process has been similarly if an officer's conduct needs to be reviewed needs to be corrected needs to be addressed taking care of that in you know two or three months instead of nine or ten months I think has value for a lot of obvious reasons as well so to be clear we haven't come across situations where the department has has missed the statute like they've lost out on the opportunity to complete a case or to discipline somebody because they took too long but at the same time we've seen a number of instances where we look at the the incident the complexity of it like why did it take you know four or five months for this to get started in the first place and why you know why is there a way that we could improve some of the The Arc of these things so it's a little bit more efficient in the department I think I we spoke with Chief story about that uh within the last couple of weeks and and he sort of um recommitted to sort of recognizing that as a concept and something that that he is obviously interested in addressing as well and then the whole idea of the disciplinary Matrix one of the things that we've noted in the past is there have been instances where we were surprised that the relatively lenient outcomes for for cases that the conduct seems fairly significant to us but uh that the consequence was relatively minor in our views so the department has committed to developing a matrix where they're going to have a baseline of of outcomes for certain kinds of policy violations it's good for the officers to know what the standards are and hey this is the this is what happens this is how seriously we take this policy and it's going to help promote some consistency from face to case which is it's been an ongoing project In fairness to the department it takes a lot of effort to build one of these and to coordinate with the association and the lawyers and to make sure that you're doing something that makes sense but we will continue to to keep an eye on that as it evolves and last but not least we've already alluded to the whole idea of alternative complaint resolution as an Avenue that seems to make sense to us for a lot of the individual disputes that that have come across our desks in the time that we've been here and it's something that we hope the city will will continue to consider and as far as this this is the last slide I promise uh we are continuing to follow um in in terms of the thoroughness of the Ia process and we've touched on this already uh there have been big strides made in terms of of um adding to the evidence collection process and also to some of the explanations there are things that that made sense to us when we called and asked and said you know why did this come out the way it did I don't get it and then there was some missing pieces that were known to the department obviously and influenced the decision making but weren't necessarily clear from the memo didn't provide a very effective record of the Department's own thoughtfulness and and and the the validity or the rationale behind the decisions that got made so they're print loading a lot more of that stuff and relying Less on you know common knowledge that isn't common to us and that didn't necessarily explain or Justify some of the outcomes and then the whole whole idea of IA Staffing is something that we've already talked about continuous training on on the effectiveness of Investigations and the intake process and all those key components so that the community has a belief in The credibility of the of the process those are are all things that are ongoing and that I think are again continue to be worthy of attention and we're very enthusiastic about the Force review Cadre that's how we first had the opportunity to meet uh interim Chief story I think was last year when when he was kind of put in charge of developing that I think it's something that he cares a lot about and I think it will pay some real dividends that emphasis will pay dividends because it's such an important part of the Department's functions so that is all that we have but obviously we welcome any questions from you and thank you for your attention much concert Florida thank you madam chair and thank you for your presentation how do you uh how is it that you go through these cases these situations uh do you have a do you have a menu to pick from uh do you meet with uh with uh say Chief story how is it that you select the cases that you review or do you select them or are they hand it to you yeah so um thank you mayor Pro tem and counselor for the for the question we have a particular scope of work for this engagement and so we receive every closed complaint that rises to the level of a category One external complaint those are complaints that are received from members of the public to the department that rise to a level where misconduct might have occurred and for purposes of transparency and that's why I'm asking these questions um how do you know that there aren't any others with all due respect to the department but I just want to get that out because we have members of the public present we have the Press covering this and it's very important for all of us to know how it is that these uh you know to make sure that you have but that there is transparency yeah thank you mayor Pro tem counselor so we are comparing to the department statistics related to the internal affairs annual report that Lieutenant Gutierrez mentioned aside from the demographics and the statistics that the department is providing we're not going in and looking through files or listening to voicemails and but we have the Assurance of having worked in this type of Engagement both here and in other jurisdictions that those are being sent to us in the appropriate way okay um you know you answered that question very well but there's still questions in my mind about the selection of the files that you receive that you receive the cases you receive um so um there's also you touched on racial profiling and as you know the city of Las Cruces or this area is predominantly Hispanic so do you have race on Race sensitivity training I mean is that something that you recommend because I think that there are times that in my studies you know undergraduate San Francisco and all that sort of stuff in the 60s and 70s um you know there's there's uh just because you're Hispanic doesn't mean that you're not going to be racist against another Hispanic it's that self-hate that um that is in imbued um and so I was wondering if there's that kind of sensitivity training that you have recommended because our police force is uh predominantly Hispanic and our population here is predominantly Hispanic Latino Mexican Mexican-American Mexicano Spanish you name it but you know everything but Anglo so is there that kind of recommendation that were there any cases that suggested that and that would give rise to that kind of a recommendation mayor pro-time counselor so certainly one of the things that we continue to um look at are those kinds of demographics to see if any of those rise to the surface where we're seeing you know perhaps as we're watching the body worn camera video that there's something that's not quite right with that interaction we have not seen that type of of you know about race on Race as you're mentioning however it's my understanding that through the Department's implicit bias training as well as a variety of their other types of training in that in that same vein that they are looking at those types of biases that an officer may have just inherent to him or herself and how those might have an impact on the way they are treating the people with whom they contact so certainly I think the department is aware of those we have not flagged that as a particular concern or recommendation based on what we've seen in the cases so far with the exception being that race racially motivated traffic stop that we spoke of and so certainly we're keeping an eye on those things we watch the totality of body worn camera footage that's provided so that we can look for those types of nuances and and make certain that if something like that arises that it is appropriately framed and addressed great thank you and [Music] um so um Steve you mentioned you mentioned effective processes how do you know that the processes are effective and and this also goes to the question of the services that you have contracted for they're not as extensive as you have contracted with other cities I think Anaheim is one of them I think it's throughout I don't know definitely throughout California but so how do you measure measure how how do you measure the effective processes the outcomes mayor Pro tem and councilor thank you for the question a lot of it for us comes down to access and and one of the things that we do have in Las Cruces within the parameters of the scope of work that we have is complete access to the relevant materials upon which the department uh makes its decisions when it comes to these complaint investigations so we are able to review all of the relevant body worn camera recordings all of the relevant police reports all of the interviews that the internal affairs investigator may have done or if they're not there we can ask why they're not there and we have the opportunity to interact with members of the of the administration as well to ask follow-up questions if there's an aspect of the case that that we're not that we're not seeing and think that we should be seeing so we have a sense of how a thorough rigorous full-scale complaint investigation should look and all of the different steps that should go into that beginning with the intake interview and the the framing of allegations and then the investigative steps that are taken and then the deliberation and outcome we are able to track all of that through the Department's Case Files that we have access to that you have access to that's a qualifier yes well so and to your point maybe you're absolutely right that on some level you know there's if everybody were in on a conspiracy to keep things from us but you know the department is accountable to other City departments that are in contact with us and a lot of our uh in materials are shared with the city attorney's office and other entities and so if there was something out there that a complainant for example like hey I don't understand why my very serious allegation isn't reflected in any of this and we became aware of that I think it would be very problematic for the department and for the city and and it's a scenario that that people would want to avoid so yes I think there it's it's conceivable that people are keep that things are being kept from us but I think there are so many checks and balances within the city and so much risk associated with that kind of a an intent that I am confident that that's not a problem here okay thank you and then in review of some of the the investigations at your oir group review um they seem to be they seem to be um the ones I've read I've reviewed all of them um are pretty mellow in comparison to some of the stuff we hear and then as far as effective um effective processes does that mean you're going to talk yourself out of a job you're going to be so effective and we're going to live in you know Disneyland here or something or some kind of a la la land mayor Pro teming and counselor thank you for the question we the idea that someday we will have done such a great job of of making recommendations but we really do genuinely apart from whether it's us or somebody else we think they're absolutely is valued to have an independent check on some of these things for two reasons one is for the accountability and objectivity and the transparency of it but two just because a fresh set of eyes is always going to potentially provide added value and insight and and it doesn't have to be an intentional withholding or intentional bias on the part of an agency that they miss things or just don't see it the way the public is seeing it so having those outside participants I think is is always going to have value so do you have um uh how should I phrase it and and this is not in any way to criticize you or to criticize our department but the eyes of the public are upon us and um and there are three people in the room in particular maybe four um who I um I'm not sure that they would be asking these questions but I think they might be or would like to have answers um the the the cases that you receive to review given the size of the city given the size of the police force given the size of the population is it compare comparable relative to other jurisdictions other municipalities um I don't know if you have other cities that have the same characteristics we have here but are they are they representative and like if there if there could be a comparable municipality I don't know if you do any of that so I would I would say two things mayor Pro tem and counselor you you actually um just reminded me of something you had said but earlier that I wanted to respond to as well which is if there is a concern I think you said you made some allusion to things that you are hearing whether it's at meetings or in interactions with individual constituents if people have concerns about the department or about individual incidents that you're hearing about that sound like real wow this is concerning and I wonder what's obviously unless that person is is flagging it and saying I want to make a formal complaint then then that's not going to be the formal investigative process isn't necessarily going to begin so I think one thing I would say to any members of the public that are listening is please do take advantage of the complaint process that the police department has because they are obligated to do a thorough objective investigation and to respond appropriately if there's officer misconduct and we are here to make sure that that process is happening so if there's things that are out there that aren't being reflected in our reports or in the Run of cases that you're coming across that's interesting to me and and concerning potentially so but but again I I would say please use the system and and we'll see what happens from there and then in terms of how Las Cruces compares to other jurisdictions I think obviously it's a one-to-one comparison is is different because there are so many variables that go into it but I would say that there is the the the the cases that we have seen are fairly standard fairly representative in both volume and severity and and the outcomes so I wouldn't say that the city is an outlier in any in any direction certainly not in a concerning Direction great and then um you know we've had some uh cases that are known to the public but I won't use the name of the cases but or of any of the those cases that went public and have gone to trial and um have you um and hopefully we won't see those situations again but um there hasn't been anything truly outlandish in terms of the the cases that you reviewed certainly not the ones I reviewed here so mayor Pro tem and Council I would I would agree with you on that yes yes well I I really hope that your presence and and the work you do with our department uh police department for whom I have a lot to be thankful for um for a lot of reasons but um I just hope that your continued [Music] your continued process your continued processes definitely reveal or help our city help the the residents in our department thank you thank you thank you madam chair thank you cancer Flores cancer bincomo thank you both so much welcome back to Las Cruces and for your work with us I do just have a few questions on the report um I was sort of just very curious right now regarding pretextual stops and data collection on that it's my understanding New Mexico does not have a requirement on vehicle stop and data collection by departments do you know that do you know that chief anybody I don't you don't think so or you don't know right there's no State requirement okay that's what I thought I had found as well um so I'm curious about our intern so maybe there's a question a little bit for you as well Chief but um to me as I read these it's good to know that there's you haven't found a ton of patterns really in any particular place I think maybe the one place is the delays from any complaint to an uh an interview right like that's probably the biggest pattern that I have seen so far um and so that's good but I given this one particular case it just made me start thinking about Perpetual stops and um and how hard is it to do data collection on those kinds of things that's my question I don't know why it made it seem like I had more that's my question thank you mayor Pro tem and counselor so you know we are based in California where there is a requirement to be reporting on those types of demographics related to traffic stops um and the the data is is slowly coming in agencies are just now especially the smaller agencies coming into the need to comply with that and I will be straight with you that it is difficult to know um so certainly some jurisdictions are finding that there are disproportionalities in the way that traffic stops are being conducted there are some agencies that are taking a very proactive stance on that so LAPD for example put out a department-wide policy that requires officers to articulate on their body worn camera exactly the rationale for the Stop prior to doing the Stop and so that there is a clear record that there is you know sufficient cause to conduct that stop um so agencies are are kind of responding in their own ways but it is certainly a difficult type of complaint an allegation to investigate because it kind of you have to go into the mind and the intention of somebody and if that individual is not forthcoming about that intentionality then it's difficult to to find those out of policy and so what we're seeing almost Nationwide is that there is a very low to no sustained rate on allegations of racial bias that's Chief given that there is no State requirement does a department have data collection on vehicle stops mayor Pro tem councilman Cuomo we have shifted in that direction after oir the the uniform traffic citation has blocked by that of course the person has to self-report or you have to make an assumption about their race ethnic or ethnicity and sometimes it's your obvious assumption is probably correct and sometimes it's not in Las Cruces we found that we are fortunate in the sense that we are a very mixed community so I mean there's a lot of even within the department you know my kid my wife's Hispanic my children are they identify as Hispanic so it makes it difficult for accurate reporting but we are doing what we can to move in that direction and part of it is compliance with that person we physically ask them what their ethnicity is as we fill out the traffic stop or the recitation and I guess the other side of that too is even if we were like well we're mandating that we do you know pretextual stop data on the other side of that there's data collection and then data analysis right so if if you're collecting data and it's just sitting there and no one's looking at it so I'm curious so I briefly saw the California rule in state agencies have to report their data to the AG's office and so I'm curious we don't have that here obviously but so then where does the data analysis sort of come in to figure out if there are patterns of racial disparities in pretextual stops mayor pro team councilman I think one important distinction to make between California New Mexico is in New Mexico retexual stops are not legal and so with many other states have to collect this data because they are legal and so they want to make sure there's not a pattern I think even on the federal side there's a push even though they're legal and in the federal system under the fourth amendment to encourage officers not to conduct the technical stops but in New Mexico it's kind of a moot point because if the traffic stop is retextual it is true that it's a free taxable stop it's illegal under the uh Article 2 secretary and the New Mexico Constitution so it makes it a little bit easier where we don't have to necessarily track data on potential stops because if it is truly a protection will stop then there's Niche oh interesting thanks for the additional context Chief okay I'm gonna have some more questions for you on this some other time but I just had quickly done that search and and had found that I did have a question for you all and again maybe chief for you this one as well I've found one recommendation you made really interesting on reviewing body worn camera footage with the complainant and I actually wondered if on one of the cases that would have been appropriate I think you mentioned on one of them but I wondered if on the case of um there was a domestic there was and then the officer fell with the with the young woman and I sort of wondered if that would have been a case that could fit here and if Chief I'm wondering how you're thinking about that recommendation and if you think it's doable we uh we are taking that recommendation as something that we totally agree with I think that's in many times that will be an appropriate resolution where that person will probably get more satisfaction again it's going to be voluntary they've provided oirs provided two sample policies which are way more extensive than I thought they would be because there's a lot of factors that go into it you probably don't think of or I didn't think they'll write off the bat so I want to be thoughtful on how we implement it to make sure we do it correctly but we are moving towards implementing it's just establishing our own policy and luckily we have some models so we don't start from scratch but they're they're a lot longer and more extensive than I thought they would be I bet totally I'm glad to hear you say that because then I know that you respond to some of the recommendations and this one wasn't clear whether you were sort of accepting it or not but I thought it was sort of a great recommendation to sit down with the complainant and I appreciated your frame around sometimes people just want to be heard right sometimes people just want to be on like heard that look I felt this way and and then sitting done with them and reviewing it I think is an appropriate response um and then Chief while you're here so you don't have to sit back down the undisciplinary Matrix I'm wondering where you are on that and I know you have tons of things on your plate but I'm just curious on the timeline yeah mayor protein councilman Como actually meant to present it to them earlier but we had a change in where we met so I've been provided with approximately 6 be paid 60 page draft disciplinary Matrix policy policy I have it uh um going up to New Mexico municipally conference and so it's I'm gonna take it with me so I can do some reading at night but I haven't gone through yet but I do have it in hand finally and uh it's expensive so okay that's a good step in the right group okay thank you so much um and actually I think that's um no I guess my last question was around the one pattern you found and if you have any further recommendations on um on the timeline between complaints made and interviews and mayor Pro tem and counselor so one of the things that we were gratified to see is that interim Chief's story pretty quickly identified that there was there's a need to increase that Staffing so that those timelines can can be shortened and certainly one of the things that is important to do is keep that line of communication with the complainant so we understand that sometimes the Staffing the the level of of work that is ahead of somebody might have you be delayed on that but communicate that to the complainant hey we got it were on it and and it might take us a minute to get to you but we acknowledge that your complaint is of Paramount importance both to you and to us and we want to let you know that it might be delayed so on both sides the department is increasing the Staffing so that those investigations can happen in a more timely way and then sending out those letters when an investigation is going to exceed that window that we think the complainant might be going do they forget do they not care am I not being listened to yeah okay thank you for that I appreciate your context and the last thing I'll say and this is more for um city manager peely was around a couple of us had requested that we expand your scope of your contract and so I just wanted to reiterate that that the specific ask was um for five percent of use of force cases to go to you and then all uses of lethal deadly force to come to to your contract and so I was wondering if you had an update on that so we we do have something to present there were a couple the two things where as you mentioned uh councilman Como uh use of force and then community outreach what we're proposing right now is is the community outreach portion as we take a look further on that use of force um there's some concerns that we we needed to iron out we talked about this in our Public Safety Select Committee there's some concern about um cases that aren't closed and having to review those that aren't closed and pending litigation and then you know it's a three-year you know if we were going to extend it out to three years so that it could be passed the pending limit litigation issues then the question would be would it be too far too far in the future to be effective at all and so those are some things we're still working on with with the use of force I think we felt concerned that it would it would it wouldn't be appropriate right now to bring that forward but what we do have is we have a an agreement ready an amendment ready right now to at least address the the two address the community meetings up to four is what we're proposing two would be at the same time you know we have the the six-month report and so they'd be here anyway so what's written in our proposal is that they'd have a meeting scheduled at the time they come each time and then to it up to two additional so it'd be quarterly meetings okay that's great I on the community engagement piece and I mean now we have a new City attorney welcome um but I do I think I continue I guess I continue to have concerns about the decision making that's happening in public safety select committee given that it's only three City councilors and that we're not able to have that wider conversation with the rest of the council when several of us have sort of said yes we do want to expand their contract and so I while I understand that there's like in the weeds things to figure out I feel like there is a way and I and so I just Contin I will just say that I'll raise the concern that um about the decision making happening in a closed um committee thank you uh councilman Como one one thing we did mention and there's other other ways to provide feedback and input with independent of the contract and outside this particular outside this particular uh yeah outside this contract but other ways to maybe check the boxes there um that doesn't put the city in potential liability or well I mean given that the biggest liability is on use of force and given that the oir contract has already yielded incredible recommendations that the department has already implemented I can only imagine the kind of recommendations they can give on something as heavy as use of force and how we can continue to improve and so but if right now we're only internally doing that um kind of audit you know I think it's it's critical that we have external eyes on on some of these pieces so that's what I say right not not from a punitive sense but from a how can we do better sense and not only protect constituents officers and public dollars thank you councilor bengomo I will say that I met with Linda today and it was on our list to talk about related to Public Safety all the clothes safety select committee meetings the uh oversight and the finance to do her legal review and see that we're within our rights because she's a completely new attorney and I think it's important that we have that done and I was asking for a public safety select committee at that point to be open we did talk about um the the extending the contract with more cases but we are very concerned about liability I think we all need to be particularly that cases that don't have that three-year mark and I you know I'm new to the city so I'm just used to what I've known before but I I just would caution everyone from discussing our Communications in public and the potential waiver of attorney-client privilege well the public knows I've been talking about it outwardly at Council meetings so they know I I wanted to make sure that the public knows I am following through with that item but I understand what you're saying yeah yeah that's because you referenced your conversation with me so that's what gives me concerned oh aren't you going to share I did with that I have a couple of questions I appreciate your presentation and all the work that you've done I'm seeing sort of some patterns from the two years and it's around sort of the recommendations that you have made to Chief and and the department related to sort of those next steps that you could like for example on page 16. um um speaking to the the state versus Ochoa case and sort of the some of the other cases that well if if law enforcement would have taken it the next step maybe a supervisor having communication and understanding and I think that's really what the public wants right is that sort of opportunity to build relationship with our police officers um and and and then hearing from efo about opening it up to hear more from the public and so I I like the idea of of especially around the Kalia certification and not just having a link but really open it up to the public to be more um you know involved in in the presentation and the idea of looking at different policies and what might that look like and I think in talking with Chief story um he has been really open about I don't know if you're aware but they started to do meetings with the public and he's his willingness along with stop to continue those I think are going to be really important the other thing is I wanted for you um or maybe this is for chief you had recommended um sort of that mediation and restorative justice practices and I was interested to hear around the restorative practice component what that might look like in in relation to at least page 15 year page 15 and that particular piece where supervisors would take complaints from the intake maybe take it for a step further can you talk to me about what other jurisdictions are using related to that piece yeah thank you mayor Pro Tem so we work with as you know a variety of different jurisdictions as interim Chief story stated earlier he requested and we sent over some models of these types of programs that we've worked with okay um the one that I think is is most effective that we've seen work is the city of Davis California the way that they are engaging in that restorative justice program is for complaints that are appropriate for the program okay so there's a whole as he mentioned um the the kind of qualifiers of what would make it a case appropriate for that are fairly extensive we certainly don't want to be um diverting cases that could result in some kind of misconduct to a nice conversation instead right but in these cases that are appropriate for that type of restorative justice the city is contracted with an outside mediator who is very experienced in facilitating these conversations and it looks like a number of different things first all parties have to be engaged and receptive to the process so that means both the officer and or supervisor and or Lieutenant sometimes even up to the chief level being willing to sit down for the conversation as well as the complainant being willing to sit down for that conversation and they literally have these around the table very transparent and authentic conversations about how one was made to feel the officer may share his or her intentions training experience maybe own past-based trauma that had him or her react and the way that he or she did these are really extraordinary sessions of just human to human communication and I think that that's the type of program that we would like to see happen here for your city in the cases again that are appropriate for that level of Engagement with the Community member you talked about maybe five cases that it would could have been appropriate to do so so would these be certified mediators that would we would contract with and maybe you have a list of them that could possibly do it or how does that or we have a lit I mean how I I know a couple that mediate but I don't know in these sort of I would say they're very prescribed right very specific um I'm assuming I don't know yeah thank you mayor of time so certainly there are people who specialize in this type of work um and you know the I am I am almost certain that here in New Mexico there are a variety of very qualified individuals to do that work um it would be something that you would decide internally with the Department um as far as Contracting with an individual like that you know that would be something that again we could we could advise but it would be a role that you would take on council with the city manager with the Department as well of course okay thank you and then um I was especially interested in the social media complaint and um the reason I am is because I received countless um um complaints about it that I talked to ifo about and I don't know and this has been over a span of time like maybe over a year maybe the two years I I'm not I I try to be cognizant of the times but I since covet I can't seem to really um yes I'll keep blaming it on covet but have we have we um address that through social media the social media policy specifically maybe this is more for Chief story because I keep seeing it come up and I I feel like it's a piece of the disciplinary point that maybe what you made earlier and that I I really want to own in on mayor Pro tem both the policy was updated for social media use and all training actually verified this the other day all training was could uh was conducted and completed by all officers this year earlier this year okay in response to that okay and then the disciplinary piece um are we going to address that is that how you're going to speak of that particular Matrix of discipline and what that might look like and the training and such can you give me a little more into specifics on that Chief or the discipline for discipline and specifically there's they lays out for each policy violation and appropriate discipline and takes into consideration mitigating and aggravating circumstances as you can imagine that gets complicated that's why it's at 60 pages right now but that would include violations of the social media youth policy okay it says I had you up um standing here um the non-sworn employees and that issue of of laughing and whatnot they're they don't they're not they don't have to wear um cameras so how do you how do we handle that and without right sort of video on that was it just sort of did it amount to he said she said or he said he said whoever brought the complaint up mayor Pro tem for many of our non-smore Personnel do have cameras which is helpful with all of our Animal Control Officers our codes officers and our Police Service aides have them so then it would just be the civilians that fall outside of that our victim's assistant breakfast Personnel Etc normally there is video evidence one way or the other and then the re the written the I think I'm trying to to stick with the sort of overall arching theme around patterns that I'm seeing over time and it continues to be around the written documentation or a lack of documentation specifically can you help me understand how you're moving through changing that and assuring that that there is the proper documentation because I think there's always that backstory and please I mean it with all respect I've been an administrator of many people and that is always a big deal and how back um well we were backlogged hundreds of cases right and it was always impressing upon their employees the importance of documentation and and just so that you get a a just a really good understanding and when you do finally get the backstory it's like okay I understand that so how are we working through that and I'm saying this because I think there's technology and if there needs to be more support around that around resources and such I'm I'm happy to hear that and move through that with you all around budget cycle time I appreciate the question but so there are a couple components documentation I agree with you if it's not documented it happen doesn't matter how great the training was or how many people attended if it's not documented they essentially didn't exist for our instant reports it's always been an issue we want more we want better reports more documentation I think it has to be like a multi-faceted approach to it so obviously if there's a specific issue with a specific officer on a specific incident we address that through a training referral review but in general we've changed our entire reporting structure so we're using a different technology which was approved by Council last year for this budget Year and that I think requires the officers to be more engaged in the entire reporting process we've also done a lot of training as we alluded to again a one one-time report writing class probably does have a positive effect but is not going to drastically change what they do day to day so we're hopeful that we can just make it constant and you know I always say it's like when you have kids if you tell your kids not to do something they're probably going to do it again and probably 10 times after telling them they're probably going to do it again but at some point it generally sinks in and so we're training from different ways we have our Intel analysts talk about the importance of documentation from classifying assigning crimes to detectives reporting to FBI Helm it's important there at The Shift level they're doing it we're bringing in outside companies who specialize and then that police legal advisor that'll be one of their big areas is to really emphasize your poor writing especially when we're documenting a search or a seizure whether it's a use of force or just attaining somebody that's where we see a lack of documentation heard and ultimately it hurts the officer because they're the ones who are going to be questioned and if they've had Reasonable Suspicion to detain them but they didn't put it in the report they didn't articulate It ultimately it's going to make their life harder as well as the department in the city t-shirt thank you I can really appreciate that I I still supervise Social Work intern students and I've noticed sort of the the Gap in the training that's happening from the school to write the internship and so I always talk about you know you might consider a a you know dap or smart method some method that helps you because if you're one that's long-winded you're going to write all sorts of things that may not pertain to the actual incident so I'm assuming that this training has sort of techniques and you know methods that officers and supervisors really could fall fall back on it does our analysts has a framework that they use the blue to Gold has a separate framework that they present so ultimately they have a few different with the new technology there's templates that assist with prompting officers to make sure they're not forgetting critical information I think that's very helpful so when they have that template they they know that they can't leave it blank so either it applies or it doesn't and if it does apply they need to articulate how it applies what the information is thanks and then Chief the Force review Cadre and the blue team are they different or the same they are the blue team is just it's a part of our Internal Affairs software so the blue team is what is the report or the use of force the Cadre is going to look at so that blue team is what the first line supervisor the lieutenant reviews like everybody involved in the process that's just a report that's documenting what happened but really what they're looking at is the incident reports the videos photographs because that's what's going to tell the story of what happened and they're comparing that to The Blue Team you support so they're not just looking at the blue team because that would not be a thorough review so when the Cadre gets it they would look at everything including the blue team but that's just one component of it okay okay thank you for the clarification and then there was a particular case that was um reviewed related to a female Juvenile and and her mother and I'm wondering if there was an opportunity and maybe it happened where light could have been called out to address that and I know there's some um I think there have been some concerns over time about the Child Welfare you being called out for safety checks and those and those things and I know some is questionable here about age and you know the age of the of the female is that something that you would consider or it would have been appropriate in this instant instance if I I have to look at the timelines one I think that probably happened prior to like being active uh oh yeah I don't know yeah I don't know if that's something that currently based on the framework that light would respond to I will say in general that officers are recognizing when there's a use for light where light would be appropriate at a at an encouraging rate and so they're requesting light even if they're not initially dispatched on a wide variety of polls so they are looking for those opportunities based on the parameters that were given to us by fire and the light in that case specifically I don't I don't know it happened before you're right as I looked at the date for sure um Chief I just want to say publicly how much I appreciate your willingness to meet with me and at the openness and transparency I think the public wants that accountability and transparency I love the QR to code getting right you know to that that that information I think is going to be important I'm excited about about where you go from here especially with the Kalia certification I think that's going to be helpful I think it will really help us sort of reduce and mitigate the risk and the litigation and and so appreciate you very much thank you thank you both those are all my questions any other questions how about from I'm sorry yes Teresa thank you mayor Pro tem if I may um because there is some concern counselors around people voicing what they are experiencing with the police department you know certainly filing a formal complaint with the police department would be the the preferred Avenue but I understand that for some people that is just not a reasonable ask and so I would like to highlight your city Ethics Hotline which is a way that individuals should they choose to file a complaint can call that City Ethics Hotline they can be anonymous certainly we would appreciate that um you know if it's within the individuals capacity to provide a name that would help for a more robust investigation certainly but we understand that it might not be feasible for someone to contact the department directly yeah and so I I would really encourage Community if you're listening if you have issues that you wish to bring to use that City Ethics Hotline it has been a source of complaints that we receive and review so thank you Teresa for the reminder and maybe if if I can Viola can you speak to that specifically the number and what the process is I know you've said that um you've talked about that this in other other areas but I think it important to to speak to it now thank you yes to the auditor for the record um my apologies I did not bring the numbers specifically with me however you can locate both the online web portals as well as the telephone numbers in multiple areas on the city website yes we have it in over 30 areas across the website if you just scroll down to the footer of just about every city Department page you will find both 800 numbers for the public website and telephone number as well as the employee excuse me website and telephone number as well as a public website and telephone number all of that information is sent to a third party um facility we'll gather the information whether you do it verbally over the telephone or enter it on the computer yourself they then gather that information create the report and then that report is sent back to the city's hotline committee there's four individuals that that information will go to individually our hotline then determines how to disseminate that information for investigation it does allow the ability to remain anonymous which they have every opportunity to do or they can provide information such as a name an email address or telephone number so we can contact them directly if we have questions however I would like to add if the individual does remain anonymous at the end of the intake process you're able to get a password to enter the system again so you can check back into the status of your complaint that's where we communicate we'll communicate through the system and maybe we have additional requests for information maybe we have some clarification that we're in needing or maybe if the case is sent to say an outside Council for example we would give you that information to contact that person directly so that is our opportunity to communicate with an anonymous individual it remains Anonymous it's only through that email portal that goes from us to that third party and then back to the city there so I would encourage folks to use that opportunity as well and the information again my apologies I don't have the number memorized I have it I got it public hotline 1844-297-5947 employee hotline 1-800-780-9554 thankfully I have my glasses on so I could see it thank you and again you can call it in individually or if you prefer you can enter it over the computer through one of those portal links it all goes to a third party vendor it does not come to any City employee directly again they compile the info nation and then they send us the information that they collect from the complainant thanks finally I appreciate that yes I would like to ask our city manager um to assure that we have Publications in our newspaper but the bulletin probably or online whatever but um but definitely have it known the information go out frequently for the public to know that there is the hotline and the number and it would just be something um you know just just to publicize it and I don't know what the frequency would be but it would be well if it's a bulletin it's once a week and then the um and then it would give the sun use something to print thank you thanks counselor Flores okay any public comment yes please make your way down state your name and you'll have three minutes hi Senora Flores good afternoon city councilors um let's see mayor Pro tem and city manager Keely and chief strong I am Maria Flores and I have been coming since it's been over a year and I see lots of improvement in language in attitude in uh effort thank you for the uh widening of the scope of of uh everything I did look quickly through the oir report and I'm just going to be a little um how would you say repeat some things you know there are situations where more review is beneficial absence of authority review was noteworthy need to enhance officer performance incomplete files develop alternative complaints and resolution process I like the part about the restorative justice just in case you don't know Las Cruces public schools has been using restorative justice to keep the numbers down of expelling students and so this is nothing new it is something that is used widely in many situations especially education um also the inappropriate use of social media I was alarmed by that when I read it reduced investigation time sometimes it takes too long to get back improve codes of conduct and the misuse of body cameras or it's prevalent everywhere uh keeping personal opinions to themselves as they are working a situation and what I thought was missing was lack of professionalism by some of these individuals lack of empathy this is a critical piece um lack of self-control and a lack of understanding poverty sometimes the way that we talk to people that don't understand what's going on that don't have a full capacity that are hungry that are that are upset that are that's where we use de-escalation we find better ways of addressing their needs without yelling at them without using profanity these are the things that troubled me and in the end we still don't have a place for citizen review that is the only piece missing today and however you see fit to include it I Ask of that again and again I will not cease ask so I appreciate your time I appreciate the efforts I appreciate the improvements but we lack that one piece thank you thank you Senora Flores for being here and for your comments anybody else yes Mr Goodman hello again I think I'm still Peter Goodman and uh I share the concern that was expressed about the select committee but won't go into detail now I think the sheer numbers of some of the complaints um point to the problem that people are not using these systems and what we all just said let's publish Something In The Sun News great idea let's put it online great idea at the beginning is meeting somebody who was very interested asked me how he could find out what was in the OR report well it was online but he don't know that he may not have an email from my general kinds of contacts with the community on up at the councilman Cuomo could say the same from home from some of her work other than as a counselor there are and also from what I saw when I was working a bit uh my part-time job in the Municipal Court a lot of the people who might have complaints about the police a lot of people who deal with the police a lot don't have an email um they're not looking online some of them are homeless they have limited access to a computer and probably use that to call home or look for a job or whatever so I think that points up what Miss blores and I and others have been saying about the need for a community outreach arm that it really is community not oir with all due respect having quarterly meetings a committee that people can find members they can speak to and bring something up to and one other piece of that the the whole thing about the uh you know but I'm fully confident that if I had a complaint and I called to you Anonymous hotline that it would be anonymous I trust you but do you think the kind of people who are being mistreated or think they are being mistreated by police feel that way they've heard there are things like caller ID how do they know that caller ID isn't used on that hotline and that the very police officer that they feel harassed them isn't learning their name and coming by their house later on so I think there's a I think we all tend to have less appreciation than we should for the distance between us and some of the people we might be trying to talk to but thank you all thank you Mr Goodman anybody else CNN Council okay sorry buddy I've done this again I forgot to ask oir and city council if it would consider the hybrid model in the next possible next time you work on a contract with them to include citizens that's all thank you Miss Lourdes okay Senora Flores yes yes thank you okay I think we have been yes we have completed our um two items big items thank you very much I need a motion to adjourn so moved Graham second by Flores motion made by concert Graham second by counselor Flores Christine this is on the motion to adjourn the work session counselor abeda is absent councilor Graham yes councilman Como yes counselor Quran is absent counselor Flores yes mayor Pro tem yes and mayor is absent thank you have a good afternoon everybody thank you for being here Christina are we doing agenda setting Christine Christine are we doing agenda setting yes okay just want to make sure okay thank you good afternoon this is the agenda memo setting for September 5th 2023 one non-consent one non-consent two non-consent two non-consent three non-consent three non-consent for non-consent for non-consent five non-consent five non-consent six non-consent six non-consent thank you the the Animal Services Center of 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