Berwyn Police Audit

[Ted]

Here are some links to a public Facebook page about the Police Department Audit that was released in December 2018:

https://www.facebook.com/groups/berwynconnect/permalink/1190124351153031/

https://www.facebook.com/groups/berwynconnect/permalink/1214585988706867/

https://www.facebook.com/groups/berwynconnect/permalink/1193126780852788/



BERWYN POLICE AUDIT

The audit of the Berwyn Police Department by Chicago-based Hillard Heintz states that while the "citizen safety is not an issue," morale – closely tied to "labor management relations" is. The report also identifies data accounting and transparency within the department – the latter specifically in regards to discipline, crime data collection, internal investigations and promotions - as areas facing "challenges."

As it was discussed at a public meeting, the audit is legally a public document.

HH Vice President for Law Enforcement Consulting Robert Boehmer and Chief Legal Counsel Debra Kirby addressed the Dec. 26 Committee of the Whole meeting. Boehmer noted that the audit included more than 100 hours of interviews with the police chief, command staff, officers and civilian staff, the City Council, Fire and Police Commissioners and city officials. They conducted on-site reviews and did ride-alongs as well as collected and analyzed Computer Aided Dispatch (CAD) data.

"At almost every interview I had, and I did most of them, morale and labor management practices came up," Boehmer said. "What I consistently heard without and within the department: The Berwyn PD responds quickly. They are there when you need them. Officers say the same about their coworkers. No matter what they feel about the culture and morale, they are going to be there when you need them to help.

"But something that stood out clearly," Boehmer added. "Labor management practices impact morale and efficiency."

Boehmer and Kirby said they would return in "mid January" to address staffing issues in the BPD. They were unable to address staffing in the 72-page "final draft" of the audit presented Dec. 26 because they were unable to find the data to effectively do so, Kirby said. "We were unable to clarify the difference between a sergeant and a lieutenant, for example," she said.

The following are points made at the Dec. 26 COW and in the audit. Note: The following is not a synopsis of the entire audit. It deals with a portion of the document discussed Dec. 26, primarily related to two of the report's six "key findings":
- Key Finding No. 4: "A challenging management labor environment contributes to significant morale issues."
- Key Finding No. 6: "The Department needs to establish formal communication strategy for both internal and external audiences."

Data collection and recommendations for "data-driven policing," which were also stressed at the meeting, is a separate post. The audit also contains numerous recommendations, which Kirby deemed "tough hitting" at the council's committee meeting.

AUDIT:

"A challenging management labor environment contributes to significant morale issues."

"We have conducted dozens of police assessments. The management labor relations at the BPD are among the more challenging we have observed.

"In the BPD, it is particularly challenging as individuals in supervisory and command roles tasked with the daily direction of officers are also elected union representatives.

"In the BPD, these same supervisors also file and negotiate grievances on behalf of officers that challenge those policies." (43)

"Productive, ongoing management and labor engagement, mediated by a neutral third party if necessary, is required to move the agency forward.

"The significant divisiveness between the collective bargaining agent and management negatively impacts management's ability to help advance the department.

"It also leaves officers, who legally rely upon the collective bargaining agent to represent their interests, in a poor position if their issues cannot be appropriately resolved." (43)

"We observed the impact of lack of timely resolution as it relates to the grievances filed by the collective bargaining agent. Relatively few formal grievances of record exist. Most relate to promotions and management decisions on appointments to positions.

"The positive takeaway from this fact is that is that management appears to administer the collective bargaining effectively as very few of the grievances are about day-to-day operations. The negative takeaway is that grievances tend to languish without resolution." (43)

"While some of the grievances we reviewed are several years old, the issues and controversies attached to them continue." (44)

"Failure to resolve grievances in a timely manner is not conducive to effective and efficient law enforcement operations nor to good employee management relations." (44)

"Communication on the resolution of grievances is limited, thereby leaving some officers to assume outcomes or determine that nothing occurred. " (44)

"As previously noted, many of the grievances indicate one level of resolution, but these agreements have yet to be formally agreed to and put into effect. It is not clear if this is due to the attorneys involved or their city counterparts." (44)

"The grievance records are incomplete. This may be because information rests with the attorneys who negotiate or try the grievances. However, several grievances we reviewed indicated they were resolved, but they have not been closed or the final steps to resolution have not been documented. This presents a challenge for the BPD as interpretation of the collective bargaining agreement is filtered through past policies, including grievance and arbitration decisions. (44)

"We noted that a supervisor filed a significant percentage of the grievances, which is unusual in law enforcement. (I)t should be noted that having a leader on the watch file grievances creates a challenge for command and leadership on the watch." (45)

"There is no dispute that the collective bargaining agent has the right to file grievances. However, having a leader on the watch file grievances on behalf of the unit presents a conflicting message to officers, as it might blur the leadership and union roles during the day-to-day operations of a shift." (44)

KIRBY:
"There are a lot of opportunities for advancement in the organization, but it is unclear how advancement happens. It is not clear how people are promoted. Appointments to specialty positions are not subject to a formal process, as they occur at the discretion of the chief."

AUDIT:

"Throughout the interview process, officers expressed their belief that promotions to specialty assignments are based on factors other than merit. Many claimed such appointments are political. This belied raises speculations about appointee' qualifications, which negatively effects morale." (48)

"Appointments to specialty positions are not subject to a formal process, as they occur at the discretion of the Chief. Transparency is limited regarding the process and the factors that contribute to appointments." (47)

KIRBY:
"No clear protocol exists on how inquiries and informal complaints are conducted and reviewed.
No performance evaluations have occurred since 2015. "

AUDIT:

"No clear protocol exists on how inquiries and informal complaints are conducted and reviewed." (45)

"Officers indicated that performance reviews have not been conducted since 2015." (46)

"Many Berwyn PD officers believe discipline is applied inconsistently." (45)

"The BPD does not routinely communicate its standards and expectations for officer behavior internally or externally." (45)

"No single comprehensive record for internal discipline records exists." (45)

"Since the current chief has been appointed, no internal investigation has been initiated. As a result, we were unable to assess how such an approach might impact transparency and consistency in an internal investigation. " (45)

"The BPD does not receive many formal complaints against its officers.

"Informal complaints and inquiries are...not readily accessible or consistently reviewed.

"Since the current chief has been in place, no formal complaints have been lodged." (45)

"The BPD does not have a disciplinary matrix or a range of allowable penalties based on the actions of an officer.

"While officers have opinions, they are not all informed by facts given the less than transparent nature of internal investigations." (45)

"The BPD made available its files for review, and members of the BPD acknowledged that some records appear to be missing." (46)


COUNCIL QUESTIONS

After the COW presentation, Ald. Jeanine Reardon (3rd) asked about a reference to "use of force." HH reps replied that the policies for use of force were well articulated and followed by members of the BPD, but that such policies were not always clear and/or followed by members of the auxiliary police.

Ald. Jose Ramirez (2nd) asked how recommendations will be implemented and improvement assessed. That process, HH reps said, falls to the city government and the police department.

AUDIT

"The Auxiliary Police Officers are armed, compensated volunteers with limited police powers as they do not have powers of arrest.

"We observed that not all patrol officers understood the function of the Auxiliary." (68)
After the COW presentation, Kirby noted that the audit does not make recommendations about specific cases, such as the sexual harassment lawsuit filed last year against Deputy Chief Joseph Drury. That lawsuit was settled earlier last year for about $135,000. Subsequently, the city's committee on Sexual Harassment presented a list of recommendations including an updated sexual harassment policy to the City Council in October 2018. The recommendations were referred to the City Attorney for review. There is no public record of any such review or further follow-up.



HERE ARE SOME RECOMMENDATIONS CONTAINED IN THE AUDIT OF THE BERWYN POLICE DEPARTMENT

The audit of Berwyn's police department (see posts from January 3, 5 and 7 for additional info) contains numerous recommendations from Chicago-based public safety specialists Hillard-Heintze. This post is about some of these recommendations, primarily those dealing with:

- The department's recording, retrieval and use of information and data
- The Department's communication policies (per the audit, page 54: "minimal ongoing communication regarding what is happening in the organization makes Berwyn notable.")
- The lack of a formal policy outlining the use deadly force use by the Auxiliary Police*
- The BPD's mission statement, which – per the Audit - differs depending on where you're reading it.
- Criminal investigations

Call city hall or your alderperson if you want a copy of the 72-page report. This post is by no means a synopsis of the entire thing. (See table of contents in screenshots.)

Auditors from Hilliard Heintze spoke to the city council Tuesday, Dec. 26. Their presentation did not address staffing. In a memo issued just under 90 minutes before HIllard Heintz began their Dec. 26 presentation, Chief Michael D. Cimaglia said there would be a "slight delay in the Staff Study" due to "some complications regarding the capabilities of recovering the necessary information" as well as with with the department's Computer Aided Dispatch (CAD) report and Capers (case management) systems.

Hilliard Heintze told council members Dec. 26 that they'd be back in "mid-January" to address their findings about staffing at the police department. Hilliard Heintze did not publicly address the council in January. There have been no public updates on the audit's completion.

HH reps stressed Dec. 26 that citizen safety is not impacted by the issues the audit brings up. The audit addresses that as follows (all page 54, see screenshot for full text):

"While officers are committed to improving the department and serving the residents of Berwyn, issues related to poor communications and organizational structure continued to surface in our discussions."

"BPD members expressed strong perceptions of favoritism in promotions and other personnel decisions, which negatively impact morale."

"Officers reported that they policed with a professional approach and that they support each other when a crisis occurs to ensure their own safety and the safety of the residents of Berwyn. However they stated they had little direction and true support to perform the tough work required of them. "

"Most of the issues are centered on communication. We noted discord between management and unit officers in our discussions with department members.

"While this exists to some extent in all police departments, the minimal ongoing communication regarding what is happening in the organization makes Berwyn notable."


RECOMMENDATIONS ABOUT CRIMINAL INVESTIGATIONS:

"Ensure that the Criminal Investigations Unit focuses on using the case assignment criteria outlined in "Department policy." (23)

"Ensure case progression in a timely manner based upon management review of data and engagement. Establish general guidelines for case completion and mandate routine reporting of progress." (23)

Currently: "Detectives reported that they are assigned to investigate cases that have limited probability of being solved...The detectives believe that this process takes away time from addressing solvable cases. Detectives report that their caseloads can become large and limit their ability to focus on more seriously solvable cases when cases that are not solvable are assigned." (18-19)

RECOMMENDATIONS ABOUT AUXILIARY POLICE

"Revise current (Auxiliary Police) policy (232.03) to provide specific guidelines regarding use of force, including deadly force, for auxiliary officers. Establish a formal strategy for the use and deployment of Auxiliary Police. " (31)

"Establish a formal strategy for the use and deployment of the Auxiliary." (31)

Currently:
- Policy (232.03) currently does not specifically reference the use of deadly force and provided limited guidance." (27).
- The Auxiliary Police Contingency consists of 58 employees including 45 officers (27)
- Berwyn Auxiliary Police "have only the same arrest powers as any private citizen." (27)
- "Auxiliary police officers are allowed to carry firearms while on the job." (27).

RECOMMENDATIONS ABOUT DATA

- "Hold personnel accountable for failure to collect and enter necessary data accurately, timely or fully." (32)
- "Maintain a historic record of officer activity ensuring that activity by officers who are promoted reflects their star numbers when the activity occurred. "(33)

Currently: "In essence, once someone is promoted, the individual no longer exists in the system at his previous rank. This introduces inaccuracy to the data" (28)

- "Establish a data committee to identify problems (with data), provide training and address deficiencies." (32)

- "Do an annual data audit. Establish data standards for collection, entry and review of data. "(32)

- "Develop a process to regularly extract and analyze data for strategic and tactical purposes "(32)

Currently:
- "The BPD needs to prioritize the integrity of its data and the processes used to help analyze data." (29)
- "Our review of the Information Services Unit and BPD data...revealed that the BPD is still heavily dependent on physical paper, despite available technology." (28)
- "The staffing study revealed some issues that impact the accuracy of the data in CAD/RMS (Computer Aided Dispatch/Records Management System). (28)

RECOMMENDATIONS REGARDING THE MISSION STRATEGY/STATEMENT(S) (pages 37, 38)

Come up with a strategic plan that incorporates the recommendations in this audit and that includes:
– A mission statement
- Three to five strategic priorities to focus on over a three-year period.
- Define specific, measurable, achievable realistic time-based objectives that clearly identify what will be done, who is responsible for doing it and when it will be done."
- "As a first step in committing to and engaging a structured strategic planning process to develop
- an overall strategic plan for the BPD, identify an organizational champion for strategic planning to provide overside and direction."
-
Currently:
- "The mission statement provided to officers is not the same as the mission statement that is displayed on the BPD's website." (33)

- "The BPD is missing the opportunity to communicate the department's mission and values clearly and consistently to its personnel and to the community at large." (33)

- "(P)roblem solving projects with the public remain a work in progress." (37)

- "The department should review its strategy and commit to ensuring that the department and its officers use partnerships and problem solving techniques to proactively address conditions that give rise to public safety issues such as crime, social disorder and and fear of crime " (37)

A recap of some of the issues noted in the audit:

- "The mission statement provided to officers is not the same as the mission statement that is displayed on the BPD's website." (P33)

- "In essence, once someone is promoted (within the BPD), the individual no longer exists in the system at his previous rank. This introduces inaccuracy to the data" (28)

- Tracking trends in crime is difficult because the BPD's doesn't fully leverage the technology it has for reporting and tracking crime data. (28, 35)

Everything below is a recap of issues covered in previous posts about this audit.

- "A challenging management labor environment contributes to significant morale issues." (9)
"The Department needs to establish formal communication strategy for both internal and external audiences." (9)

- "Officers reported feeling that they do not understand the path to advancement in the department and that good work and performance does not contribute to their opportunity to advance." (54)

- "Throughout the interview process, officers expressed their belief that promotions to specialty assignments are based on factors other than merit. Many claimed such appointment are political. This belief raises speculations about appointees qualifications, which negatively impacts morale." (48)

- "Officers indicated that there have been no performance reviews since 2015." (46)

- No one interviewed could specify the difference between the duties of a sergeant and a lieutenant. This difference is also not articulated in in any available documents provided by the BPD. (57, 62)

BERWYN has:
Per the 2017 census estimates:
55,550 people
14,258 people per square mile. (p10)

VIOLENT CRIME REPORTED INCIDENTS:
(All on page 10)

2016 - 170 incidents
2017 - 141 incidents

PROPERTY CRIME REPORTED INCIDENTS
2016 – 1,235
2017 – 1,117

MOTOR VEHICLE THEFTS (reported)
2016 – 73
2017 – 120

ARRESTS
2016 – 1,466
2017- 1,021

CALLS FOR SERVICE BETWEEN 2015 and 2017 (total):
Roughly 220,000

CALLS FOR SERVICE BETWEEN 2015 – 2017 – (patrol officers) - p60 -
Nearly 150,000

Among the patrol officers call for service – all p60 unless otherwise noted:
Premise check: 52,353
Traffic Stop – 15,638
["(T)traffic enforcement and stops at purely discretionary." – p61]
Accident – non-injury – 5,050
Disturbance -3,778
Domestic Disturbance – 2,933
Suspicious vehicles – 2,707
Loud noise complaints -2,580
Check The Well-Being -2,433
Alarm-Residential -2,244

CRIMINAL CASES ASSIGNED FOR INVESTIGATION, 2017 AND THROUGH JULY 24, 2018

2017 TOTAL – 1,618
2018 – 787
(p17)
*AUXILIARY POLICE TOP 10 CALL TYPES 2015 – 2017
Loud noise complaints – 3,008
Traffic assist – 893
Fireworks – 821
Parking complaints – 659
Fight/brawl/riot -380
Disturbance -368
Rowdy Youths -266
Police related activities - 252
Accident – non-injury -219
Suspicious persons -180


Some more info and crime stats from the Hillard Heintz audit of the Berwyn Police Department (see posts from 1/3 and 1/5 for additional info).

"The lack of reliable geocoded location data precluded us from reviewing the spatial dispersion of incidents and calls for service in Berwyn." - p59.

"Berwyn is considered "the most densely populated city in Illinois" according to Governing Magazine." (p10)

Lack of usable data also precluded HH from analyzing staffing in the "final draft" of the audit presented to the city council 12/26. The BPD's "heavy" reliance on paper and its "challenges" involving data collection and usage is addressed throughout the report and in earlier posts on this audit. The following is not a synopsis of the audit. For a full copy, call city hall. As it was discussed at a public meeting, the audit is a public document.

ALSO PER THE AUDIT:

BERWYN has:
Per the 2017 census estimates:
55,550 people
14,258 people per square mile. (p10)

"(T)he public does not fully understand that 80 percent of a police department's responsibilities are related to service rather than response to crime or calls for help." (p60)

Of the sworn personnel, BPD has a supervisory staff including 19 sergeants and six lieutenants. (10)

Command staff include:

The Chief (a sergeant)

Deputy Chief (lieutenant)

Page 13: "While the BPD does not specifically define the role, the Deputy Chief serves as the operational manager of the department and reports directly to the Chief."

HH Chief Legal Counsel Debra Kirby to the city council on 12/26: " "We were unable to clarify the difference between a sergeant and a lieutenant."

[Background on the Deputy Chief Position not in the audit: Mayor Robert Lovero recommended June 9, 2009 that the city council create the position of Deputy Chief and appoint Joseph Drury to that position. Prior to his appointment, Drury had filed eight workman's comp suits against the city and/or the BPD. See 9/1/2018 post for screenshots of those complaints. Drury was paid $150,000 in 2010 for one complaint and just over $183,000 in August, 2017 for another. See screenshots from Aug. 27 and Sept. 1, 2018 posts for settlement figures. Then-Alderwoman Marge Paul was the sole "nay" vote against the creation of the Deputy Chief post and the appointment of Drury to it.

In 2017, Drury was the target of a sexual harassment lawsuit initiated by the Illinois Department of Human Rights after Berwyn's attorneys deemed it "unfounded." See screen shot 9/1/2018 for the city's sole statement on the case. That suit - which alleges Drury made threats of rape against one of the officers he supervised - cost the city just over $195,000 (not including lawyer fees; also, I lowballed it in an earlier post. Sorry.), which was paid to the complainant in August. See Sept. 1, 2018 screenshot for settlement.

The Committee to Elect Robert J. Lovero paid Drury $2,400 in "consulting fees." Drury donated $250 to the Campaign to Elect Robert J. Lovero. See 9/1 screenshot for documentation of those transactions.

I have been unable to document Drury's current status with the department. Perhaps one of our city council members or the PD can do so. See link for sexual lawsuit complaint.]

FROM THE AUDIT

In addition to the patrol officers who statistically make up the bulk of the BPD, there are also:

20 Community Service Offices (p25) who wrote almost 45,000 parking tickets in 2017 and responded to 28,210 calls for service between 2015 and 2017 (p26.) Scroll down for Top 10 CSO call
breakdown. Page 68 puts the CSO numbers a "18 full time CSOs and one part time CSO."

58 employees in the Auxiliary Police. Berwyn Auxiliary Police have only the same arrest powers as any private citizen (27). Scroll down for Top 10 Auxiliary Police calls.

42 crossing guards

VIOLENT CRIME REPORTED INCIDENTS:
All p. 10 –

2016 - 170 incidents
2017 - 141 incidents

PROPERTY CRIME REPORTED INCIDENTS
2016 – 1,235
2017 – 1,117

MOTOR VEHICLE THEFTS (reported)
2016 – 73
2017 – 120

ARRESTS
2016 – 1,466
2017- 1,021

CALLS FOR SERVICE BETWEEN 2015 and 2017 (total):
Roughly 220,000

CALLS FOR SERVICE BETWEEN 2015 – 2017 – (patrol officers) - p60 -
Nearly 150,000

Among the patrol officers call for service – all p60 unless otherwise noted:
Premise check: 52,353
Traffic Stop – 15,638
["(T)traffic enforcement and stops at purely discretionary." – p61]
Accident – non-injury – 5,050
Disturbance -3,778
Domestic Disturbance – 2,933
Suspicious vehicles – 2,707
Loud noise complaints -2,580
Check The Well-Being -2,433
Alarm-Residential -2,244

CRIMINAL CASES ASSIGNED FOR INVESTIGATION, 2017 AND THROUGH JULY 24, 2018

2017 TOTAL – 1,618
2018 – 787
(p17)

"Detectives reported that they are assigned to investigate cases that have limited probability of being solved...The detectives believe that this process takes away time from addressing solvable cases. Detectives report that their caseloads can become large and limit their ability to focus on more seriously solvable cases when cases that are not solvable are assigned." (18-19)

COMMUNITY SERVICE OFFICERS TOP 10 CALL TYPES 2015 – 2017 (p26)

Parking Complaints 25.6 %
Animal Strays – 7.8%
Wheel lock applied – 5.8%
Animal complaint. 5.6%
Wheel lock removal – 5.4 %
Graffiti – 5.1 %
Traffic Control – 4.7%
Found Animal -3.4 %
Set animal trap 3.0%
Abandoned vehicles – 2.5 %

AUXILIARY POLICE TOP 10 CALL TYPES 2015 – 2017
Loud noise complaints – 3,008
Traffic assist – 893
Fireworks – 821
Parking complaints – 659
Fight/brawl/riot -380
Disturbance -368
Rowdy Youths -266
Police related activities - 252
Accident – non-injury -219
Suspicious persons -180
* After the Illinois Department of Human Rights initiated the investigation into Joseph Drury, the city formed a committee on Sexual Harassment. That committee presented a list of recommendations to the City Council in October. The recommendations were referred to City Attorney Anthony Bertuca and other city officials for review. There is no public record of any such review or further follow-up.

[berwynres]

Thanks, Ted, for posting all of the information, some of which is quite disturbing.