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02/10/2021 - Meeting Materials Racial Equity in Policing Commission Agenda - Addendum 1 2/9/2021 1:03 PM Racial Equity in Policing Commission Salt Lake City Utah ADDENDUM (Red text displays adjusted information) Meeting Agenda Wednesday, February 10, 2021 5:00 p.m. This meeting is a discussion among Commissioners and select presenters. The public is welcome. Items scheduled may be moved or discussed during a different portion of the meeting based on circumstances or availability of speakers. This meeting will be an electronic meeting pursuant to the Core Commission determination that conducting the meeting at a physical location presents a substantial risk to the health and safety of those who may be present at the anchor location. The Commission Meeting will not have a physical location and all attendees will connect remotely. Members of the public may provide public comment by joining through Zoom (Register in advance here: https://zoom.us/webinar/register/WN_X4-GAxy3T7-A1qrzggOnNQ) or by calling 1-800-934-9182 at the time of the meeting. You may follow along with the meeting on the SLC REP Live Commission Meeting YouTube Channel. Please visit the website https://www.slc.gov/boards/REPagenda for more information or call 801-535- 7644 with questions. 1. Welcome and Public Meeting Guidelines Confirm the determination of the Core Commissioners to meet electronically because meeting at a physical location presents a substantial risk to the health and safety of those who may be present at the anchor location. 2. Public Comment (limited to 15 minutes) ● Attendees may be provided one or two minutes of time, determined by the number of attendees and the time available determined by the Commission. Please observe the time limit stated at the beginning of the public comment period so everyone may have a chance to speak. ● Per the public meeting guidelines, keep comments free of discriminatory language referring to a person or group based on their religion, ethnicity, nationality, race, color, descent, gender, sexual orientation, disability, age or other gender identity factor. Items or comments that disrupt the meeting, intimidate other participants or that may cause safety concerns are not allowed. 3. Summary of Listening Session Facilitators will provide a summary of the Listening Session held on January 28, 2021. Discussion may include planning efforts of future listening sessions. Racial Equity in Policing Commission Agenda - Addendum 2 2/9/2021 1:03 PM 4. Overview of the City Council’s Police Department Budget Audit– Matrix Consulting Richard Brady of Matrix Consulting will present to the Commission the Zero-Based Budgeting concept and share the connection between the work of the Commission and the budget discussions of the City Council in the efforts of improving police accountability and transparency. Richard Brady of Matrix Consulting will present to the Commission an overview of the Police Department budget audit. The audit is a foundation for a planned zero-based budgeting exercise, which will evaluate expenses, programs, and historical spending, with the goal of aligning expenses with Council and community expectations for the department. Supporting Material: (titles are hyperlinked to the pdf files) Salt Lake City Police Department Audit Presentation Audit Scope – Frequently Asked Questions Gantt Chart Schedule Audit Scope – November 2020 5. Standing Items ● Subcommittee Reports o Training Subcommittee o Policies & Practice Subcommittee o School Safety Subcommittee o Youth Subcommittee ● Commission items of business o Attendance of Police Officers at Subcommittee Meetings o Resignation of Commission member; Core Commission Member change; and discussion of replacement Commission Member o Other including Scheduling Items ▪ Opportunity to attend the City Council Work Session on behalf of the Commission (5-10 minutes overview of the work in progress); optional for 3-4 commissioners per meeting generally between 2 pm and 5 pm. • February 16 • March 2, 16, 23 • April 6, 13, 20 Racial Equity in Policing Commission Agenda - Addendum 3 2/9/2021 1:03 PM 6. TENTATIVE Closed Session The Commission will consider a motion to enter into a Closed Session. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a. discussion of the character, professional competence, or physical or mental health of an individual; b. strategy sessions to discuss pending or reasonably imminent litigation; c. discussion regarding deployment of security personnel, devices, or systems; and d. investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. CERTIFICATE OF POSTING On or before 5:00 p.m. on Tuesday, February 9, 2021 the undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact City staff at REPCommission@slcgov.com or 801-535-7644, or relay service 711. Overview of the Police Department Audit Salt Lake City, Utah The Matrix Consulting Group Our project team has conducted over 400 law enforcement studies in North America. Our police consulting services include: Community-centered policing Resource and management planning Staffing, deployment and scheduling studies Organizational assessments Our firm has also developed cost of service assessments for hundreds of agencies across the country. Our approach is‘fact-based’emphasizing extensive data collection, maximizing stakeholder input and detailed implementation strategies. Project Background The genesis of this study was a process that encompassed much of last year and included: The Council’s need to have better information to make policy and resource decisions about police services in the City. After police-involved deaths and resulting protests, the need to ensure that police in Salt Lake City are accountable to the public and supported in performing appropriate roles. The recession associated with Covid19 has underscored the need to ensure that resource levels were fiscally responsible but also meeting the service needs of the City. This genesis led to 18 items being included in the scope centering on financial and police operational issues. The Matrix Consulting Group was selected to assist with these efforts and began the study at the end of last year. Project Tasks –Financial Scope A financial profile of the Police Department. Recommendations for categorizing costs at the functional, organizational and line item levels. An analysis of expense patterns against these expense categories and a ‘fully-burdened’ cost for each. Recommendations to reorganize budgetary categories to better reflect service delivery. Recommendations on budgetary best practices. Assist with the development of a ‘zero-based budget’ reflecting this analytical sequence. Project Tasks –Operational Scope Internal affairs and disciplinary policies and procedures and compare to ‘best practices’. The Department’s personal management systems –for example, performance reviews, mentoring, staff development. Processes to assist with the transition from civil service to a hearing officer system. An assessment of issues associated with the oversight of body worn camera reviews. Core versus non-core functions and services and improvements in responses to people in crisis. An assessment of ways to improve the support given to officers (e.g., counseling, early intervention). Additional external partnerships. Project Status This month we have interviewed extensively within the Police Department as well as the Council and other stakeholders. We have collected budgetary and operational data in support of the scope items described earlier. The input of the Racial Equity in Policing Commission is also important, so we are reaching out tonight and in subsequent interviews. The study is fast-tracked with a draft report targeted for the end of March / beginning of April. Matrix Consulting Group Schedule for the Police Department Audit SALT LAKE CITY, UTAH January February March 4 11 18 25 1 8 15 22 1 8 15 22 29 Initiation and Profile • Interviews and data • Profile development Financial Scope • Financial Profile • Line Item Cost Categorization • Identify Programs YY • Fully-burdened Costs • Organizational Block Analysis • Budgeting Best Practices • Facilitation of ZBB Operational Scope c • Internal Affairs Review • Discipline Process Review • Personnel Management Y • MOU • Body Worn Cameras • Core Functions • Crisis Response YY • Staff Support Services • Partnerships YY Salt Lake City Council Audit of SLCPD Scope Version November 19, 2020 Financial Items (Results will be used to inform the Council’s zero-based budgeting exercise later this year.) 1. Determine and analyze the actuals and budgets for each cost center and object code that are associated with the Police Department (IMS, Fleet, etc.) for fiscal years 2018, 2019, and 2020 including to determine: a. If the line item name / description is accurate and when necessary, recommend a more accurate description. b. Reasonableness for operations such as whether authorized budget exceeds utilization, funded item is no longer needed, funding fits better in another budget, etc. c. Identify potential efficiencies and opportunities for restructuring the budget and/or finances. Identify consequences of eliminating specific funding items. d. Recognize and identify funding sources other than the General Fund. 2. Identify special projects, onetime purchases and short-term contracts by functional group, cost center, and object code. 3. Identify associated expenses and revenues for other activity outside of the General Fund including the Airport and contracts with other entities. 4. Define department bureaus, divisions, units, programs, squads, and any other functional groups or set of duties to establish consistent language. Then identify the total cost and inventory of duties for each as shown on the Fiscal Year 2021 Police Department organizational chart. 5. Identify costs and service levels associated with each functional group. Create a matrix for each functional group and the associated cost centers and object codes for fiscal years 2018, 2019, and 2020. Then analyze for patterns, areas for follow up and significant changes to service levels. 6. Quantify the smallest operational blocks (employees and associated costs) that could be added or removed to meet a desired scale. For example, the minimal effective patrol squad would need a sergeant and several regular officers. These operational blocks should reflect important factors including but not limited to maintaining effective span of control between supervisors and subordinates and costs in addition to compensation including equipment, facilities, etc. 7. Recommend best practices that could be deployed in the department’s budgeting. 8. Facilitate the Council’s zero based budget exercise for the Police Department. Operational Items 1. Compare the City’s Internal Affairs process and structure to best practices and identify areas for improvement. 2. Compare the existing disciplinary system to best practices and innovations including at other law enforcement agencies. a. Identify areas for improvement to enhance independence, transparency and accountability. Questions raised recently include: i. Does Salt Lake City have a progressive discipline system or other tools that reinforce fairness and consistency? ii. What mechanisms exist to flag situations when an officer or functional group may be the subject of multiple disciplinary complaints or actions? iii. What policies require Internal Affairs investigations be completed even when an officer leaves employment? iv. How long are disciplinary record retention schedules and are they available to other law enforcement agencies? What information is publicly available? v. Could the HR Department and/or Police Civilian Review Board have a greater role in the disciplinary system? vi. Are there standard practices such as placing warnings in a personnel file that are avoided / underutilized? b. Provide examples of early coaching and counseling systems in other law enforcement agencies and parameters and thresholds for identifying situations where a pattern of performance issues exists such as excessive use of force, accidents, complaints. 3. Evaluate the personnel management system within the Police Department and identify any barriers that exist to correction, training and counseling of personnel by supervisors, and the ability to provide regular feedback from management to staff about technical performance, equitable treatment of subjects, tone and approach. 4. Identify whether the memorandum of understanding between the City and Police Association create duplicative or complementary processes and recommend areas for improvement. 5. Identify successful programs in other municipalities that randomly sample and review body camera video and how Salt Lake City could implement such a program. Reviews would be done by persons independent of the Police Department. The program would provide periodic reports to the City Council on observations including but not limited to de-escalation, equal treatment of individuals and adherence to City ordinances and policies. a. Evaluate existing body camera activation procedures and policies to determine if they are consistent with best practices, clearly articulated, maximize the number of circumstances for video recordings and are enforced through progressive discipline, up to and including employment termination. b. Develop historical data to establish baselines for metrics where necessary and feasible including activation of body cameras. 6. What are the core policing functions of the Department? What additional functions does the Department perform that are not traditionally policing activities? a. Identify functions currently performed by the Police Department which are candidates for potential service provision by another agency. b. Identify functions other law enforcement agencies are considering to (or did) outsource to other service providers. 7. Review the Police Department’s responses to mental health crises and identify areas for improvement. a. What additional resources would be needed to ensure a social worker is always available to fully implement the co-responder model? b. To the extent possible, estimate the number, crime type, response time, who was dispatched (officer, social worker, single, multiple, etc.) and time spent responding to all calls for service in recent years related to homelessness, substance abuse, behavioral health and mental health. Also, identify process changes with existing resources to improve tracking of these data points. c. Identify the number of calls for service when a social worker was unavailable to co- respond with an officer in fiscal years 2018, 2019 and 2020. d. Estimate ideal staffing levels and types of positions (social workers, nurses, counselors, EMTs, etc.) to fully implement the co-responder model based on calls for service levels. e. Evaluate different models and best practices for mental health crisis response, including crisis intervention team (CIT) models, Mobile Crises Outreach Team (MCOT) at the University of Utah Neuropsychiatric Institute, and potential external partnerships and programs hosted outside of police departments. 8. Review mental health services available to Police Department employees, the ability of employees to participate, existing utilization, and areas to expand support. 9. Recommend operational efficiencies or partnerships that could be achieved with existing resources. Later Phase / Maybe Items 1. Identify community service needs that lack funding to meet existing demand and result in police officers filling the gap. 2. How could use of force data collection be standardized for reliability and validity? a. What periodic reports on use of force data currently exist and identify reporting and monitoring improvements. b. Review data systems to determine whether adequate resources exist and what additional resources would be useful. c. Review existing systems to determine where subject demographic, especially race and ethnicity, data is reliably documented and recommend areas for improvement. 3. Quantify and categorize an average police officer’s time to represent how the Department interacts with the public (respond to violent crimes, proactive policing, traffic enforcement, etc.). a. Perform the same examination for an average social worker. b. Perform the same examination for an average School Resource Officer. 4. Review and evaluate Fiscal Year 2021 adopted budget. 5. Review police vehicle location data to identify where officers, especially patrol, spend time. Compare the results with geographic distribution of crimes and identify any patterns, insights and areas for follow up. 6. Compare actual response times (dispatch to on-scene arrival) and time calls are kept in queue to best practices and other law enforcement agencies. Identify potential areas and methods to improve police response times. 7. Compare POST required training to SLCPD required training. a. Identify how often trainings are recommended to be retaken, number of SLCPD officers meeting the recommended training schedule including maintaining certifications by training type b. Estimate the amount of time, funding and instructors needed for officers to meet ideal training schedule annually. Audit Scope Frequently Asked Questions Below you will find some of the most commonly asked questions regarding the audit scope. If you have further questions, please contact the Council Office by phone at 801-535-7600 or via email. What is the Council’s goal with a zero-based budgeting (ZBB) exercise? The goal is to align the Police Department’s budget with community and Council priorities. The budget grew over the years while elected officials and community needs also changed. Today's policy priorities can be implemented through ZBB. ZBB can link priorities to specific functions and groups within a department. Those identified functions and groups could see budget increases to meet the priorities and expectations of elected officials and the community. Where can I learn more about the current Police Department Budget? Check out the Council’s Police Department Budget webpage here. For questions or comments about the Council adopted budget for the Police Department, email council.comments@slcgov.com or call 801-535-7600 What funding is available to put into place recommendations from the audit? The audit results will inform the Council’s zero-based budgeting (ZBB) exercise to rebuild a hypothetical Police Department budget. The Council could implement scenario(s) from the ZBB exercise in several ways: • a mid-year amendment to adjust the current Police Department budget (July 1, 2020, to June 30, 2021); • the next annual Fiscal Year 2022 budget (July 1, 2021, to June 30, 2022), or; • Use funds (over $3 million) that were placed into holding accounts pending recommendations from the Racial Equity in Policing Commission and ZBB exercise. Learn more. Doesn’t the City already know what the Police Department budget is spent on? Every penny of public money is tracked and reported in the City’s financial system. The City's financial system is audited each year for compliance with government accounting standards. The resulting reports are available to the public. There are many ways to look at a department budget from individual transactions ($50 for a new uniform) to ongoing annual expenses ($200,000 for vehicle fuel) to major categories ($70 million for employee compensation). These are three hypothetical examples. The financial audit of SLCPD will take a deeper look at the actual expenses over the past three years. An analogy could be someone reviewing their credit card expenses over three years vs. only looking at monthly statements. How will an audit firm be selected? The Council Office has several auditing firms already on contract, chosen through an earlier Request for Proposals (RFP) process. These firms have been invited to submit proposals detailing how they would conduct the audit of SLCPD based on the final scope of work. It’s anticipated a selection committee of Council Office employees and the Council Chair will review all proposals, score them using the same criteria and grading system, then review the total combined scores from all committee members. If the committee has more questions, or needs clarifications or demonstrations, then they will submit those to the auditing firms and could adjust scores based on responses. Depending on the results, the committee may select one firm or multiple firms for different scope of work items. How were these firms on contract selected in the first place? The Council Office goes through an open and competitive bidding process every few years. Interested auditing firms, whether local or national, may submit a proposal for a selection committee composed of City employees to review. A Procurement Office employee guides the committee through the process to ensure laws and regulations controlling government procurement and contracting are followed. All committee members score each proposal using the same rubric and total their scores. The committee offers contracts to firms based on reviews, scores, and recommendations. The Council Office doesn't pay the auditing firms unless there is a request for services. Having these firms on contract allows the Council to quickly access auditing services when needed. What’s different between the annual budget process and zero-based budgeting (ZBB)? Traditional budgeting, also called cost budgeting, focuses primarily on new expenditures compared to the last year. ZBB asks for justification and explanation of all expenditures - old and new. Under Utah State law, the Council receives the Mayor’s Recommended Budget for the next year by the first Tuesday in May and must approve a balanced budget by the end of June. This doesn’t allow enough time for an in-depth audit of an entire department budget and use those results to inform a ZBB exercise. A ZBB approach also allows tailoring budget adjustments instead of across the board cuts or increases. A ZBB is like using a scalpel instead of a sledgehammer to make adjustments. Does this audit and ZBB exercise mean the SLCPD budget will be cut? Since the audit is impartial, it’s not designed to reach a specific outcome for the ZBB exercise. The budget could potentially increase, decrease, or remain the same. The results of the financial audit will inform the ZBB exercise. It’s possible the Council may support multiple budget scenarios. Some Council Members expressed interest in exploring a reallocation of funds. Funds could be spread between different public safety-related functions while maintaining the overall funding level of public safety. Will the zero-based budgeting (ZBB) exercise impact police officer compensation? The financial audit and ZBB exercise are not intended to recommend changes to police officer compensation. Each year, the City compares police officer compensation to other Utah law enforcement agencies. Every three to five years, the City hires an independent consultant to conduct a public safety national salary survey for police and firefighter compensation. The consultant compares Salt Lake City’s public safety employee compensation to other cities and counties around the nation. This ensures salaries are competitive in the market. The Council briefing on this study is available here. Frequ ently Asked Questions about SLCPD Below you will find some of the most commonly asked questions regarding the police department. If you have further questions, please contact the Council Office by phone at 801-535-7600 or via email. What does the contract between the police union and the City do? Where can I find a copy? The contract is called a memorandum of understanding or MOU. The City has MOUs with each of the three unions that represent City employees: police union, fire union, and the American Federal of State County and Municipal Employees or AFSCME. Note that not all City employees are represented by a union. An MOU addresses employee compensation (salary and benefits), leave like vacations, discipline procedures, and other employment conditions. Each union is a private separate legal entity from the City. The City and a union can renegotiate some or all of an MOU as allowed under the collective bargaining agreement guidelines. All three of the MOUs and the bargaining agreement are available here. How many calls for service does SLCPD handle? A 2019 study of SLCPD by the International Association of Chiefs of Police (IACP) provided in this chart. Total calls remained about the same from 2015-2017 but the subcategories of community and officers each made more calls year over year. Police officers spend more time (in total and the average time per call) responding to crime than other types of calls for service such as traffic enforcement. The study is available to download here. What public safety data and outcomes is available? The Police Department open data website is available here and has the following information: • Assaults on Officers – monthly reports and data file on subjects resisting arrest and assaults on officers going back to 2010 • CompStat – detailed biweekly reports on crimes, shown by geographic area of the City. The Police Department uses this model for leadership to review crime trends, decide what to do in response, and see how effective responses were • Crime Reports Map – an interactive map displaying crimes from participating law enforcement agencies by cityprotect.com (formerly crimereports.com) • Crime Statistics – monthly and yearly crime summaries by City Council District going back to 2017 • Calls for Service – summary data on calls for police services from the past 48 hours. Datasets beyond 48 hours are available on the opendata.utah.gov website • Use of Force – users can create line graphs and pie charts based on factors including tools used, demographics (gender, race, ethnicity), and geographic area, going back two years What mental health resources are available to police officers now? Last year, the residential treatment program for PTSD and substance abuse expanded to provide up to 30 days of treatment per fiscal year at 13 available locations. Two locations specialize in PTSD. All City employees have access to 10 counseling sessions at no extra cost. These counseling sessions are included in existing medical insurance coverage. Two years ago, a Request for Proposals (RFP) increased the number of counseling sessions with providers specializing in PTSD up to 15 sessions for public safety employees. All three public safety departments (911 dispatch, fire, and police) have established peer support groups with employees who completed training in mental health and wellness. The City’s long-term disability policy includes a benefit period of up to 24 months for mental health-related claims. The Police Department budget has always covered the premium for long-term disability leave for sworn officers. It increased over the years and the Department’s budget continues to absorb the cost. What education incentives are available to police officers now? All City employees have access to a $4,000 annual tuition reimbursement benefit for job-related courses. If an employee stops working for the City within one year of receiving the reimbursement, then they are required to repay the City. Recent compensation comparison studies concluded the City’s amount of reimbursement is somewhat more generous than typically provided in the market. Police officers are offered a career path incentive program that provides additional annual supplemental pay as follows: $300 for an associate's degree, $600 for a bachelor’s degree, $900 for a master's degree, and $1,200 for a Ph.D. Why do police officers need firearms during traffic stops? Police officers are equipped for the potential dangers they will face in the field. America has the highest proportion of firearms per capita of any nation. Some other nations do not usually equip police officers with firearms. However, those nations have populations with significantly fewer firearms. This means less potential risk to first responders in those countries. Police officers, like all first responders, need to be confident that they are equipped to face and survive dangers experienced on the job. Some Council Members expressed interest in exploring alternative traffic enforcement models.