Citizen's Review Board

Wichita Citizen Review Board Minutes July 23, 2020 4 p.m. City Council Board Room 455 N. Main St, Wichita, KS 67202 Present: Jay Fowler, Odell Harris, Shaun Rojas, Paul Kitchen, Jaime Lopez, Timothy Sims, Stephanie, Luna, and Sharon Ailslieger City of Wichita Representatives Present: Captain Wendell Nicholson, Captain Chet Pinkston, Jennifer Magana, Keely Bean 1. Call to Order – Chairperson Fowler The meeting was called to order at 4:02 p.m. 2. Approval of Minutes Sims made a motion to approve the June 11, 2020 minutes. Second by Lopez. The motion passed unanimously. 3. Public Agenda - 15 minutes is set aside for this portion of the meetings. No one signed up for public agenda in advance or presenting at the meeting. 4. Staff Report Update – Captain Nicholson Nicholson stated from May 20 to July 8, 2020, there were a total of 71 complaints, 29 still ongoing. Of those, 46 were external and 25 were internal. Classification type: 30 improper conduct, 34 procedural violations, 2 safety violations and 5 unnecessary force. Since the last meeting, 11 still open and 13 closed. Fowler reminded board to review case information, and to notify if there are cases to discuss. Minutes from last meeting identified 4-5 cases to review. Sims asked if a complaint is ongoing and with the Chief should it be listed. Nicholson clarified if the Chief is still looking at the case, then it should be listed in the report. Sims said there was one not on the list at all (20 PSB12-14), and noted it was pending the Chief’s review. Nicholson clarified that he had contacted Chief this morning for an update, but Chief has been unavailable to respond prior to the meeting. Nicholson will get clarification this evening and forward to Sims. 5. Racial Profiling Review Update - Captain Nicholson and Dr. Michael Birzer, WSU School of Criminal Justice Dr. Birzer, WSU School of Criminal Justice presented an overview of “Analysis of Traffic Citation Data for the Wichita Police Department (2016-2018)” (Birzer & Skinner, April 2020). Birzer sated this is an important topic not only today but for a very long time in the country, and expressed thanks to Chief Ramsay for releasing data for the second time in last five years. Birzer clarified that this is citation data, which does not include information on others stopped Wichita Citizen Review Board July 23, 2020 Page 1 of 7 but not receiving citations. Studies can still inform police department on ticket recipients and reasons. Sims asked how the data is obtained. Birzer said the data was furnished by WPD Crime Intelligence Unit at the direction of Chief Ramsay. Received in several forms, researchers cleaned and placed data into an analytic format (e.g. age, race, types of tickets, etc). Report of Key Findings: • 161,108 citations written 2016-2018. • Overall 19% decrease compared to previous three years. • All racial groups experienced a decline in getting tickets. Data/trend lines analysis showed no red flags of any discriminatory police practices taking place (all groups go up or down). • Males more than females. Similar trend across the country. • Benchmark to compare the data to demographic groups is useful but limited to Census Data, which presents validity issues. Used sparingly in report, which is consistent with current practice by researchers in the field. Best case scenario is when researchers set up “stop data” and develop own benchmarks. This would also include everyone stopped, regardless of if a ticket is written. Beginning to experiment with traffic accident data to look at race and non-fault drivers to get a better assessment of drivers on the road. • 67214 and 67208 (NE community near WSU) – African Americans received over 60% of the citations in those zip codes. • 67211 and 67128 – African Americans received 30% of traffic citations. • Relative Risk Index statistical analysis employed comparing African Americans’ relative risk of getting a citation to Caucasians. Child restraint under 4, African Americans are 24 times more likely to receive a citation. Transporting alcohol 13 times more likely. Child restraint 9 times more likely. • Anecdotal information collected from citizens describe the reasons for being stopped, and create possible red flags of discriminatory policing (tail lights, air fresheners, etc). Citizens relate stories of being stopped for these reasons, detained for 15-20 minutes and then free to go left to wonder if they were stopped due to ethnicity. Study shows African Americans were: 4 times more likely stopped for failure to use turn signal; 4 times for improper display of tag; 3 times for defective headlight; 4 times for defective taillight; 3 times for defective brake light; 2.4 times for cracked windshield. Need to dive into data to understand better. • More studies could be conducted, using more time and resources to create an accurate benchmark for population comparison, and adding stop-data to citation data. Birzer expressed willingness to offer more formalized presentation to any local groups. Fowler asked if there were different ways to approach the data. How about tracking officers? Is there a way to identify whether the officer has a proclivity of pulling over a group of color? Birzer agreed it could be done. New software available to track at the supervisor level. Considered the “Gold Standard” at this time. Recommendations: Wichita Citizen Review Board July 23, 2020 Page 2 of 7  • Training – have officers begin to think about and reflect on who they are stopping. Ask themselves how this would look to the general public? Why am I stopping drivers? Is there a race neutral reason? Self-audits are helpful. • Evidence based data. Can use to devise training. • KLETC – Phase One study (2012) data used to develop online training. Fowler asked about the assessment of Wichita in comparison to other communities. Birzer said the results are similar. Studies in 1980’s in New Jersey resulted in sanctions. Fowler asked if stop data was available for comparison (as opposed to citation data). Birzer said the only known study was “2000 Wichita Stop Study” (Withnow) representing data collected for six months. Follow-up two years later which showed incidents had decreased over time. Not replicated since due to resources needed. Conversations ongoing with Chief for future. Ailslieger asked if a stop is still recorded, even when no citation is written. Birzer acknowledged that the basic stop information is retained, but additional information is needed for analysis. Ailslieger asked questions regarding socioeconomic reasons for stops (car seats, vehicles needing repairs, etc.). Birzer acknowledged there is some correlation. WPD is looking at child restraint options for citizens to offset expense of car seats. WPD recently created the “Lights On” program for repairs. The program is being evaluated by WSU with a survey at each location for citizens to indicate satisfaction with WPD before and after participating. Fowler asked if there is a way to evaluate officers charged with traffic enforcement vs. patrol officers. Lots of opportunity to pull people over, but officers on patrol beat are typically tied up with other tasks to perform. Birzer said you could tease out if they have the data. Officer’s decision to stop a vehicle could be based on a number of factors. Great discretion in the field, largely working independently and without a supervisor. Presents a challenge for performing a study on racial profiling. Fowler mentioned pretext stops and asked if the data sort those out. Birzer answered that source is not always collected, and reiterated the best case study would be for WSU to set up the data collection in advance. Sims noted conclusions on Page 22, and asked if there was a case for systematic racism. Birzer said no case could be made on these findings as it is in comparison to Census data, which is not admissible in Federal court. There are more superior benchmarks available to get a better idea of the motoring public. However, data does give information on ticket recipients and reasons. As policing moves more to evidence based practices, Smart Policing will use data like this to invest resources. Rojas reflected on his ride-along experiences with WPD and Sedgwick County, and noted how time is used differently. He observed WPD primarily responding to calls, while Sedgwick County has more opportunity to selectively stop. Fowler inquired about training and if the 2015 report recommendations had been used to create new training approaches. Birzer explained the Chief has the report and is open to the information. Nationally there is a movement to deviate from militaristic training models to adult basic education models. Kansas Law Enforcement Training Center is now located on the WSU campus, meaning there are golden opportunities to do a lot of good things in training. Wichita Citizen Review Board July 23, 2020 Page 3 of 7 Sims asked if doing work for WPD presents a conflict of interest. Birzer said WPD contracted with WSU as an independent researcher, capable of maintaining neutrality. It is important, though, for the analyst to have some understanding of police operations. Lopez asked if there is another Racial Profiling group with conflicting data. Birzer said they met with Walt Chappell’s group, and found the data was actually very similar. WSU’s study did include additional information the other group did not have. Lopez asked about balancing what the data shows against public perception of the issue. He stated appreciation for the effort, but felt this is the first step of many. Birzer agreed, acknowledging there is no other racial or ethnic group that has been policed as African Americans have been in America. He explained that the Afrocentric lens is missing. Recently, the training academy invited a group of African-American leaders to talk to recruits. Birzer shared data with officers, and they agreed to talk about the issues with the citizens. Kitchen related experience from the school district where discipline data is reviewed by grade level, race and gender. Last three years, teachers received their own lists of write-ups and have conversations about them. Are similar reviews happening within WPD? Nicholson affirmed the process through EIS alerts which documents pursuits in a time frame and subsequent coaching. Once a threshold is reached, supervisor gets an alert and reviews incidents, looks for mentoring, need for internal investigation, etc. WPD actively talks with officers about procedural justice, being fair, accountable and giving people a voice. Sims asked if cultural sensitivity is included in training about biased based policing. Nicholson said Dr. Delores Craig from WSU will be giving training on cultural competency for WPD in the near future. 6. Watson Outreach Program – Captain Nicholson & Officer Donielle Watson Officer Donielle Watson began by introducing himself, his connections to the community as a Wichita native, and his tenure with the WPD since 2004. Currently assigned to the violent crimes community response team, focusing on violent, gang and drug crimes. Wanted to do more outreach, concentrating on prevention instead of suppression. Community policing does afford more time for outreach than patrol. Response units working with gang members noticed they would police more of the African-American community. Working one-on- one with gang members revealed individual potential, despite traumatic backgrounds. Following Ferguson, MO, became more involved with Wichita community leaders. Started going to Ministerial League and have been involved ever since, with many positive results. When Violent Crimes Community Response Team was established in 2018, still saw need to do more outreach and prevention, connecting families with resources. A 30 minute PowerPoint presentation fully explaining the program is available at www.positiveinteractions.org. Shared video featuring Chicago Police 6th District. Usually when people call the police, it’s not because they are having a good day. Need more positive interactions in community engagement. Need patrol for day-to-day enforcement, but also need intervention and prevention. Focus on youth, the children without strong parental or community mentors. Partnered with Housing Department’s Way to Work program by sending Wichita Citizen Review Board July 23, 2020 Page 4 of 7 children to the program for job placement (20 hrs/week with salaries paid by Housing). Watson participated in orientation for parents and worked with kids for 12 hours. All saw PowerPoint presentation. Interacted out of uniform. Working intensely with five kids. One involved in human trafficking. One a documented gang member, now doing very well. Communicate via text every day. Monday night rival gang members came to the youth’s house looking for a fight. Watson hand selected officer to do initial report with Watson doing follow-up. Took to parole orientation and developed plan with parole officer (18 month sentence). Another participant for three years, placed in a City department. Excellent worker. Certificates of computer design. Home life non- existent, father absent and mother with mental health issues. Relocated to grandmother’s home. Several shootings this year involving African-American kids. Positive interactions are key. Since February, several families came directly to Watson. Solved several cases because the families felt comfortable disclosing information. One woman turned in daughter involved in a shooting the week before, because she knew and trusted Watson. Sims commended Watson for the work. Many talk and complain but few actually do something to be part of the solution. Watson acknowledged part of the struggle is being the only one doing the work. Rojas asked if community engagement work is performed with no additional pay. Watson explained that because the engagement program does not have overtime, it is actually a decrease in salary. Flex schedule to make it work. No additional pay or strain on WPD budget. Rojas asked if there can be a challenge to recruiting others to do the work without additional compensation, and if there is a goal for a number of positive interactions. Watson explained that officers often do not have enough time. Chief open to new ideas, but time and resources have to be available to do new things. Violent Crimes Team is operating with one less member to allow Watson to do this work. 7. Review of Policy 901 – Chairperson Fowler & Mr. Vince Hancock Vincent Hancock lives in Delano neighborhood. Professional background in mass communication and information technology. Two months ago, asked CRB to look at Policy 901, which was last signed by former Chief Williams. Purpose of this board is to review certain cases of alleged misconduct by WPD employees as investigated by PSB, and to advise the Chief as to practices, training and administrative regulations. As the CRB works most closely with PSB, it is appropriate for the CRB to review their policies. Policy Manual lists 136 publicly-available policies, of which 65% are current, 21% expired up two years ago, and 15% are 2-10 years old. Five of the oldest 20 are supposed to be maintained by PSB. Oldest is Policy 901 last reviewed April 5, 2010. Hancock is asking that CRB hold current PSB leadership accountable from this point forward. As a result of his conversation with Pinkston, Hancock now believes many items are performed by PSB, but the document has not been updated: 1) Brochure offered to complainants is being distributed but not required by policy. 2) Section should be added prohibiting PBS detectives from intimidating, harassing or dissuading complainants. Wichita Citizen Review Board July 23, 2020 Page 5 of 7  3) Webpage – all complaints investigated in complete, fair and impartial manner. Requires complainant to provide identifying information. PSB webpage implies civil repercussions for filing a false complaint. Sharing of a PII of an accuser with the accused violates Reg. 3.603. 4) Policy 901 is inconsistent with the state admission of the PSB by leaving out references to protecting the rights of citizens. 5) Citizens may report orally or in writing, but PSB webpage steers to recorded audio interview. Current web form is not suitable for printing. Would like to see printed form and brochures available in all WPD public lobbies. Although a written letter is allowed, Hancock feels many people would be more comfortable with a printed form. 6) 901.04.E. courtesy photocopy provided of any handwritten complaint form. Practiced but not in policy. 7) Conclusion notification letter agreed upon by CRB not required to be sent to the complainant in the policy. More opportunities for improvement as it is 10 years old. List of all policies and procedures by department sorted by oldest to newest given to Chairperson Fowler. Sims asked if complainant can be anonymous. Hancock said revisions need to be made to the form indicating which fields are required and which can be left blank. Hancock noted that the complaint process is more open and transparent than it was two years ago. Sims noted that while the trifold brochure is being offered, he wondered if it is actually being followed. Hancock stated the first step was to create the brochure and establish the routine of offering it routinely. Complainant has the right to refuse the copy. Sims clarified that he noted procedural violations by PSB in regards to his complaint. For example, at the end of the investigation, brochure says a finding will be issued. In his case no finding was issued. Sims further stated that Robert Thompson filed a complaint two years ago without conclusion. Sims reiterated that the flyer may be offered, but the procedure outlined in the flyer is not being followed in all cases by PSB. Hancock said in his opinion, the first step is to get desires as a community in alignment with the Union and PSB. Policy 901 does not reference the newly-created brochure. Policy 901 states protecting right of accused, but not accuser, and without punishment for the guilty. PSB webpage is more balanced, and not reconciled with policy. No expectation for it to be revised in a month, but hesitate allowing it to go another 10 years without review. Ailslieger asked what prompted Hancock to work on this project. Hancock explained he designed software to pull crime data from the Delano neighborhood. Community policing officers taught them well for neighborhood watch. Working together as a team with officers is important, and his work on the policies is a part of the teamwork. Sims noted reason to expeditiously update the policy is that the Citizens Policy Academy class includes information on how cases are investigated. Information given to CPA class is outdated. Fowler asked for department to provide protocol on policy updating. Hancock said he gave Pinkston his research results, but noted the policy review date is written in each policy. Fowler clarified that policies may not need to be updated following review. Wichita Citizen Review Board July 23, 2020 Page 6 of 7 Ailslieger reflected on the practice of writing policies but not reading them until something happens. Hancock agreed and restated that getting policies refreshed is step one, and training PSB officers is step two. Fowler reminded CRB members that all policies are posted on internet under the “About Us” tab on the website. Ailslieger noted wordsmithing makes a policy work or not. Makes it not timeless but last a little longer. Hancock recounted a statement from Pinkston that training is not in minute detail, but sometimes it helps to put it in writing. Fowler thanked Hancock for his presentation. 8. Executive Session – Review of Complaint/Investigation 19PSB-3107 Per agreement between Chairperson Fowler and Chief Ramsay, description included in agenda for the community to know the essence of the case. Case reviewed today stems from September 30, 2019 when a WPD officer was accused of using unnecessary force on an individual involved in an accident. Witnesses expressed concern over the actions of the officer and a request for review was made. Matter involving officer personnel. Motion by Fowler to move to Executive Session for 20 minutes to receive information involving personnel matters of non-elected personnel, and to protect the privacy of the personnel. Board to return no later than 5:48 p.m. Second by Lopez. Motion passed. Return from Executive Session at 6:01 pm. Chairperson Fowler noted the CRB had reviewed the case and taken no action, and makes no recommendations. 9. New Business – Chairperson Fowler Rojas noted at the last meeting it was mentioned there was video of a tasing which had happened (recorded on page 6 of minutes). Rojas had asked for video. Nicholson noted the case was marked for review. Rojas asked if video is available, could it be placed on the agenda. Pinkston said he would have an answer to that question the next day. Rojas hosted a discussion last week at Kansas Leadership Center about communities of color and law enforcement. Alumni get together to share perspectives, and to review research from Dr. Birzer. Rojas wanted to commend Deputy Chief Givens and Captain Moore who participated in the call and represented WPD well. Received a lot of comments from people across the state, that they were intrigued and jealous of WPD. Good reputation with alumni. Officers expressed vulnerability and willingness to engage with participants. Next meeting will be August 27, 2020 4:00 pm at City Hall. 10. Adjourn Fowler made a motion to adjourn. Second by Ailslieger. The motion passed unanimously and the meeting adjourned at 6:04 p.m. Minutes respectfully submitted by Tina Payne, Administrative Aide II, City Manager’s Office. Wichita Citizen Review Board July 23, 2020 Page 7 of 7