Report on the Audit of Selected Operations of the Harvey Police Department Prepared for Mayor Eric J. Kellogg Prepared by: Robert T. Johnson and Brian Williams on behalf of the Illinois Association of Chiefs of Police August 15,2011 HARVEY POLICE DEPARTMENT AUDIT REPORT I. SCOPE OF AUDIT (Excerpted from original agreement -- Exhibit 1) The audit will examine the City of Harvey Police Department's policies and practices relating to the collection, processing and chain of custody of evidence and the conducting of preliminary and follow-up investigations related to Aggravated Batteries/Homicides. The audit will include a review of all Homicide/Aggravated Battery (involving firearms) Investigations for 2010 as well as a random sampling of Aggravated Battery/Homicide Investigations for 2007-2009 and related evidence. The audit will review the qualifications, training and background of investigators that may be selected to investigate these crimes. II. AUDIT METHODOLOGY The review began in early April and was completed in mid-July. During the course of the audit, the auditors conducted numerous interviews and meetings with members of the Harvey Police Department as well as external stakeholders. They reviewed thousands of pages of reports investigations related to the initial response to and investigations of Homicides, Deaths and Aggravated Batteries (with firearms). They conducted an audit of the policies, practices and training and the collection, preservation and security of evidence. For any areas the auditors found deficient, corresponding recommendations were provided. A total of thirty-six (3 6) recommendations can be found throughout the report along with the information or fmding(s) of the auditors leading to the recornmendation(s). A separate document listing all the recommendations by agency function (Administration, Patrol, Investigations and Evidence) is provided as Exhibit 2. This document is provided to assist the department's managers an easy reference doctunent in viewing and/or tracking progress toward implementation without the need to thumb through the entire document. The agency (Chief) was provided a copy of the final report in DRAFT form and given the opportunity to challenge any findings and/or ask for clarification of any information found in the report. As of this time the department has not provided any documentation challenging any information listed in the report. ORGANIZATION OVERVIEW A. Breakdown of Sworn Personnel by Function The Harvey Police Department is made up of one hundred and two (102) personnel, sixty~seven (67) sworn and thirty-five (35) civilian employees. The current chief is Denard Eaves who has served as "Interim Acting Chief of Police" since 2007. He was appointed to this position by Mayor Eric Kellogg. Eaves previously served as Deputy Chief. Reporting directly to the Chief are his assistant Sandra Alvarado, Commander Haynes -- Services Bureau, Commander Michael Neal Internal Affairs Division, Commander Roy Wells -- Traffic Division, Acting Commander Cameron Forbes (Patrol), Acting Commander Shane Gordan (Investigations) and Lead Detective Ramone MacAlpine - Special Operations Unit (SOU). The department is divided into the following: Services Bureau - includes Records Division, Communications Division (911), Property maintenance Division (Evidence) and Animal Control. Haynes currently serves as the Commander of the Services Bureau. Internal Affairs Division - The Internal Affairs Division has responsibility for investigating allegations of misconduct, oversight for employee background investigations, background checks and fingerprinting of liquor license applicants and serving as liaison with the attorneys when the department is sued; coordinating the scheduling of Officers and collection of documents. The Division was commanded by Steven Porter at the time the audit began and Porter was the only member of the Division. During the audit, Porter was replaced by Commander Michael Neal. Porter remained as a member of the unit and athird sworn member was added. Traffic Division -- The Traffic Division only has one sworn member, cturently Commander Roy Wells who replaced Commander Charles Sampson, who was reassigned as a patrol sergeant during the audit period. The Traffic Division has responsibility for traffic citation accounting, tow releases and disposal of abandoned autos, fatal_ accident investigation, department vehicle accident investigation, organization of Roadside Safety Checks and Overweight Truck Enforcement (training pending). The other operational divisions include the Patrol Division and Investigations Division. Information regarding their staffing and functions will be found in the sections dedicated to them in this report. The department's organizational chart that was provided to the auditors had not been updated in years and is not attached as it has no value in understanding how the agency is structured. B. Policy At the inception of the audit, the department's policy manual was requested and received. The manual - titled, "Operations Manual of the Harvey Police Department" and policies contained 2 therein are undated. Chief Eaves advised the auditors that the manual is still being used and advised the manual was written by a consultant back in the early 1980's before the department moved into their current facilities. He said there have been some changes and/or additions since the policy manual was written. However there is no indication upon review of the manual of any revisions. No one person has responsibility for the writing or review of department policy. The policy manual is seriously outdated and lacks policies covering the following areas falling under the scope of this audit: Evidence Investigations Background Investigations Training Intelligence Confidential Sources (Inforrnants) and related funds for the purchase of evidence and/or payment of informants RECOMMENDATION The Harvey Police Department should develop policies for (Evidence, Investigations, Background Investigations, Training, Intelligence and Confidential Sources (informants) and related funds for the purchase of evidence and/or pay_ment of informants Once approved, the policies need to be disseminated and receipted to all personnel. The personnel who are likely to perform duties for the related topic should receive training on the related policy. IV. PATROL (As related to the response to violent crimes) A. Staffing Commander Wells provided the auditors with a breakdown of the current Harvey Police Department Patrol Staffing - Sergeants 7 total; 2 assigned to days; 3 assigned to afternoons; 2 assigned to midnights - Patrol Officers -- 42 - Currently 36 officers assigned to patrol duty a) 12 assigned to the day shift 12 assigned to the afternoon shift c) 12 assigned to the midnight shift 6 currently assigned to light duty and/or injury status - Minimum staffing allocation: a) 5 officers on the day shift b) 6 officers on the afternoon shift c) 6 officers on the midnight shift Commander Wells advised that officers select their initial shift based on their seniority with the department. All officers are required to work all three shifts during the course of the year. When asked which shift is the busiest, Commander Wells advised the day shift is currently the busiest shift. OBSERVATION: The standard in law enforcement is to allocate personnel based on the workload/volume of calls for service of the different shifts. As an example, the midnight shift in most locales has the lowest workload/calls for service and hence, in that case, has the smallest allocation of personnel. If the department has not completed a workload assessment to determine the allocation of personnel, they should consider doing so. . Crime Scene Protection and Identification of Witnesses -- Documentation and Reporting A review of the reports completed by the initial responding officers for the cases reviewed did not reflect a routine practice of documenting the steps taken to secure and protect crime scenes and identify witnesses. The auditors did not find any instance in which the entry into a crime scene was documented either in the incident report or through the use of a crime scene log. Interview with detectives and sergeants confirmed that this documentation is not collected. Furthermore, there were comments by Detectives and Sergeants that some patrol officers had to be corrected as they were observed driving vehicles into crime scenes, as well as not recognizing the full breadth of the area of the scene and the need to expand the areas being protected. Comments were also made that some officers would try to prematurely disperse bystanders from crime scenes without identifying them and/or establishing if they were potential witnesses. FINDINGS: During the review of department patrol reports, auditors reviewed a number of reports that were difficult to read, thereby making it difficult to understand the facts of the case. RECOMNIENDATIONS: The department needs to develop a computerized report writing system which would allow the officers to type their reports. A computerized system would allow the officers to send their reports to their supervisors to be quality checked and then the report could 4 be forwarded to the record section. In addition reports would be clear and legible and easier to locate for prosecution and FOIA requests. The department should use a standardized crime scene log, recording the names/title of all persons entering the crime scene and the reason for entering the crime scene. Access should be limited to those people having a legitimate need. . Training Commander Wells was asked if the Harvey Police Officers have any yearly mandatory training they must complete and if not, are officers provided any additional training. Commander Wells advised the only mandatory training is the annual firearms qualification training. He said the department occasionally sends officers to NEMERT training. He advised two officers were recently sent to a class for investigating the abuse of the elderly. RECOMMENDATION: V. The department should contact the Illinois State Police Crime Scene Services Unit, Master Sergeant Dan Likens -- CSI Field Supervisor and confer with M/Sgt. Likens regarding the most efficient approach for ISP to provide some basic training to supervisory and/or patrol personnel regarding crime scene protection by the initial responding ofticer(s). M/Sgt. Likens advised the auditors that ISP would work with the HPD to provide such training. INVESTIGATIONS (Response to violent crimes) A. Staffing At the time the audit began there were three (3) investigators assigned to handle all criminal investigations. Two (2) additional investigators are assigned to work juvenile criminal investigations. One of those detectives is assigned to the local high school as the high school resource officer. The juvenile investigators also provide assistance to the other investigators when their help is needed. All investigators reported directly to Commander Neal as there is no Sergeant 'assigned to the Investigations Division. The above staffing was revised while the audit was ongoing. The Investigation Commander was transferred as were two (2) of the three (3) detectives. A newly appointed Acting Commander was named and three new detectives appointed, bringing the complement of detectives handling investigations to four (4). A comparison of other suburban Cook County communities of similar demographics and crime statistics (Exhibit 3) reflects that the Harvey Police Department is understaffed in the investigative function in comparison to the other communities reviewed. The other communities allocate more resources to the investigative fimction and have lower violent crime numbers. In addition, the other south suburban communities are all members of Major Crime Task Forces, which multiplies their resources for investigations of Homicides, which are labor and personnel intensive. Furthermore, a review of caseloads for detectives found later in this report reflects that detectives are assigned an unrealistic number of cases. RECOMMENDATION: The department should increase the allocation of personnel in investigations so that caseloads can be given the attention needed to increase successfiil outcomes. B. Investigative Training The Harvey Police Department (I-IPD) currently sends each detective to a Basic Investigators Course as soon as possible after they are assigned to the detective division. The three (3) previous general assignment detectives all attended the course. Also 7' ds the detectives to a 40 hour Homicide Training Course. Only two (2) of the attended this course. A recent change in the investigation division has resulted in three new detectives assigned to the investigation division. These three detectives are currently waiting to attend the Basic Investigators Course and the 40 hour Homicide Training Course. The previous and current investigative commanders stated they try to send the detectives to other courses when training funds are available. RECOMNEENDATION: The following training courses should be mandatory training which each Harvey Police Department investigator is required to attend either prior to or within the first year the officer is assigned to investigations: Basic Investigators Course Interview and Interrogation Course Homicide Training Course Any additional training the department deems appropriate C. Personnel Selection Process FINDINGS: There is no formal process utilized for assignment to the Investigations Unit. The auditors were advised that when openings occur, officers are provided notice and requested to provide a memorandum expressing interest and then the Chief selects personnel who he believes have performed at the highest level over the past year or so. RECOMMENDATIONS: The department needs to develop a policy detailing the process for selection to the position of detective. Prior to assignment to investigations, the officer's original background investigation should be updated (Criminal History, Driver's License and Credit). The updated background investigations should have a minimum of two levels of review to ensure compliance with policy and a review of the results of the inquiries, for appropriateness for assignment to investigation. D. Shifts/On-Call Procedures The investigators are scheduled to work Monday Friday fiom 9 AM till 5 PM. In addition each detective is scheduled to be on call on a rotating basis for criminal investigations that occur after the designated shift. Each detective is on call for one week. RECOMMENDATION: The department should review the current workload and callout patterns to determine if the investigative personnel should be assigned to different work hours, enhancing coverage as dictated by the review. An adjustment of work schedules may also have the benefit of reducing overtime expenditures. E. Case Assignment, Tracking and Caseloads FINDINGS: The assignment and tracking of cases is done on a handwritten log (Exhibit 4) maintained in a three ring binder with a separate binder for each year. The log page collects the following: Report Date Incident Numb er Offense Type Location Detective (Assigned) Assign date Arrested Disposition A review of the 2011 binder found that it was divided into nine (9) different sections based on the crime offense (Miscellaneous/Aggravated Battery, Criminal Sexual Assault, Aggravated Assault/Armed Robbery-Person/Armed Robbery -- Business/Burglary Residence/Burglary Business/Warrant Service and Homicide) with a separate page for each crime offense. During a review conducted by Auditor Johnson of the 2010 binder, it was found that for certain types of crimes in certain months there was no page. While this might lead one to believe that there were no reported offenses for that particular crime category that month, that conclusion would be erroneous. There were only pages for two months for Homicides (September and October) documenting the assignment of two (2) Homicides. Yet it had been established through Harvey Police's own UCR reporting as well as the audit, that the department had ten (10) homicides in 2010. Also there were only pages for four months concerning Armed Robberies- Businesses, which seemed lower than might be expected. The review of the December 2010 log sheets reflected a total of ninety-nine (99) cases assigned to the three detectives comprising General Investigations, an average of thirty-three (33) per detective. The review of the July 2010 log sheets reflected a total of sixty-eight (68) cases assigned to the three detectives comprising General Investigations, an average of approximately twenty-three (23) per detective. Using these two months figures, if the averages for the other remaining months are similar the caseload for the Investigative Unit would be approximately 1,000 annually and exceed 300 per detective, far exceeding the 200 cases per detective per year provided by Commander Neal when interviewed. It also reflects a totally unrealistic caseload per detective. A review of the case assignment log for the one hundred sixty three cases (July December) reflects dispositions for sixty-six cases The most common disposition was "Investigation Discontinues, But Case Is Not Actually Closed" (60 of 66 of the cases reflected this disposition). Only three (3) cases were cleared by arrest. While the validity of the figures are questionable to their accuracy and the auditors suspect more cases may have been cleared; the case assignment log is indicative of poor record keeping of the investigations. The listed dispositions can only be interpreted as the investigative unit having a poor record of solving crime. On May 25, 2011, Auditor Johnson asked recently appointed Investigations Commander Shane Gordan if fonner Commander Neal had left him a listing of open cases assigned to each 8 detective. Gordan advised Neal had not. Johnson had previously asked Commander Neal to provide a listing of open cases assigned to each detective but never received the list. Johnson asked Gordan the process that would need to be followed to determine what open cases were assigned to each detective as well as all open Homicide cases. Gordan advised that a hand search would need to be made of the various binders over the years to separate out the cases and detective assigned. He added as the disposition field on the form was not accurate due to it frequently being left blank that then a hand search of each file (contained in approximately 12 file cabinets) would have to be made to determine that status. RECONIMENDATIONS The department should develop a computerized case assignment and tracking system that makes the tracking of cases assigned and status easier to manage. The department needs to do a better job of screening cases using solvability factors so as to expend time on cases that have little chance for being solved, when that time would be more productive for utilization for crimes with a greater potential for being cleared. A Secretary should be assigned to the Investigations Division to provide clerical support, freeing up time for the Commander and Detectives to focus more time on their core responsibilities. The department should increase the personnel in the investigations so that caseloads can be given the attention needed to increase successful outcomes. F. Facilities A review of the current Harvey Police Department facilities utilized for investigations and other available in-house facilities and equipment reflects that the department for the most part has the space, rooms and equipment needed for the department as well as accommodating a homicide task force. The department has two (2) interview rooms that are separated from each other. Both rooms have video/audio taping capabilities and interviews can be observed on a monitor located in the Investigation Commander's Office. Additional interview rooms for interviews of witnesses and victims also exist. The agency has a large roll-call/training room that could be utilized to hold briefings and for completing reports in the event of a task force call-out. Copying and fax machines are also available. Additional phone lines and expanded internet service would need to be addressed to accommodate the temporary housing of a task force. G. Intelligence FINDINGS: During the review of department reports, auditors observed a large number of reports contained the nicknames of subjects but not the true or full name of the subject. Establishing a database of nicknames coupled with the subj ect's actual name would aid detectives when given nicknames or aliases to determine these individuals true identity. By establishing the true identities of these witnesses/suspects the investigators could locate and interview these individuals in a timely fashion and which would assist in enhancing the department's abilities to bring the investigations to a successful conclusion. RECOMMENDATION: The department should develop an electronic nickname/alias database which would maintained by either the investigative division or the Special Operations Unit. The database would be accessible (input/output) to all Harvey Police Department personnel. H. Review of 2010 and random 2008-2009 Homicide/Death Investigations HOMICIDE INVESTIGATIONS FINDINGS: During the review of all 2010 and a random sample of 2008-2009 Homicide Investigative files the auditors found a number of the files did not contain any reports completed by detectives. In addition many of the files also had leads that needed to be followed-up. While reviewing these files, the auditors observed that the files were not well organized, making it difficult to follow the flow of the investigation. A review of fourteen (14) homicide investigative files was conducted as part of the overall audit. Based on this review the following is a listing of investigative steps that were not documented as having been performed or completed in accordance with accepted practices and standards for investigating this particular type of crime in the subject investigation: - No original incident report from Harvey Police Department Patrol Division - No mention in incident report of steps taken to protect crime scene. - No crime scene log of individuals entering crime scene. - No indication if an officer accompanied victim to hospital or to Medical Exarniner's office - No Medical Examiners report 10 No check of area for video surveillance cameras No mention of the victim's next of kin notified No canvass of area or effort to identify other potential witnesses Reports indicating that the witnesses were interviewed together and the Information placed on one report No indication in the suspect's interview report if the interview was taped In one case a typed memo appearing to be prepared by a secretary in the Mayor's Office documents an anonymous call with the caller reporting a suspect by full name. No report in file that any follow--up was done with this information Notes in file that appear to be from interview of witnesses -- not reduced to a report Notes in file regarding a number of potential suspects no reports of interviews reflecting follow-up other than next bullet Notes in file coupled with Miranda waiver suggests that one suspect was interviewed and denied involvement and gave a statement (unsigned) denying involvement but nothing reduced to the form of a report or follow--up to check alibi Miranda form in file for suspect, but no reports of the suspect's interview or DVD of interview in file No paramedics or firemen interviewed No interviews of initial responding police officers No interview reports of witnesses even though witnesses were identified No interview of relatives, friends regarding any issues/problems RB: victim Copy of DVD of suspect's confession not in case file Several DVDs in case file not marked if they are the suspect's interviews Three mini--cassettes in file are not marked as to what the tapes contain No photos or videotape of the in person line-ups or photo arrays in case file Two photo arrays in case file but no report or advisory form of who viewed the photo arrays or if anyone was identified fiom the photo arrays Buccal swab obtained from suspect but not submitted to forensic lab Gunshot residue kits were completed on two subjects - no reports on who completed the kits or why or when No ISP Evidence Receipt reflecting submission of evidence to ISP Laboratory It is clear that the department has not completed a thorough investigation on many of these cases. In addition there is an apparent lack of supervision regarding the cases investigated. 11 RECOMNEENDATIONS: The department needs to develop a report writing system that provides an easy and clear understanding of the entire homicide investigation. All homicide investigations should be reviewed on a regular basis by the Investigative Commander to ensure a thorough investigation is being completed. Evidence recovered needs to be evaluated to determine which items have evidentiary value and those items need to be sent to the forensic lab for analysis in a timely fashion. While on-site the auditors provided the department with a number of sample documents for their consideration for implementation. Among the documents were; -- Sample formats for reporting investigations utilized by the Illinois State Police, the Chicago Police Department and the South Suburban Major Crimes Task Force. -- A number of Checklists for various crimes including Homicide/Death/ Sudden Infant Death, Sexual Assault, Burglary, Major Crimes and a General Crime Checklist. - Case Review formats utilized in monitoring ongoing investigations and cases submitted for closure. - Sample rotating case review schedule for four detectives. DEATH INVESTIGATIONS FINDINGS: During the review of all 2010 Death Investigations Reports the auditors located four (4) reports that needed additional follow-up investigations completed. The investigative division was queried and they advised that they had not assigned or completed an investigation of these four death investigations. RECOMIVIENDATION: A copy of every death investigation report completed by the patrol division should be sent to the Investigative Commander to be reviewed within two (2) days. The commander 12 would then make the decision to assign a detective to follow--up the investigation as deemed appropriate, if a detective had not already been assigned. A. Review of 2010 and random 2008-2009 Aggravated Battery (with firearm) Investigations The review of all 2010 Aggravated Battery with Firearms reports consisted of thirty-seven (3 7) reports. From that number, the auditors found nineteen (19) reports that needed additional follow-up investigation. The other eighteen (18) reports reflected that no additional follow-up was conducted because the victim and/or witness(s) could not identify the suspect or refused to cooperate with the Harvey Police Department. Of the nineteen (19) cases the auditors identified requiring follow-up, only eleven (11) were assigned to detectives for follow-up. Of the eleven investigations the detective division could only locate six (6) investigative case files regarding these eleven aggravated battery cases. Eight of the eleven had evidence (shell casings) suitable for laboratory submission/analysis. A review of the six (6) investigative case files by auditors revealed that in five of the cases, evidence was not submitted to the ISP Forensic Lab for analysis. Five of the six investigative case files did not contain any reports from detectives. One case resulted in an arrest by detectives but the file only contained a report from one detective that pertained to a consent search of the suspect's residence. The only indication that a suspect was arrested and/or an interview was attempted, was found on a Cook County Felony 101 sheet contained in the file. Of the eight cases not assigned to a detective, five had evidence (shell casings) suitable for laboratory submission/analysis. A check with the evidence custodian reflected that evidence was not submitted for analysis on three (3) of the cases OVERVIEW Thirty-seven (3 7) Aggravated Battery with Firearm reports Nineteen (19) of the thirty-seven (37) reports needed additional follow--up Eleven (1 1) of the nineteen (19) cases were assigned to the HPD Detective Division . Six (6) of the eleven (1 1) had I-IPD Investigative Case Files opened . Thirteen (13) of the nineteen (19) cases had evidence suitable for lab analysis Eight (8) of the thirteen (13) cases had evidence submitted to the lab 13 RECOMMENDATION: A copy of every Aggravated Battery with Firearm report o11ce completed, reviewed and approved by the patrol division should immediately be sent to the Investigative Commander for review and the should be reviewed within two (2) days. The commander would then make the decision to assign a detective to follow-up the investigation as deemed appropriate, if a detective had not already been assigned. In addition any evidence suitable for submission to the ISP Forensic Laboratory should be submitted to the lab in a timely fashion. J. Relationships with other Criminal Justice Agencies The department needs to become more involved and develop closer working relationships with other law enforcement agencies and related criminal justice entities (State's Attorney, Department of Corrections - Parole Officers) as well as surrounding departments. Acting Commander Gordan recognizes this as evidenced by the six-month plan (Exhibit he provided to the Chief in conjunction with his appointment as Acting Commander of Investigations. In his plan he set goals to; 1. Develop a better working relationship with the State's Attomey's Office and 2. Develop a better working relationship with neighboring departments. He is correct on both goals. That said, the effort needs to be on the part of all department members starting at the top. K. Technical and Equipment Resources Acting Commander Gordan's six-month plan (Exhibit provided to the Chief listed the following equipment needed and/or desired to enhance the investigation unit's capabilities: 0 Two additional computers 0 Internet access for all investigative personnel In addition the following was identified: 0 Night vision equipment - Squad cars -- Additional cars (2) update existing fleet 0 Lexis/Nexis-Accurint for Law Enforcement - Critical Reach - CLEAR Access in the Investigations Office 0 Updated Windows Operating System 14 RECOMMENDATION The department should provide the equipment and resources identified, providing investigators the resources to more efficiently and more thoroughly investigate crime. L. Crime Scene Resources FINDINGS: The department has one trained evidence technician (Detective Crocker). The department relies on the Illinois State Police for processing of major crimes scenes Death Investigations, Homicides, Criminal Sexual Assaults, Attempt Murder and Aggravated Batteries) but ISP will 9_niy respond to property crimes when ISP Crime Scene personnel are on-duty and available without necessitating overtime. RECOMMENDATION: The department should train a number of additional officers as crime scene technicians so that the department has 24 hour coverage without necessitating calling out the lone technician on an overtime basis or occupying his on-duty time on crime scene work instead of his assigned investigative caseload. Consideration should be given to training a sufficient number of patrol officers/sergeants assigned to different shifts to maximize coverage and limit the need to utilize detectives as the Investigations Division is significantly understaffed. M. Lineups FINDINGS: During the review of investigative reports, auditors observed that detectives used inappropriate practices when preparing and conducting physical line-ups. These observations included completing several line-ups even though no suspect had been identified. These line-ups were completed by locating several individuals at local establishments who fit the physical characteristics given by witnesses and having them stand in the line-ups to see if they were identified as asuspect. This is not a good practice. Lineups should not be conducted unless the police have a solid belief they have identified the likely offender and placed him/her in the lineup. Also the files reviewed frequently lacked a photo or video of the line-ups that were conducted. 15 RECOMIVIENDATIONS: The department needs to develop a policy detailing the proper techniques needed to administer line-ups physical and photo arrays). The policy would include the use of an advisory form, photos taken of the physical line-up, a fonn showing who was in the line-up and any additional forms deemed appropriate for the conducting of line-ups. Each detective needs to attend a training class on the proper techniques used for line-ups. VI. BACKGROUND INVESTIGATIONS FINDINGS: NOTE: The last sworn hires by the Harvey Police Department were in 2009. The department does not have a written policy addressing the procedures and requirements for conducting background investigations for prospective employees. Commander Porter (Internal Afiairs) stated there is not a written policy addressing background Investigations. He advised the department recently developed a package of forms for use in conducting background investigations and to record the information gathered. Porter said the forms were developed in late 2010. Porter provided the forms to the auditors. Commander Porter said as part of the hiring process applicants must submit to a drug screen, a procedure that has been in place for several years. He said the department recently begun to do a examination for swom applicants. Porter advised while the completion of background investigations was a function assigned to internal Affairs, given that IA was now a one--person operation, that the background investigations are completed by the detectives in the Investigations Division. Commander Porter was asked where the completed files were kept and he advised he believed they were kept in the personnel files maintained in the Chief's office. The Chief as well as his assistant also advised that background investigations were kept in the personnel files. Commander Porter advised he reviews the investigations completed by the detectives. A review of ten (10) personnel files including three (3) of the most recent hires was conducted as part of the overall audit. Based on the review and the premise that the background investigations are filed in the personnel files, it is clear that the department has not completed thorough background investigations for several years. A number of the files reviewed had no documentation reflecting the following: 0 No interview of references 0 No interviews of former employers I No neighborhood check completed - No examination completed 0 Missing Original Application for Employment 16 No record of Fingerprint Submission Criminal History Response Copy of Driver's License -- No Date No follow--up documentation for off1cer's military service No record of medical examination No Driver's License abstract No waiver fioxn Applicant authorizing Release of Information No Firearms Owner Identification CFOID) Inquiry In the case of one recent hire (Name provided to Chief Eaves) there is nothing in file indicating any inquiry for any elements that comprise a background investigation. There is not even a computerized Criminal History Inquiry (CQH). RECOMMENDATIONS: VII. The department needs to develop a comprehensive policy detailing the background components that need to be completed for sworn and civilian positions. All completed background investigations should have a minimum of two levels of review to ensure compliance with policy and adequacy of investigation. Internal Affairs OPS should initiate Criminal History (CQH) inquiries for all sworn employees as well as civilian employees with access to sensitive department facilities, equipment or records every six (6) months. Also driver's license inquiries should be initiated every six (6) months for all employees who operate a department vehicle. The Chief should make a decision on what steps should be taken to verify that employees that have not had a full background investigation completed and on file, have at least some limited background investigation completed and on file. The steps outlined in the previous bullet may suffice, particularly for employees who have served for a year or more. EVIDENCE FINDINGS: A. Policy The department does not have a written policy governing the obtaining, documenting, storage, retention and disposal of evidence. The department operates on past practices as well as the evidence custodian's understanding of practices and ability to make the best decisions and adjust to the resources available to her. 17 B. Operation The department does not have a computerized evidence management system nor do they utilize a ledger. The system is solely based on the use of hand generated forms used to deposit, track and retrieve evidence for court. The department uses three (3) official internal forms to document the receipt, movement and disposition of evidence (Exhibit 6A-6C). The forms are: 1. Spreadsheet type form which is contained in a large binder at the fiont desk and captures the submitting Officer's Star Number Signature, Item Description and Serial (Case Report Number), Receiving C1erk's Signature -- Date Ti-me Signed In, Receipt Number and Comments, and Date/Time Removed Clerk's Signature (Exhibit 6A). 2. Multi~copy carbonless form used to capture the receipt and movement of evidence from point of recovery, To/From laboratory and release (Exhibit 6B). 3. Evidence Retrieval Form used by an officer requesting evidence for removal to court (Exhibit 6C). In addition to these fonns the Evidence Custodian (Barbara Revalee) has developed a form to document the destruction of evidence (Exhibit 6D). C. Internal Controls The agency does not conduct audits of any sort related to the evidence function. D. Physical Plant Security of Evidence Room The Evidence area has cinder block walls and a corrugated steel ceiling The Evidence area has fire retardant material along ceiling panel beams While the evidence area has an overhead sprinkler system, neither Chief Eaves nor Barbara Revalee (Evidence Custodian), knew if and when the sprinkler system was last inspected. On May 12, 2011, the auditors contacted Harvey Fire Department to gather additional information. Deputy Chief Willie Buie met with and accompanied auditors to the mechanical room located in the basement of the Police Department. No Inspection tag located on intake valve. Deputy Chief Buie advised he would send the Police Department a violation notice to alert them the need to obtain an inspection by an outside inspection firm. I8 Alarm System -- On May 12, 201 1, Auditor Johnson contacted Peter Miller at Security Systems, a vendor/contact previously provided by Barbara Revalee as the alarm contractor/contact for the police department. Mr. Miller advised that his company no longer services the alarm system for the Harvey Police Department. Mr. Miller was able to provided information for the current HPD alarm contractor -- Sentry Security, Wheeling, Illinois 11 May 12, 2011, Auditor Johnson made contact with Carla Freimark at Sentry. Ms. Freimark advised she was not able to provide the protocol in place for HPD without the pass code. When asked who at HPD would have the pass code, she was not sure. Ms. Freimark did advise that it appeared the contact list on file for HPD looked quite outdated. Johnson in turn requested that Ms. Freiimark e-mail Chief of Police Eaves with the information necessary so that the protocol could be obtained and suggesting that the contact list be updated. A separate area within the facility has a chain-link fence with a gate secured with padlock that runs to almost the ceiling. Video System -- The department's video system has camera coverage with recording capabilities covering the exterior door leading into the vault, the interior of the vault, the temporary storage safe The system capabilities that Harvey contracted for was storage or rty days but that the system has at least that and somewhat greater capabilities dependent on the activity in the area covered by the respective cameras. E. Random Audit of Evidence 1. Temporary Storage On May 02, 2011, Auditor Robert Johnson contacted Barbara Revalee and requested that she make copies of the "Property Inventory" forms provided with evidence during her time off from (04/28/11 1. The forms detail evidence that was placed in the wall safe located in the basement of the police department that is used to secure evidence when the evidence room is closed. Ms. Revalee provided the requested forms. An analysis of the forms indicates that forty-- three (43) exhibits were placed in temporary storage. The items included but were not limited to firearms, currency and drugs. The exhibits were for a variety of cases but not limited to Homicide, Robbery and Aggravated Unlawful Use of a Weapon. 19 2. Randomly Selected Cases Exhibits The auditors completed an evidence vault review which consisted of reviewing eight (8) homicide cases, three (3) death investigation cases and one (1) aggravated battery with a firearm case. Using information gleaned from the previously reviewed case files as to the evidence exhibits reported in the files, the auditors located the storage location for each case. The storage boxes were opened to determine if the exhibits for each case were contained therein or if not, ascertain their location forensic laboratory, states attorney's office, etc.) and if the appropriate documentation existed. The auditors also checked to determine if the evidence was packaged properly and if there was proper documentation on the evidence packaging. The review revealed the following deficiencies for the cases reviewed. The most common discrepancy was evidence found in the Evidence Vault that was not reflected in the detective'"s investigative file. Several cases also had exhibits in the vault which were not marked with an exhibit number. In addition, the Harvey Police Department evidence exhibit stickers were not completed properly. Additional discrepancies reflected evidence being submitted to the forensic lab but this information was not contained in the detective's investigative case file. In one case, evidence was not submitted to the forensic lab, even though the detective's investigative case file reflected a form was submitted to the vault to have several exhibits submitted to the lab. Reference is made to Exhibit 7 for a detailed report of each case reviewed. FINDINGS 1. During the audit period the auditors were made aware of a firearm that had been checked out of evidence for court on May 13, 2010 but that the firearm was not discovered missing until the Assistant State's Attorney on the case called in March 2011, needing the gun for trial - a period of some ten months after it had been removed from the Evidence Room. 2. The auditors while checking on items placed in temporary storage found an exhibit consisting of a "used condom" placed into evidence several months after the reported criminal sexual assault case in which it was apparently recovered albeit the initial report does not report the recovery and no supplementary report was found. 3. Interviews with a number of officers sergeants determined that key maintained by the sergeants for access to the wall safe located on the outer wall of the evidence room is provided to personnel to deposit evidence unaccompanied by a sergeant. This is contrary to the procedure the Chief believed was being followed. 20 4. When a detective requests that evidence be submitted to the ISP Forensic Laboratory for analysis, the detective completes an ISP form 6-36 (Evidence Receipt - pink form) and attaches the form to the evidence. The evidence and form are provided to the HPD Evidence Custodian, who electronically enters the evidence into the ISP CALMS (Computer Aided Laboratory Management System) Database. Once the evidence information has been entered into the database, the evidence is transported to the ISP Forensic Laboratory for analysis. At no time is the detective given a copy of any forms or paperwork regarding the evidence. RECOMMENDATIONS: A copy of the CALMS Database sheet should be given to the submitting detective to be placed into the case file. This will assist the detective and investigative supervisor to monitor the chain of custody of all evidence in each investigative case. The department should obtain a Computerized Evidence Management System. Ifcost is an issue, then the department should use a ledger to track evidence. The civilian unarmed Evidence Custodian should be escorted when transporting evidence to the laboratory. The department needs to develop a better system of checks and balances to monitor the return of evidence checked out for court. The department needs to obtain multiple temporary storage lockers that are used for the temporary storage of evidence by only one officer at a time. The department needs to record the time that evidence is placed in temporary storage as well as removed from same. The department needs to develop an audit/inspection process with each audit/inspection documented in writing. The process should include; 1. An inspection to determine adherence to the agency's written policies and procedures (need to be developed). These inspections should be conducted no less than semi- annually. 2. Unannounced inspections of the evidence storage area should be conducted at least once a year by the Chief or by a person designated by the Chief, who has no responsibility for the evidence function. 21 3. An audit of a significant number of evidentiary items held by the department should be conducted by a supervisor or command level officer who has no responsibility for the evidence function. These inspections should be conducted no less than semi-annually. The sprinkler system covering the evidence area needs to be tested to ensure it is in working order. EXTERNAL INTERVIEWS Assistant State's Attorney A1 Linn -- Supervisor Municipal District Assistant State's Attorney Joseph Kosman - Gang Prosecutions (6th District) Illinois State Police Crime Scene Investigators Local Detectives FINDINGS: The Assistant State's Attomey's advised that they were not in a position to discuss specific issues related to the Harvey Police Department because of the irnpoitance they and the Office of the State's Attorney placed in protecting the working relationship between their respective agencies. Two Illinois State Police Crime Scene Investigators (CSI's) were interviewed by the auditors regarding the services they provide to the Harvey Police Department. The CSI's have worked several crime scenes in Harvey. During the interviews the CSI's provided the auditors with positive and negative feedback regarding the processing of crime scenes in the City of Harvey. In addition they provided suggestions which would improve the working relationship between the investigators and the Harvey Police Department as well as enhance HPD's crime scene practices. The investigators advised the Harvey Police Department did a good job of securing the crime scene but on a few occasions the crime scene should have had a larger area cordoned off and secured. In addition, officers need to make sure that once a crime scene is secure, no one remains inside the crime scene and anyone entering the crime scene would have their name placed onto a crime scene log-in sheet. The investigators advised the Harvey Police Department has done an excellent job of making sure an officer or detective remains with the crime scene investigator while the crime scene is being processed. In addition, the Harvey Police Department has always had a detective available to accept evidence from the Crime Scene Investigators once all evidence has been collected. 22 The Crime Scene Investigators advised periodically they have submitted evidence to the forensic lab for analysis after speaking with an officer from the Harvey Police Department. The Crime Scene Investigators advised that they have also provided suggestions to the Harvey Police Department regarding the submission of evidence to the forensic lab that could provide additional leads in their cases. i '3 The Crime Scene Investigators advised the following tasks needs to be completed at every crime scene: - Crime scene taped off and secured - No one remains inside the crime scene family, friends) If anyone enters the crime scene their names need to be placed on a crime scene log A Harvey Police Department officer or detective must remain at the crime scene with the crime scene investigator A detective should attend all death investigations autopsies - Ifa detective is assigned to the case, the detective (if possible) should respond to the scene and speak with the Crime Scene Investigator. The detective should brief the CSI as to items he/she believe need to be identified and collected and the CSI can in turn, brief the detective on the processing of the crime scene and advise the detective of any other items he/she believes might be of value for collection andfor analysis - Harvey Police Department will always need to obtain consent to search or a search warrant when dealing with a suspect's property house, vehicle, etc.) Harvey Police Department officers need to submit standards when submitting evidence to the forensic lab for analysis The Crime Scene Investigators also provided the following suggestions to assist the Harvey Police Department for handling crime scenes. Have a written policy for handling crime scenes - Provide training to all Harvey Police Department officers regarding the handling of crime scenes The local detectives interviewed had a limited working relationship with I-IPD detectives and officers. 23 RECOMMENDATION: The HPD investigators should make a concerted effort to become more involved in local detective meetings as well as fostering closer relationships with detectives from bordering towns. CONCLUDING COMIVIENTS: While this report points out a number of areas in which the Harvey Police Department can improve its operations, the auditors met a number of officers and employees that were clearly devoted to providing quality services to the citizens of Harvey and serving the department to the best of their abilities. The auditors hope their efforts are not in vain and that the management of the department and elected ofiicials do their best to implement the provided recommendations. Implernentation of the recommendations will improve the department's operations, personnel and result in better police service for the city's citizens. 24 CITY OF HARVEY OFFICE OF THE CORPORATION COUNSEL 15320 BROADWAY AVENUE HARVEY. ILLINOIS 60426-7539 OFFICE (703) 210-5357 FAX (703) 596-3587 ERIC J. KELLOGG E. LEVVIS MAYOR ATTORNEY AT LAW CORPORATION COUNSEL June 29, 2012 Timothyl. McCarthy Chairman of the Board South Suburban Major Crimes Task Force PO Box 423 Chicago Ridge, II. 60415 Re: Harvey Police Department': application for membership to the Chief McCarthy, Please allow this correspondence to serve as a formal response to your correspondence dated May 9, 2012 in reference to the application made by the Harvey Police Department (hereinafter for membership into the South Suburban Major Crimes Task Force (hereinafter The Board of Directors asked and the department agreed to retain the services of Robert Johnson and Brian Williams to do an audit of Selected Operations of the HPD. From this audit came a "Report on the Audit of Selected Operations ofthe Harvey Police Department" which made a number of recommendations with regard to the operations of the department. Below please find a detailed summary of the specific measures the department has taken In regard to the recommendations made by the auditors. 1. Recommendation: The HPD should develop policies for Evidence, Investigation, dk Background Investigations, Training, Intelligence and Confidential Sources (informants) and related funds for the purchase of evidence and/or payment of informants. Action Taken: Please see attached Exhibit A. The department is working on developing an Intelligence policy. 2. Recommendation: The department should use a standardized crime scene log, recording na mes/titles of all persons entering the crime scene and the reason for entering the crime scene. Access should be limited to those people having a legitimate need to be there. Action Taken: Crime Scene Log Sheet has been created and is currently awaiting approval from the Chiefs Office. 3. Recommendation: The department should contact the Illinois State Police Crime Scene Services Unit, Master Sergeant Dan Likens-CSI Field Supervisor (815-740-5360) and confer with M/Sgt. Likens regarding the most efficient approach for ISP to provide some basic training to supervisory and/or patrol personnel regarding crime scene protection by the initial responding officer(s). Action Taken: The HPD has contacted Heather Poerio ofthe Illinois State Police Crime Scene Services and are currently awaiting dates for training on crime scene protection. Please note Master Sergeant Likens is no longer the contact person. 4. Recommendation: The following training courses should be mandatory training which each Harvey Police Department investigator is required to attend either prior to or within the first year the officer is assigned to investigations: Basic Investigators Course, interview and Interrogation Course, Homicide Training Course, and any additional training the department deems appropriate. Action Ta ken: All HPD investigators have taken the Basic Investigations Course, the Interview and interrogation Course and the Lead Homicide investigator Course. All HPD detectives have various additional training in other areas of investigations which will be available on request from their personnel files. 5. Recommendation: The department should review the current workload and callout IF patterns to determine if the investigative personnel should be assigned to different work hours, enhancing coverage as dictated by the review. Action Taken: The HPD would need to see the review and its recommendations in order to address shift coverage in the investigations Division. The HPD is interested in the recommendations of the auditors in this area and would like to speak with them after reading their review. Overtime for court appearances would be a concern if detectives were assigned to an alternate shift. 6. Recommendation: The department should develop an electronic nickname/alias database which would be maintained by either the investigative division or the Special Operations Unit. Action Taken: The HPD believes an electronic nickname/alias database would be beneficial. A database in which one identifier could be entered and would cross reference all other identifiers would be useful. For example if a nickname was entered it would provide all information on everyone who uses that nickname. 7. Recommendation: The department needs to develop a report writing system that provides it an easy and clear understanding of the entire homicide investigation. Action Taken: Report writing on homicides is done through supplement reports which Commander Gordon reviews. Supplements are up to date and chronological. 8. Recommendation: All homicide investigations should be reviewed on a regular basis by the investigative Commander to ensure a thorough investigation is being completed. Action Taken: Weekly reviews are conducted with each detective and all open cases are reviewed. Homicides are given extra attention during these reviews. The HPD investigators have been meeting regularly with members of the who have also reviewed and assisted on open homicides. 9. Recommendation: Evidence recovered needs to be evaluated to determine which items have evidentiary value and those items need to be sent to the forensic lab for analysis in a timely fashion. Action Taken: Evidence is sent to the ISP Crime Lab in a timely fashion. Commander Gordon has met with Robin Woolery, director of the lab on several cases to conduct review. 10. Recommendation: The department needs to do a better job of screening cases using solvability factors so as to expend time on cases that have little chance of being solved. Action Taken: The HPD has created a screening process using the solvability factors of evidence collected, witnesses, victim cooperation and seriousness of offense before assigning cases. All forcible felonies are assigned. 11. Recommendation: The HPD investigators should make a concerted effort to become more involved in local detective meetings as well as fostering closer relationships with detectives from bordering towns. 12. 13. Action Taken: Commander Gordon of the HPD has attended local detectives meetings and the HPD investigators will make an effort to attend more often. The HPD has improved its relationship with the Cook County State's Attorney's Office working closely with Dep. Sup. Tom Driscoll. The HPD has also created an excellent working relationship with the Cold Case Unit who Is assisting the HPD in a triple homicide from 2010. The HPD has had great success working with the in the Cook County Department of Corrections. Recommendation: A copy of the CALMS database sheet should be given to the submitting detective to be placed into the case file. This will assist the detective and investigative supervisor to monitor the chain of custody of all evidence in each investigative case. Action Taken: CALMS database sheets are being forwarded to each detective by Evidence Officer Revalee. Recommendation: The department needs to utilize multiple temporary storage lockers that 35 are used for the temporary storage of evidence by only one officer at a time. Action Taken: Lockers are in the sallyport at HPD with installation pending. Thank you for your consideration. Should you have any questions or require additional information feel free to contact me. Regards, Bettie E. Lewis Enc. South Suburban Major Crimes Taskforoe Follow-up Assessment Report Of The City of Harvey, Illinois PD December 14th, 2012 Evaluators Chief Ray Roberson and Chief Pat 0'Connor On Friday, December 14th, 2012 the South Suburban Major Crimes Taskforce conducted a follow up assessment for the City of Harvey, Police Department. The assessment was conducted in the City of Harvey Police Department. The Assessors were Chiefs Pat O'Connor and Ray Roberson. The members of the assessment team evaluated selected performance criteria as in noted areas of deficiencies as noted in the 2011 Harvey PD evaluation. This was a follow up review for the August 2011 report completed by the Illinois Association of Chiefs of Police and commissioned by the City of Harvey. The following comments were noted by those assessors: The Assessors were greeted at Harvey PD at 900am in the department Conference Room. Present during the first phase of the session were: Chief Denard Eaves, Deputy Chief Neal, Assistant to the Chief, Sandra Alvarado and Village Attorney Bettie Lewis. Positive actions taken by Harvey as a result of the 2011 Report *They have made significant progress in developing policies They produced many of the recommended policies discussed in the 2011 Report. Many were relatively new and as cited were in varying degrees of implementation. They have installed evidence lockers and eliminated the use of the drop vault. Every indication is that their new system has eliminated the use of the vault. When spot checked by evaluators, the vault was unlocked and empty. They have updated computers throughout the building. Significant work has been done to bring technology to the department; while they still struggle with getting all familiar with its use. They have made some significant steps. *They have provided Investigators several training courses, while more are needed; general training is undenivay. *Created a case log for investigators. A central investigations log has been created to track the cases and their progress. Anew Commander has been put into the investigations unit. This Commander reviews all reports and evaluates the actions and or progress of the investigators in his division during weekly case meetings. *The lnvestigations Commander rates the solvability of cases before assignment to an investigator and has enlisted Cook County Cold Case Investigators to assist him with Cold Cases he is reviewing. *They have begun a mandatory training program for all new officers that is standardized, and also appointed an officer as the departmental training officer. (The prescribed program is an in--house Training Program lasting only 4--6 weeks). *The Chiefs Assistant and Deputy Chief seem very engaged in the process of upgrading the department. (We couldn't ascertain how deeply the training has moved out into the rank and file. Many of the policies were relatively new). *The Chief and his Command staff were very helpful and gave us free rein to question and request of staff documents that we needed. *The Investigations Commander seemed committed and aware of the expectations placed on him for oversight by the Command staff. *The evidence Room Tech seemed very capable in her knowledge of what was where in the room. (Although I must say her system was a bit confusing and I'm not sure if something were to happen to her; the department would be sure what was where). Noted Improvements needed *The Evidence rooms needs a complete audit and method to determine what evidence is out and what has been returned. They discussed a case where an officer was terminated for misallocating a weapon that was in evidence and turned over to her for court. It was found that although they did a good job in tracking the weapon once the ASA asked for it. There is no system in place to act as a "tickler file" to indicate that it was missing in a reasonable amount of time after being signed out. They indicated they were trying to find funding for software to perform the function, but assessors indicated a simple evidence out file; checked weekly in a "Paper Log" binder would have indicated the weapon had not been returned from court that week. This basic control should be immediately instituted. lt was also unclear if the weapon had been entered into LEADS in the interview process. There is nothing in their policy that discusses disposal methods of evidence after court in terms of methodology. While they can discuss with us what they do; it should be noted in the policy and a review date listed for the room be set up for the audit. Investigators Backqround Investigations the 2011 report discussed the need for Investigators background files to made and maintained. While they were forthcoming as we asked for CQH, FOID, and DL checks they were being run as we asked for them and have never been implemented as policy. I would hope a file for each investigator would be established and maintained in their personal file. Department trainincl Not all officers have been trained in proper evidence handling at the scene or conducting basic line ups within their new policy. This is in progress at this time. Basic training is overseen by an officer with tactical experience; but no formalized Field Training background. The Chief was advised that their 4-6 week program most likely not be useful and a formalized training program such as: "The San Jose or Sockolov model" would promote basic training in a formalized training methodology that has been tested in court and is supported with a Field Training Supervisor program, would serve the department well. These programs provide baseline training in a 16-18 week standardized program. There also is a "Special Operations Component" attached to their investigations division. Several of these officers had CQH issues in their past that should raise questions as to their viability. Needs follow up to determine Are lab submissions being conducted in a timely manner? Are newly created crime scene logs really being utilized? Do their newly trained ET's have the basic tools necessary to perform the function? We did not get a chance to look over an actual homicide case for quality of reports, investigative follow-ups and evidence handling. Verify Crime Scene Protection Training from ISP, and how many officers actually were trained. Verify cases with Cook County Cold Case Unit. Final discussion and recommendations The Assessors must commend the Harvey PD for their efforts to this point but significant work must be done in the areas noted above. The condition and inventory system along with an evidence control system must be implemented, inspected, and tested by the department. A way to find what is out on a timely basis is essential for Major case Integrity and Prosecution. All officers must be trained on proper crime scene protection with a "first at scene training". This should be documented in the FTO program level. General Order training must be done through roll call and sign off sheets for all new policies while and property disposal audit must be covered in their policy. Who does it, when, (time of year) and how do we dispose of the property. While ourtime was limited and the Command staff helpful, several significant issues addressed in this report should be corrected before admitting Harvey into the Taskforce at this time. Submitted to the Board by Chiefs Pat O'Connor and Ray Roberson 1/3/2013