Comprehensive Evaluation of the St. Louis Metropolitan Police Department (SLMPD) by the Ethical Society of Police July 2016 Page 1 of 112 Copyright 2016 © Ethical Society of Police Table of Contents ABOUT THE ETHICAL SOCIETY OF POLICE (E.S.O.P.) 3 PART I – CITY OF ST. LOUIS & SLMPD M AKEUP – TRANSFERS & PROMOTIONS 3 EXECUTIVE SUMMARY 3 SECTION I: DEMOGRAPHICS OF THE CITY OF ST. LOUIS AND SLMPD 7 P O P U L A T IO N O F T H E C IT Y O F S T . L O U IS - R E P O R T E D A S O F J U L Y 1 S T , 2015 7 THE DEMOGRAPHICS OF SLMPD ON FEBRUARY 15TH 2016 7 SLMPD COMMANDERS (LIEUTENANTS, CAPTAINS, M AJORS, COLONELS) O N F E B R U A R Y 15 T H 2016 8 COVETED SPECIALIZED UNITS WITHIN SLMPD ON FEBRUARY 15TH 2016 8 SECTION II: 2015 AND 2016 SLMPD ARREST APPREHENSION LISTING FOR ADULTS 18 YEARS OF AGE AND OLDER 15 ARRESTEES FROM JANUARY 2015 - DECEMBER 2015 FROM THE SLMPD A R R E S T A P P R E H E N S IO N L IS T IN G 15 PERCENTAGE OF ARREST TOTALS FOR 2015 15 TOTAL 16 PERCENTAGE OF DRUG ARREST TOTAL FOR 2015 16 W EAPON ARREST TOTAL JANUARY 2015 - DECEMBER 2015 FROM THE SLMPD ARREST APPREHENSION LISTING 16 PERCENTAGE OF W EAPONS ARREST TOTAL FOR 2015 16 TOTAL ARRESTEES FROM JANUARY 2016 - M AY 2016 FROM THE SLMPD ARREST APPREHENSION LISTING FOR ADULTS 18 YEARS OF AGE AND OLDER 17 ARRESTEES FROM JANUARY 2016 - M AY 2016 ARREST APPREHENSION LISTING 17 TOTAL 17 PERCENTAGE OF ARREST TOTAL FOR 2016 17 TOTAL 17 PERCENTAGE OF DRUG ARREST TOTAL FOR 2016 18 W EAPON ARREST TOTAL JANUARY 2016 – M AY 2016 FROM THE SLMPD ARREST APPREHENSION LISTING 18 PERCENTAGE OF W EAPONS ARREST TOTAL FOR 2016 18 SECTION III: RACIAL PROFILING DATA FOR 2012, 2013, 2014, AND 2015 FOR THE CITY OF ST. LOUIS 18 RACIAL PROFILING DATA FOR 2012 - CITY OF ST. LOUIS 18 RACIAL PROFILING DATA FOR 2013 - CITY OF ST. LOUIS 20 RACIAL PROFILING DATA FOR 2014 - CITY OF ST. LOUIS 21 RACIAL PROFILING DATA FOR 2015 - CITY OF ST. LOUIS 23 SECTION IV: DIVERSITY AND HIRING 25 SECTION V: TRANSFERS – EXAMPLES OF THE IMPORTANCE OF DIVERSITY, A LACK OF DIVERSITY IN COVETED CRIMINAL INVESTIGATIVE POSITIONS, CRONYISM, AND INEXPLICABLE EXCLUSION 27 SECTION VI: DIVERSITY CHALLENGES WITH THE SLPOA (CBA) 35 SECTION VII: PROMOTIONS – EXAMPLES OF CRONYISM, CHEATING, & BIASES 36 SECTION VIII: INTERNAL ASSESSORS, IMPORTANCE OF RECORDING THE PROMOTIONAL PROCESS 42 SECTION IX - CONSISTENT PROMOTIONAL TRAINING 43 PART II – CRIME 43 EXECUTIVE SUMMARY 43 SECTION I: PROBLEMS WITH ATTRITION 44 Page 2 of 112 Copyright 2016 © Ethical Society of Police SECTION II: THE PROBLEMS WITH HOT SPOT POLICING SECTION III – REDISTRICTING SECTION IV - NO NARCOTICS/VICE SECTION W ITHIN SLMPD & M URDER STATISTICS SECTION V: HOMICIDE STATISTICS, LOCATION OF HOMICIDES, AND M ANPOWER IN THE HOMICIDE SECTION SECTION VI - CRIME IN DOWNTOWN ST. LOUIS VS. EVERYWHERE ELSE PART III – DISCIPLINE EXECUTIVE SUMMARY SECTION I - ADMINISTRATIVE SUSPENSION SECTION II - FORCED LEAVE SECTION III - ARRESTING VICTIMS, CRIMINAL BACKGROUND CHECKS OF VICTIMS SECTION IV - STAGNANT & M ISINFORMATION IN INVESTIGATIONS SECTION V - PHOTOGRAPHS OF OFFICERS RELEASED WITHOUT W ARRANTS ISSUED SECTION VI - M ISLEADING INFORMATION PREPARED IN INTERNAL INVESTIGATIONS SECTION VII – OFFICER REPRESENTATION SECTION VIII: EXAMPLES OF SUBJECTIVE DISCIPLINE CONCLUSIONS BIBLIOGRAPHY 45 46 50 51 53 57 57 60 61 61 62 63 64 65 66 103 103 About the Ethical Society of Police (E.S.O.P.) The Ethical Society of Police (E.S.O.P.) was founded in 1968 by African-American Officers to address racial biases within the St. Louis Metropolitan Police Department (SLMPD) and to bridge the gap between the police and the community. Our organization is open to officers and civilians of various races, sexes, genders, sexual orientations, and religions. The E.S.O.P. represents approximately two hundred and twenty police officers and civilians employed by the City of St. Louis. Part I – City of St. Louis & SLMPD Makeup – Transfers & Promotions Executive Summary The information outlined in this document reflects the views of the E.S.O.P. and not those of the St. Louis Metropolitan Police Department (SLMPD) or the City of St. Louis. This document was created under the Rights outlined in the First Amendment of the United States Constitution. This document should not be reproduced for public assimilation. The purpose of the document is to provide the St. Louis City Board of Alderman, Mayor, Human Resource Manager, the Public Safety Director, and the Director of Personnel an internal view of SLMPD procedures that have adversely impacted officers, specifically African-Americans. The document also outlines practices by Chief Doyle Samuel Dotson that are believed to be biased, ineffective, Page 3 of 112 Copyright 2016 © Ethical Society of Police and inconsistent. The E.S.O.P. membership provides it with a unique perspective and obligation to monitor and rectify issues of ethics, disparities, racism, and other biases brought to our attention. The issues discussed within this document have occurred in the community and within SLMPD. The majority of officers and civilians within the SLMPD are dedicated and hardworking. Too many of them must contend with unwritten, written, and subjective practices that have hindered their professional growth with promotions to higher ranks in command and assignments in coveted positions. Cronyism, favoritism, and other biases have been problematic for officers and civilians. These biases have played an unfair role in discipline, promotions, and transfers. Bias decisions can sap the zeal out of veteran officers and civilians and alienate highly qualified men and women. Cronyism, favoritism, and other biases have continued under Chief Dotson’s leadership, but have existed for decades under various leaders within SLMPD. Some internal practices and the Collective Bargaining Agreement (CBA) have also been instrumental in excluding qualified officers in many key positions and roles within the police department. This exclusion is seen in the lack of African-American commanders and African-American officers in coveted specialized units. Inexplicable discipline practices also exist along racial lines and internal affiliation. Being affiliated with high-ranking commanders has afforded some officers the ability to escape the discipline they deserve and to have their criminal infractions overlooked. Discipline should never vary along racial lines, or with internal affiliation. However, this does not appear to be the case within SLMPD. The population of the City of St. Louis is roughly an even split between Caucasians and African-Americans. Each makes up approximately 47.5 percent of the City’s population. (U.S. Census. City of St. Louis, 2015). Asian, Hispanic, Latino, and other races make up the remainder of the population. African-Americans represent just slightly over a third of officers, but roughly 24 percent of the command structure. Asians, Hispanics, Latinos, and other races have fewer numbers, representing just 3% of all officers within SLMPD. The E.S.O.P. membership is 99% African-American, therefore this document focuses mostly on disparities that affect AfricanAmericans. The E.S.O.P. recognizes the lack of Asian, Hispanic, Latino, and other races within SLMPD and believe their numbers are alarming and warrant a review to improve SLMPD hiring practices. A lack of diversity is particularly striking in several coveted specialized units. Statistics provided to the E.S.O.P. on February 15th, 2016, indicated Caucasians made up 80 percent or more of the officers of the Force Investigative Unit; Realtime Crime Center; Special Operations; Bureau of Enforcement; Crime Lab; Fraud/Cyber Crimes; Bomb/Arson; and Districts 1-6 Detective Bureaus. The lack of participation of qualified minorities, specifically AfricanPage 4 of 112 Copyright 2016 © Ethical Society of Police Americans in these specialized assignments hinder the ability of these minority officers to gain broader experience to integrate into command positions. Having a diverse group of police officers serving the public is important to SLMPD connecting with the diverse community in which we live. Improving diversity has to become a priority for all SLMPD commanders and others in positions of change. The Office of the Chief and the Office of the Assistant Chief are 80 percent Caucasian as well. Chief Dotson has surrounded himself at the highest levels and in the most premium assignments with a cadre of supervisors who are not reflective of the diverse population for whose safety he is responsible. Eliminating racial disparity and other biases wherever possible is critical to the success of all police agencies, in general, and SLMPD in particular. “There is an equivalent need to recognize that some members of policing agencies identify as individuals of color, have deep connections with communities of color in their jurisdiction, or both. These police personnel can serve as in-house resources who might understand the unique public safety needs and concerns of various communities.” (COPS-DOJ, 2016). In addition to racial equality, the E.S.O.P. recognizes the need for sound policies, effective crime strategies, and morale building decisions from Chief Dotson. Also, Chief Dotson’s leadership decisions at times have had a profound effect on officer morale. In 2014, Chief Dotson referred to “some” SLMPD Officers as “slugs.” (Currier, Joel, 2014). The vitriol behind his statements broadened the disconnect between him and many SLMPD police officers, causing officers, of all races to feel undervalued. “Civility, tact, and gracefulness are sophisticated leadership skills that facilitate greater employee pride, self-respect, purpose in our work, and enhancement of our product.” (Toxic Boss Blues: Fighting Back Against Poor Leadership, 3/17/2014). Referring to officers as “slugs” had a negative impact on motivating officers to have “purpose” in their “work.” The Chief of Police, as the leader of a major metropolitan police department must be able to use tact while speaking publicly about officers who place their lives on the line everyday. “Mean spirited, malicious, discourteous, discriminatory, or deliberately hurtful behavior towards law enforcement officers by their bosses should never be acceptable. The “contempt of cops” by those in the chain of command creates toxic boss blues.” (Toxic Boss Blues: Fighting Back Against Poor Leadership, 3/17/2014). Many officers viewed Chief Dotson’s statements as “toxic.” On November 24, 2015, the E.S.O.P. held a press conference in which the organization announced “No Confidence” in Chief Dotson. This was based on inconsistent practices, ineffective practices, and low morale among many officers and civilians. The E.S.O.P. has met with Chief Dotson with outside help with mediation; however, many of our suggestions about Page 5 of 112 Copyright 2016 © Ethical Society of Police consistency with promotions, discipline, and transfers have been ignored. One of the goals of the E.S.O.P. is to eliminate ineffective internal practices that adversely impact our membership and the community. Please note, African-American Officers and civilians aren’t seeking a “free pass” for promotions, transfers, and discipline. These officers simply want to be measured “objectively,” which would allow qualified African-American to receive equal consideration and treatment in regards to discipline, job placement, and promotions. Part I focuses on biases with some transfers, new hires, and promotions. Part I outlines numerous examples of bias practices. Part II addresses Redistricting, Hot Spot Policing, and the lack of a Narcotics/Vice Section, Homicides, and Patrolling Downtown versus other areas in the City of St. Louis. Part III will focus on discipline and outlines over forty examples of discipline that have been inexplicably inconsistent when compared to other discipline. Part IV will address police brutality, premeditated assaults on law enforcement, the need for body worn cameras, and the need for officer-involved shootings to be reviewed and prosecuted by an independent entity, outside of the Circuit Attorney’s Office. Part V will address civilian concerns in regards to cronyism, racism, and sexism. Part VI will focus on the staggering level of violence in the inner city, systemic factors within poor and minority communities that often leads to crime, and how the inner city is policed. Part VII will focus on solutions. Parts IV, V, VI and VII will be released at a later date. Copies of this document will be provided to Chief Doyle Samuel Dotson, Mayor Francis Slay, the St. Louis City Board of Alderman, the Director of Public Safety, the Human Resource Manager, and the Director of Personnel, because they create laws, statutes, enforce internal and external police practices and policies. Any reproduction or transfer of this document is prohibited. The following will be addressed in Part I: • • • • • • Demographics of SLMPD and the City of St. Louis. Racial profiling data for 2012, 2013, 2014, and 2015. Lack of diversity, cronyism, and other biases with transfers. Lack of diversity in coveted criminal investigative units. How the Officer’s Collective Bargaining Agreement (CBA) has hindered diversity in some coveted specialized units. Lack of diversity, cronyism, and other biases with the promotional process. Note: SLMPD Statistics from coveted units after February 15th, 2016, are not reflected in the next section of this document. Statistics are rounded to the nearest one. Example: (38.874) is 39. Page 6 of 112 Copyright 2016 © Ethical Society of Police Section I: Demographics of the City of St. Louis and SLMPD Population of the City of St. Louis - Reported as of July 1st, 2015 • 315, 685 (US Census, City of St. Louis, 2015). • • • • 47% 47% 3% 4% Caucasian African-American Asian Hispanic, Latino, and other races (US Census, City of St. Louis, 2015). The Demographics of SLMPD on February 15th 2016 • • • 63% 34% 3% Caucasian (Eight hundred twenty-eight) African American (Four hundred forty-seven) Asian, Hispanic, Latino, and other races (Forty-two) Colonels within SLMPD on February 15th 2016: • • • 80% 20% 0% Caucasian (Four to include the Chief) African-American (One) Asian, Hispanic, Latino, and other races Majors within SLMPD on February 15th 2016: • • • 67% 33% 0% Caucasian (Four) African-American (Two) Asian, Hispanic, Latino, and other races Captains within SLMPD on February 15th 2016: • • • 73% 27% 0% Caucasian (Eight) African-American (Three) Asian, Hispanic, Latino, and other races Page 7 of 112 Copyright 2016 © Ethical Society of Police Lieutenants within SLMPD on February 15th 2016: • • • 75% 23% 1% Caucasian (Forty-nine) African-American (Fifteen) Asian, Hispanic, Latino, and other races (One) Sergeants within SLMPD on February 15th 2016: • • • 68% 31% 1% Caucasian (One hundred thirty-four) African-American (Sixty-six) Asian, Hispanic, Latino, and other races (Three) SLMPD Commanders (Lieutenants, Captains, Majors, Colonels) on February 15th 2016 • • • 75% 24% 1% Caucasian (Sixty-five) African-American (Twenty-one) Asian, Hispanic, Latino, and other races (One) Coveted Specialized Units within SLMPD on February 15th 2016 Office of the Chief on February 15th 2016: Please note, some of these numbers have slightly changed since these numbers were obtained. • • • 80% 20% 0% Caucasian (Four) African-American (One) Asian, Hispanic, Latino, and other races Office of the Assistant Chief on February 15th 2016: • • • 83% 17% 0% Caucasian (Five) African-American (One) Asian, Hispanic, Latino, and other races Intelligence on February 15th 2016: • 74% Caucasian (Twenty-Nine) Page 8 of 112 Copyright 2016 © Ethical Society of Police • • 24% 3% African-American (Nine) Asian, Hispanic, Latino, and other races (One) Bureau of Operations on February 15th 2016: • • • 75% 25% 0% Caucasian (Three) African-American (One) Asian, Hispanic, Latino, and other races Bureau of Enforcement on February 15th 2016: • • • 88% 13% 0% Caucasian (Seven) African-American (One) Asian, Hispanic, Latino, and other races Force Investigative Unit on February 15th 2016: • 100% Caucasian (Five) Internal Affairs on February 15th 2016: • • • 64% 36% 0% Caucasian (Seven) African-American (Four) Asian, Hispanic, Latino, and other races Realtime Crime Center on February 15th 2016: • • • 89% 11% 0% Caucasian (Eight) African-American (One) Asian, Hispanic, Latino, and other races Special Operations on February 15th 2016: • • • 80% 20% 0% Caucasian (Forty-Eight) African-American (Twelve) Asian, Hispanic, Latino, and other races Special Operations Detective Supervisors/Commanders on February 15th 2016: Page 9 of 112 Copyright 2016 © Ethical Society of Police • • • 91% 9% 0% Caucasian (Ten) African-American (One) Asian, Hispanic, Latino, and other races Juvenile on February 15th 2016: • • • 20% 80% 0% Caucasian (Three) African-American (Twelve) Asian, Hispanic, Latino, and other races Canine on February 15th 2016: • • • 54% 45% 0% Caucasian (Six) African-American (Five) Asian, Hispanic, Latino, and other races Operational Planning on February 15th 2016: • 100% Caucasian (Two) Laboratory on February 15th 2016: • • • 85% 10% 5% Caucasian (Sixteen) African-American (Two) Asian, Hispanic, Latino, and other races (One) Community Outreach on February 15th 2016: • • • 67% 33% 0% Caucasian (Four) African-American (Two) Asian, Hispanic, Latino, and other races Fraud/Cyber Crimes on February 15th 2016: • • • 80% 20% 0% Caucasian (Four) African-American (One) Asian, Hispanic, Latino, and other races Page 10 of 112 Copyright 2016 © Ethical Society of Police Warrant Fugitive on February 15th 2016: • • • 43% 57% 0% Caucasian (Six) African-American (Eight) Asian, Hispanic, Latino, and other races SWAT/HRT on February 15th 2016: • • • 74% 26% 0% Caucasian (Seventeen) African-American (Six) Asian, Hispanic, Latino, and other races Homicide Detectives (Including Supervisors) on February 15th 2016: • • • 72% 28% 0% Caucasian (Twenty-Five) African-American (Six) Asian, Hispanic, Latino, and other races *Note: 79% of Detectives at the rank of Officer are Caucasian, and 57% of supervisors are African-American. Sex Crimes/Child Abuse on February 15th 2016: • • • 67% 33% 0% Caucasian (Twelve) African-American (Six) Asian, Hispanic, Latino, and other races Domestic Abuse Response Team on February 15th 2016: • • • 28% 71% 0% Caucasian (Two) African-American (Five) Asian, Hispanic, Latino, and other races Bombing and Arson on February 15th 2016: • 100% Caucasian (Four) Crime Analysis on February 15th 2016: Page 11 of 112 Copyright 2016 © Ethical Society of Police • • • 0% 0% 100% Caucasian African-American Asian, Hispanic, Latino, and other races (One) North Patrol Detectives on February 15th 2016: • • • 67% 33% 0% Caucasian (Fourteen) African-American (Seven) Asian, Hispanic, Latino, and other races North Patrol Detective Sergeants on February 15th 2016: • • • 75% 25% 0% Caucasian (Three) African-American (One) Asian, Hispanic, Latino, and other races South Patrol Detectives on February 15th 2016: • • • 91% 4% 4% Caucasian (Twenty-One) African-American (One) Asian, Hispanic, Latino, and other races (One) South Patrol Detective Supervisors on February 15th 2016: • 100% Caucasian (Four Detective Supervisors) Central Patrol Detectives on February 15th 2016: • • • 76% 18% 0% Caucasian (Sixteen) African-American (Five) Asian, Hispanic, Latino, and other races Central Patrol Detective Supervisors on February 15th 2016: • • • 75% 25% 0% Caucasian (Three) African-American (One) Asian, Hispanic, Latino, and other races Page 12 of 112 Copyright 2016 © Ethical Society of Police Detective Bureau Detectives Assigned to Districts (1-6) on February 15th 2016: • • • 80% 18% 2% Caucasian (Fifty-Two) African-American (Twelve) Asian, Hispanic, Latino, and other races (One) Detective Bureau Sergeants Assigned to Districts (1-6) on February 15th 2016: • • • 83% 17% 0% Caucasian (Ten) African-American (Two) Asian, Hispanic, Latino, and other races Housing on February 15th 2016: • • • 45% 55% 0% Caucasian (Nine) African-American (Eleven) Asian, Hispanic, Latino, and other races Property Custody Section on February 15th 2016: • • • 83% 17% 0% Caucasian (Five) African-American (One) Asian, Hispanic, Latino, and other races Aviation on February of 15th 2016: • • • 80% 25% 0% Caucasian (Four) African-American (One) Asian, Hispanic, Latino, and other races Traffic Safety on February 15th 2016: • • • 41% 52% 7% Caucasian (Twelve) African-American (Fifteen) Asian, Hispanic, Latino, and other races (One) Circuit Attorney Investigators on February 15th 2016: Page 13 of 112 Copyright 2016 © Ethical Society of Police • • • 75% 25% 0% Caucasian (Three) African-American (One) Asian, Hispanic, Latino, and other races (St. Louis Metropolitan Commissioned Race/Gender Assignment Report, 02/15/2016) The SLMPD supervisory staff assigned to the Airport Division on February 15th, 2016: • • • 100% 0% 0% Caucasian (Three) African-American Asian, Hispanic, Latino, and other races Please Note the following statistics on February 15th 2016: On February 15th, 2016, divisions such as Special Operations that work closely with Chief Dotson in areas that have higher crime, similar to how the Rapid Deployment Unit (RDU) worked under the guidelines of former chief, Daniel Isom severely lacked diversity. The listed sections within SLMPD also work directly for or with Chief Dotson: Chief’s Office, Assistant Chief’s Office, Intelligence, Real Time Crime Center, Bureau of Enforcement, Special Operations, and Operational Planning. These sections were comprised of the following per the SLMPD Commissioned Race/Gender Report Assignment Summary on February 15th, 2016: • • • 79% 20% 1% Caucasian (One Hundred Ten) African-American (Twenty-Eight) Asian, Hispanic, Latino, and other races (One) Of note is the Juvenile Section and Domestic Abuse Response Team (DART): The Juvenile Section is less about enforcement and is designed toward prevention and lowered recidivism through diversion. For many Officers, Juvenile is not a highly coveted position for that reason. Detectives within this section spend countless hours mentoring and counseling at risk children, most are minorities within Public and Charter Schools. The Domestic Abuse Response Team (DART) is a position within SLMPD that is not considered a coveted investigative position for most detectives due to the overwhelming workload, lack of manpower, and low warrant issue rate for repeat and known domestic abuse offenders. Page 14 of 112 Copyright 2016 © Ethical Society of Police Lastly, 57% of all Homicide Supervisors are African-American. There are a total of four. The Homicide Section has the most African-American Supervisors compared to other sections. However, 79% of Homicide Detectives at the rank of officer are Caucasian. The E.S.O.P. will readily admit the Homicide Section employees the best detectives within SLMPD. The E.S.O.P.’s concern stems from a lack of diversity not the skill set of these detectives. Detectives of all races and genders within SLMPD are extremely talented and hardworking. Section II: 2015 and 2016 SLMPD Arrest Apprehension Listing for adults 18 years of age and Older *NOTE: REJIS ARREST DATA CAN AND DOES CHANGE; THIS MAY CAUSE SMALL VARIATIONS IN THE MONTHLY REPORT TOTALS WHEN COMPARED TO THE YEARLY REPORT TOTALS. THESE TOTALS ARE FROM JANUARY 2015 THROUGH MAY OF 2016. * Report excludes: Crimes outside of the City of St. Louis. Voided apprehensions and arrests excluded. Fugitive arrests are excluded. Bench warrant arrests are excluded. Records that do not include a valid age or race are excluded. In 2015, the E.S.O.P. was advised many of the offenders arrested in the City of St. Louis were African-American. Arrest statistics were verified and indeed indicated most of the offenders arrested in the City of St. Louis were African-American. Arrestees from January 2015 - December 2015 from the SLMPD Arrest Apprehension Listing • 13,877 • • • 10,401 3,432 62 African-American Caucasian Asian, Hispanic, Latino, and other races Percentage of Arrest Totals for 2015 • 75% African-American Page 15 of 112 Copyright 2016 © Ethical Society of Police • • 25% .4% Caucasian Asian, Hispanic, Latino, and other races Drug Abuse Total January 2015 – December 2015 from the SLMPD Arrest Apprehension Listing Total • 6,441 • • • 2,454 3,975 27 Caucasian African-American Asian, Hispanic, Latino, and other races Percentage of Drug Arrest Total for 2015 • • • 38% 61% 0.3% Caucasian African-American Asian, Hispanic, Latino, and other races Weapon Arrest Total January 2015 - December 2015 from the SLMPD Arrest Apprehension Listing • 733 • • • 59 670 4 Caucasian African-American Asian, Hispanic, Latino, and other races Percentage of Weapons Arrest Total for 2015 • • • 8% 91% 0.5% Caucasian African-American Asian, Hispanic, Latino, and other races (Report: AAR04MY - SLMPD Arrest Apprehension Listing from January through December, 1/3/2016.) Page 16 of 112 Copyright 2016 © Ethical Society of Police Total Arrestees from January 2016 - May 2016 from the SLMPD Arrest Apprehension Listing for adults 18 years of age and Older *NOTE: REJIS ARREST DATA CAN AND DOES CHANGE; THIS MAY CAUSE SMALL VARIATIONS IN THE MONTHLY REPORT TOTALS WHEN COMPARED TO THE YEARLY REPORT TOTALS. * Report excludes: Crimes outside of the City of St. Louis. Voided apprehensions and arrests excluded. Fugitive arrests are excluded. Bench warrant arrests are excluded. Records that do not include a valid age or race are excluded. Arrestees from January 2016 - May 2016 Arrest Apprehension Listing Total • 7,017 • • • 2,706 4,299 27 Caucasian African-American Asian, Hispanic, Latino, and other races Percentage of Arrest Total for 2016 • • • 39% 61% .38 Caucasian African-American Asian, Hispanic, Latino, and other races Drug Arrest Total January 2016 – May 2016 from the SLMPD Arrest Apprehension Listing Total • 3,663 • • 1,383 2,271 Caucasian African-American Page 17 of 112 Copyright 2016 © Ethical Society of Police • 6 Asian, Hispanic, Latino, and other races Percentage of Drug Arrest Total for 2016 • • • 38% 62% .3% Caucasian African-American Asian, Hispanic, Latino, and other races Weapon Arrest Total January 2016 – May 2016 from the SLMPD Arrest Apprehension Listing Total • 416 • • • 33 383 0 Caucasian African-American Asian, Hispanic, Latino, and other races Percentage of Weapons Arrest Total for 2016 • • • 8% 92% 0 Caucasian African-American Asian, Hispanic, Latino, and other races Section III: Racial Profiling Data for 2012, 2013, 2014, and 2015 for the City of St. Louis Racial Profiling Data for 2012 - City of St. Louis 2012 Total Stops • 64,084 • • • 21, 532 41, 033 1, 519 Caucasian African-American Asian, Hispanic, Latino, Other races 2012 City of St. Louis Total Stop Percentages Page 18 of 112 Copyright 2016 © Ethical Society of Police • • • 33.5% 64% 2% Caucasian African-American Asian, Hispanic, Latino, Other races 2012 City of St. Louis Total Searches Person/Vehicle Total Searches • 6,892 • • • 23% 76% 1% Caucasian African-American Asian, Hispanic, Latino, Other races 2012 City of St. Louis Vehicle Stop Arrests: Total Arrest • 3,535 • • • 19% 80% 0.87% Caucasian African-American Asian, Hispanic, Latino, Other races Contraband Hit Rates for 2012 • • • 21.47 14.07 10.61 Caucasian African-American Hispanic Disparity Index for 2012 Traffic Stops • • • • • • 0.73% 1.40% 0.34% 0.19% 0.25% 0.39% Caucasian African-American Hispanic Asian American Indian Other race Page 19 of 112 Copyright 2016 © Ethical Society of Police Note: Disparity index = (proportion of stops/proportion of population). A value of 1 represents no disparity; values greater than 1 indicate over-representation, values less than 1 indicate underrepresentation. (Racial Profiling Data/2012 Agency: St. Louis City Police Dept.) Racial Profiling Data for 2013 - City of St. Louis 2013 Total Stops • 67,984 • • • 20,331 46,066 1,587 Caucasian African-American Asian, Hispanic, Latino, Other races 2013 City of St. Louis Total Stop Percentages • • • 30% 68% 2% Caucasian African-American Asian, Hispanic, Latino, Other races 2013 City of St. Louis Total Searches Person/Vehicle Total Searches • 7,584 • • • 17% 80% 1% Caucasian African-American Asian, Hispanic, Latino, Other races 2013 City of St. Louis Vehicle Stop Arrests • Total Arrest: • 3,545 Page 20 of 112 Copyright 2016 © Ethical Society of Police • • • 16% 83% 0.64% Caucasian African-American Asian, Hispanic, Latino, Other races Contraband Hit Rates for 2013 • • • 17.49 12.94 4.76 Caucasian African-American Hispanic Disparity Index for 2013 Traffic Stops • • • • • 0.65% 1.48% 0.28% 0.25% 0.18% Caucasian African-American Hispanic Asian American Indian Note: Disparity index = (proportion of stops/proportion of population). A value of 1 represents no disparity; values greater than 1 indicate over-representation, values less than 1 indicate underrepresentation. (Racial Profiling Data/2013 Agency: St. Louis City Police Dept.) Racial Profiling Data for 2014 - City of St. Louis 2014 Total Stops • 57,150 • • • 17,767 37,852 1,531 Caucasian African-American Asian, Hispanic, Latino, Other races 2014 City of St. Louis Total Stop Percentages • • • 31% 66% 3% Caucasian African-American Asian, Hispanic, Latino, Other races Page 21 of 112 Copyright 2016 © Ethical Society of Police 2014 City of St. Louis Vehicle Searches: Total Searches • 5,101 • • • 22% 77% 1% Caucasian African-American Asian, Hispanic, Latino, Other races 2014 City of St. Louis Vehicle Stop Arrest Total: Total Arrest 2014 • 2,567 • • • 17% 82% 1% Caucasian African-American Asian, Hispanic, Latino, Other races Contraband Hit Rate for 2014 • • • • 13.59 11.52 5.36 20.0 Caucasian African-American Hispanic Asian Disparity Index • • • • • .95% 1.6% .62% .52% .28% Caucasian African-American Hispanic Asian American Indian Page 22 of 112 Copyright 2016 © Ethical Society of Police Note: Disparity index = (proportion of stops/proportion of population). A value of 1 represents no disparity; values greater than 1 indicate over-representation, values less than 1 indicate underrepresentation. (Racial Profiling Data/2014 Agency: St. Louis City Police Dept.) Racial Profiling Data for 2015 - City of St. Louis 2015 Total Stops • 53,897 • • • 17,856 34,552 1,519 Caucasian African-American Asian, Hispanic, Latino, Other races 2015 City of St. Louis Total Stop Percentages • • • 33% 64% 3% Caucasian African-American Asian, Hispanic, Latino, Other races 2015 City of St. Louis Vehicle Searches Total Searches • 4,549 • • • 26% 72% .3% Caucasian African-American Asian, Hispanic, Latino, Other races 2015 City of St. Louis Vehicle Stop Arrest Total Total Arrest 2015 • 2,567 • 21% Caucasian Page 23 of 112 Copyright 2016 © Ethical Society of Police • • 79% 1% African-American Asian, Hispanic, Latino, Other races Contraband Hit Rate for 2015 • • • • 17.71 13.93 7.14 11.11 Caucasian African-American Hispanic Asian Disparity Index • • • • • .72% 1.40% .38% .23% .28% Caucasian African-American Hispanic Asian American Indian Note: Disparity index = (proportion of stops/proportion of population). A value of 1 represents no disparity; values greater than 1 indicate over-representation, values less than 1 indicate underrepresentation. (Racial Profiling Data/2015 Agency: St. Louis City Police Dept.) The impact of a lack of diversity in coveted specialized units in conjunction with the SLMPD racial profiling data is concerning because the data indicates African-Americans are more likely to be stopped, searched, and arrested; yet less likely to be found in possession of contraband. Also of note is the following, Chief Dotson has challenged arrest statistics in the Arrest Apprehension listing for 2015, which demonstrated that 75% of arrestees were AfricanAmerican. He advised robberies and assaults occur with known race demographics for the offenders. The E.S.O.P. will agree that most victims of robberies and assaults are often able to provide a description of the offender’s race. The E.S.O.P. will even state, based on experience, many of the known offenders in robberies and assaults are reported as African-Americans, especially in neighborhoods that are predominately African-American. However, self initiated patrols, such as pedestrian checks and vehicle stops (refer to racial profiling numbers) make up a good majority of the arrests by Special Operations when these officers are directed to specific areas for patrol and enforcement. Page 24 of 112 Copyright 2016 © Ethical Society of Police Section IV: Diversity and Hiring In 2014, Mayor Slay stated improving diversity is “an important issue in a number of ways...The more people in a neighborhood who have trust in the police officers who protect them, the better they will work together to root out criminals and reduce crime. The better police officers understand the dynamics of the neighborhoods they patrol, the better they will be at differentiating the good guys from the bad guys.” (St. Louis-MO Gov, 2014). Hiring is critical to diversity. The processes for all potential Police Recruits in Training must be the same, with clear guidelines and standards for hire and rejection for hire by Chief Dotson as the Appointing Authority. The E.S.O.P. understands that achieving diversity is difficult at times; however, a lack of diversity presents even broader challenges for law enforcement — it can hinder the ability of a police department to connect with the communities they must serve and police. The Ferguson Police Department’s lack of diversity, poverty, racial biases, policing practices, and municipal court practices were factors in the civil unrest in 2014. (DOJ, Investigation of the Ferguson Police Department, 03/04/15). When an unarmed AfricanAmerican, Michael Brown, was shot and killed by a Caucasian, Ferguson Police Officer, Darren Wilson, the city erupted in civil unrest. Many of the factors that lead to the civil unrest were related to how African-Americans were policed and fined. (DOJ, Investigation of the Ferguson Police Department, 03/04/15). The lack of African-Americans within the Ferguson Police Department was a contributing factor as well. These are underlying factors behind the disdain some had for the Ferguson Police Department and the criminal justice system in general. There are numerous examples of bias practices cited in the report released by the Department of Justice relative to the Ferguson Criminal Justice System. Furthermore, at the time of Michael Brown’s death in 2014, there were, “Three black officers and 50 white officers with a town that is 67 percent African-American.” (Sander, Katie, 8/17/2014). Ferguson Police Department was 94% Caucasian and 5.6 African-American. (Sanders, Katie, 8/17/2014). Additionally, “Black residents accounted for 86% of the vehicle stops made by Ferguson police and nearly 93% of the arrests made from those stops, according to the state attorney general. FBI statistics show that 85% of the people arrested by Ferguson police are black, and that 92% of people arrested specifically for disorderly conduct are black.” (Firozi, Paulina, 8/19/2014). In contrast to Ferguson, Missouri, African-Americans make up 47% of the total population in the City of St. Louis, which is an 11-23 minute drive away from Ferguson, MO. African-Americans account for 34% of the Police Officers in the St. Louis Metropolitan Police Department. African-Americans represent roughly 75% of arrestees listed in the Arrest Page 25 of 112 Copyright 2016 © Ethical Society of Police Apprehension Listing for 2015. Racial profiling data for the City of St. Louis, as listed in prior paragraphs, indicates African-Americans are stopped more often by SLMPD Officers, but less likely to be found in possession of contraband. Of note, is an article written in Brookings about segregation, that indicates St. Louis is the 7th most segregated city in the United States. (Messenger, Tony, 06/26/2016). This was also attributed to an article written by (Frey, William H., 12/08/2015). Hiring a more diverse police agency has to become a priority for SLMPD. The E.S.O.P. doesn’t believe Chief Dotson or the next Chief of police can instantly correct these issues. However, diversity is a critical factor in SLMPD’s success, but diversity hasn't always been a priority. In 2005, a little over a decade ago, the SLMPD hired an “all-white police academy class.” (Beene, Bill, 11/23/2005). This was alarming and appeared biased considering the very next class in contrast, was close to 90% African-American. Hiring more diverse police officers won't solve all community and police relations; however, it is an important step toward improving diversity. Richard Gray, the current Director of Public Safety for the City of St. Louis and former St. Louis Board of Police Commissioner often states he is committed to hiring 50/50 recruit classes within SLMPD. The E.S.O.P. does not doubt his commitment, but St. Louis City Police Academy classes starting at 50/50 has not often occurred. The E.S.O.P. would also like to give credit to Director Richard Gray, from Public Safety and Adolphus M. Pruitt, the President of the St. Louis branch of the National Association for the Advancement of Colored People (NAACP), with their commitment to implementing the E.S.O.P. Recruitment Program, which seeks to educate and hire more minority police officers. Chief Dotson has rightfully stated some systemic factors with hiring are out of his control. The E.S.O.P. agrees to a point that systemic factors can inhibit diversity. Preexisting exposure to violence, St. Louis City Public Schools being unaccredited, the school to prison pipeline, mass incarceration, an inequitable Criminal Justice System, and poverty are some of the factors that effect potential candidates, and more specifically African-Americans with hire as SLMPD Officers. Many of these systemic factors are addressed in the E.S.O.P. Recruitment Program, which began in 2015. Please note the E.S.O.P. will address the systemic factors with violence in minority and poor communities in Part VI, which will be released at a later date. Even with systemic factors being present with hiring the E.S.O.P. Recruitment Program has been instrumental in the hiring of a combined 25—African-American, Mexican-American, and Caucasian Police Recruits in Training since October of 2015. Candidates in the E.S.O.P. Recruitment Program receive extensive training in report writing, patrol, ethics, financial responsibility, community service, and other areas to prepare them for the police academy and to police in a diverse community. Guest speakers and guest instructors are of all races; some have Page 26 of 112 Copyright 2016 © Ethical Society of Police even been protesters during civil unrest. The program was funded through the City of St. Louis; however, the funding ends in June of 2016. The E.S.O.P. will be solely responsible for continuing the program. Chief Dotson had not assisted with the program until the E.S.O.P. challenged his lack of involvement. Furthermore, Dotson’s appearance at one of the classes in 2015 as a guest speaker came after a prominent social activist and emerging political figure spoke to him about the necessity of his support of the program. The E.S.O.P. believes the candidates that attend the recruitment program are some of the most well rounded candidates based on the level of hands on training they receive. Several candidates in the E.S.O.P. recruitment classes have not been selected as recruits by Chief Dotson. Some simply have failed background checks, but others have been eliminated because of a familial connection, unpaid property taxes, and arrests relative to non-violent, and non-driving city ordinance violations. The E.S.O.P. has argued the cases of candidates we have mentored for months, but Chief Dotson has failed to hire some of these candidates. Chief Dotson has to actively listen to minority officers who voice their challenges and ideas for change with hiring when legitimate ideas and candidates are brought forth. Please note 80% of those assigned directly to the Chief’s Office and Assistant Chief’s Office are Caucasian. This in itself can inhibit the views and perspectives of African-Americans and other minorities when practices are challenged, made, or enforced. Chief Dotson has allowed the instructors with the E.S.O.P. Recruitment Program to provide verbal rebuttal when a candidate is believed to have been wrongfully eliminated for hire. However, he has not reversed many of his initial decisions. In a meeting in the spring of 2016, Chief Dotson advised an E.S.O.P. Board member and supervisor over the E.S.O.P. Recruitment Program, “You’re pissing me off.” The supervisor questioned the recruitment and selection process. Dialect of this nature from the highest-ranking officer within SLMPD does little to build report. Section V: Transfers – Examples of the Importance of Diversity, a Lack of Diversity in Coveted Criminal Investigative Positions, Cronyism, and Inexplicable Exclusion As Mayor Slay advised, having a diverse group of officers that patrol can help to “reduce crime.” In January of 2016, Chief Dotson spoke of the importance of diversity at a law enforcement conference. Diversity can help to connect officers with the community they police. However, qualified African-American candidates have to be given equal consideration for coveted investigative jobs within SLMPD. As shown in the previous section on February 15th, Page 27 of 112 Copyright 2016 © Ethical Society of Police 2016: 80% of Special Operations Detectives were Caucasian, 91% of Special Operation Supervisors were Caucasian, 91% of South Patrol Detectives were Caucasian, 83% of Districts 16 Patrol Detective Sergeants were Caucasian, 74% of SWAT/HRT were Caucasian, 81% of Central Patrol Detective Bureau were Caucasian, 100% of the Force Investigation Unit is Caucasian, 74% of Intelligence Detectives were Caucasian, and 79% of Homicide Detectives (Rank of Police Officer) were Caucasian - with roughly 75% of all arrestees in original complaints being African-American in 2015. The numbers are not indicative of a department that is committed to diversity. Furthermore, many qualified minority and non-minority candidates are distrustful and jaded by the cronyism involved with some transfers. Many do not apply for jobs in which they qualify, believing they will not be selected despite their qualifications. Most SLMPD Officers/Detectives/Supervisors handle investigations and interviews free of biases. SLMPD has numerous exemplary detectives and sergeants of all races. However, implicit biases can exist, which presents disadvantages for officers, witnesses, victims, and suspects. Sometimes, solving crime can be as simple as a victim, witness, or offender’s ability to identify with those conducting the interview. Officers of all races who have the best intentions can be unknowingly biased based on their own cultural experiences. When sections of a Police Department tasked with investigations are lacking diversity, the unique views of some cultures can fail to have the level of credence their culture deserves. “Hidden biases operating largely under the scope of human consciousness influence the way that we see and treat others, even when we are determined to be fair and objective. Findings show that implicit bias can be contradictory to an individual’s stated beliefs. The presence of implicit bias has been used to explain disparities among races in both access to and quality of health care, treatment in the criminal justice system, and housing.” (Jawando, Michele L, Parsons, Chelsea, 2/18/2014). Diversity within SLMPD is critical with assisting with criminal investigations. These are examples provided to the E.S.O.P. by several employees within SLMPD and the community about why diversity is needed with hiring, examples of a lack of diversity, cronyism, and other inexplicable related biases: 1) In 2016, a Mexican-American Police Recruit in Training assisted a SLMPD Detective with an investigation involving juveniles. The Recruit had attended the E.S.O.P. Recruitment classes before being selected as a SLMPD Police Recruit in Training. The Recruit was able to provide cultural insight that was missed by the detective handling the investigation. 2) In 2016, a candidate in the E.S.O.P. Recruitment program, who is fluent in several languages, which include French and Central African languages, assisted with the return of a juvenile. He spoke with members of the family who were not fluent in English and Page 28 of 112 Copyright 2016 © Ethical Society of Police the child was returned home within hours. His cultural insight was critical to the investigation. 3) The Special Operations Section of SLMPD is referred to as Chief Dotson’s ‘go-to’ Detectives in regards to investigating and arresting violent offenders. This investigative unit was 80% Caucasian on February 15th, 2016. Only one African-American Supervisor is assigned, compared to ten Caucasian Supervisors. The E.S.O.P. was advised a majority of the offenders arrested in this section were African-American. From January 11th, 2016 - April 12th, 2016, over the course of ninety days the Special Operations Sections arrested roughly 425 Offenders for a variation of bench warrants and original complaint driven arrests. Approximately 80% of those arrested were African-American compared to 20% being Caucasian. This is above the percentage listed under the Arrest and Apprehension Total for 2015. Please note, during this time frame this section conducted investigations throughout the City and County. Special Operations Detectives are allowed to investigate crimes within the entire city, and outside of the City of St. Louis. The arrest percentages should not be used as the sole criteria as to whether profiling is occurring; however, coupled with Special Operations being nearly 80% Caucasian and 20% African-American the numbers are nonetheless concerning. Additionally, the arrests occurred from a combination of the following: undercover Federal Co-Op sting/warrant round ups, investigative vehicle stops, pedestrian checks, bench warrants of known offenders, undercover controlled narcotics buys, and offender targeted search warrants for drugs and guns. 4) A majority of the follow-ups for crimes such as burglaries, vehicle thefts, violent assaults, and robberies are handled by District One – District Six Bureau Detectives and Detective Supervisors. The E.S.O.P. was advised African-Americans account for 20% of the total number of District 1-6 Bureau Detectives in all Districts on February 15th, 2016. Additionally, two out of twelve District Bureau Sergeants on February 15th, 2016, are African-American, which accounts for roughly 17% of all District1-6 Detective Bureau Sergeants. In 2015, 75% of offenders arrested per the Arrest Apprehension Listing where African-American. 5) In 2016, a Mexican-American recruit graduated from the Police Academy and was not assigned to District Three, where there is a very large Mexican-American population along Cherokee Street. The E.S.O.P. believes her cultural experiences would have proven to be beneficial to District Three Officers, SLMPD as a whole, and most importantly the Mexican-American community in District Three. The Department Of Justice recognizes the importance of having officers patrol in communities in which they mirror. Page 29 of 112 Copyright 2016 © Ethical Society of Police 6) In 2014, the E.S.O.P. was advised Chief Dotson and the commander of Intelligence transferred six Gang/Intelligence Detectives out of the Intelligence Section. These detectives had a reputation for being fair, were trusted by the community, and prevented violence through mediation between gangs when arresting these subjects failed to temper violence. They assisted the Circuit Attorney’s Office with prosecution through their expert testimony in regards to gangs. These detectives had numerous “sources” in the community that trusted and assisted them with criminal investigations — gathering intelligence that most detectives were not privy to. They also assisted with locating violent offenders wanted by the Homicide Section and District Bureaus. The E.S.O.P. was advised despite these accolades the commander wanted these detectives to make more arrests. The commander had relatively little experience investigating violent street gangs on the level of these detectives. The E.S.O.P. was advised she told the sergeant over the detectives they needed to “be more aggressive and stop hugging these thugs.” The sergeant advised the commander of the need to focus on all forms of deterrence, and building relationships that would ultimately lead to the arrest of high-level gang members who were causing most of the violent gang related crime. Also, these detectives were actively working on an undercover investigation involving narcotics sales and numerous shootings, involving an extremely violent and new street gang. They had connected close to thirty shootings to this gang and conducted several under cover buys with suspects from this gang as well. Their transfers stalled the investigations. All of the detectives transferred were African-American, and the commander is Caucasian. At the time of their transfers violent crime in the City of St. Louis had not spiked to an alarming level. 7) In August of 2014, after Michael Brown, was shot and killed, Chief Dotson detached a major, sergeant, and two officers to Ferguson, Missouri. Chief Dotson had previously transferred the officers and sergeant out of the Gang/Intelligence Section because he and the commander over Intelligence believed they needed to make more arrests, and do less prevention through mediation. These detectives were requested to assist in Ferguson because of their ability to gather intelligence. After assisting in Ferguson the officers and sergeant were transferred back to their uniform patrol assignment. All of the detached personnel in Ferguson were African-American. 8) On January 26th, 2015, an officer was denied a transfer into SWAT/HRT and two other officers were chosen instead. The E.S.O.P. was advised the former commander of SWAT, overlooked one of the top candidates for a SWAT position — who happened to be an African-American officer. Chief Dotson stated that the former SWAT Commander cited a “personality conflict” with the African-American officer and a few of the current SWAT officers. The officer seeking the transfer finished first in a majority of the categories of testing; however, the former commander chose officers who didn't do as well in some testing categories, which seemingly violated the CBA. One officer had less time Page 30 of 112 Copyright 2016 © Ethical Society of Police on. Chief Dotson was made aware of this and failed to act. Additionally, when the E.S.O.P. asked Chief Dotson about an additional posting in SWAT he advised he had to ensure personalities “matched” within SWAT because of the nature of their job. However, the CBA clearly states, “Provided that performance, skill and ability are relatively equal based on demonstration of these attributes over the course of the employees’ employment, the position shall be awarded to the most senior employee bidding.” The officer that was not chosen finished first in most of the testing categories and had more time on than one of the chosen officers. The two officers transferred in were Caucasian and so was the former commander. There is no written rule that the 1300 officers within SLMPD have to have personalities that “match.” 9) In April of 2015, the E.S.O.P. raised concerns regarding a female commander possibly being transferred into a newly created Community Outreach and Engagement position. This candidate is a close confidant of Chief Dotson. The E.S.O.P. had concerns about her qualifications compared to other candidates. Be advised, commander positions are not posted for all qualified candidates to apply. Cronyism appeared to be most important factor to Chief Dotson, not the community or being equitable to all qualified candidates. The commander being considered by Chief Dotson was not the best qualified. She was not under qualified, but she was not as qualified as another candidate. The E.S.O.P. identified more qualified candidates for the position. One of the most qualified was a male commander. The E.S.O.P. also believed a prior lawsuit in which the commander who Chief Dotson wanted to select would harm the position’s credibility and prove detrimental to the purpose of the assignment. In 2003, a civil rights lawsuit was filed against the commander Dotson wanted to select and several other officers. The lawsuit alleged the plaintiffs’ Constitutional Rights had been violated. The plaintiffs’ had been charged with “bicycling without a license,” which had long since been removed as an infraction. (Garrison, C. 10/10/2007). The Department apologized to the plaintiffs and paid them damages. (Garrison, C. 10/10/2007). This did not deter Chief Dotson’s selection. Chief Dotson, in the midst of this, also told Sgt. Heather Taylor to pick her battles, which was perceived as the threat. Chief Dotson even claimed the suggested candidates weren't qualified, even though all objective factors suggested otherwise. For example, one particular candidate taught implicit bias, created the Civilian Police Academy outline, has taught Racial Profiling for fourteen years, created the original Special Order for Police Officer Standardized Training (POST), and created several other lesson plans at the Police Academy as an instructor. This candidate is a football coach, was active with the Police Athletic League, and routinely spoke to public school children about their concerns about the police. He also has a Bachelor’s of Science Degree. With all of this pertinent background, Chief Page 31 of 112 Copyright 2016 © Ethical Society of Police Dotson believed he was not qualified to hold the position. Instead Chief Dotson chose someone who had been sued for violating the same Rights this position attempts to protect. The commander involved in the 2003 lawsuit chosen by Chief Dotson was Caucasian and a close confidant of Chief Dotson. The candidate Chief Dotson stated wasn't qualified was African-American. 10) On November 16th, 2015, Chief Dotson assigned a colonel and lieutenant to Community Outreach and Engagement. Chief Dotson promoted the Caucasian female commander, who was sued in 2003 relative to the civil rights violations to Captain. Chief Dotson also re-assigned the MetroLink Unit and the Juvenile Section under the authority of the African-American Colonel—who was tasked with Community Outreach and Engagement. Chief Dotson lauded the transfers as a commitment to community engagement. Community engagement is critical to SLMPD improving connections with communities that have little trust in police officers. On 6/11/2016, Chief Dotson stated, “community engagement was a priority.” (KPLR11.com, The Pulse of the City of St. Louis, 6/11/2016). As of June 12th, 2016, Community Outreach and Engagement has three officers, two sergeants, and one lieutenant. One of the officers is detached and not permanently assigned to this section to assist with an overwhelming amount of neighborhood meetings, community engagement projects, and other requests. Community Outreach and Engagement is tasked with bringing the community and police together, but only has six total commissioned personnel and one detached officer who specifically handles community engagement events in the community. Further, Chief Dotson and Mayor Slay often blame the so-called “Ferguson Effect,” on the rise in crime. However, they've provided very little manpower for community outreach and engagement to address the disconnect between police officers in neighborhoods of color. The lack of manpower in Community Engagement and Outreach is concerning when other sections of the department (such as Special Operations and Intelligence) are heavily staffed. SLMPD relationship with many communities of color in the City of St. Louis is volatile; community engagement has to become a priority. Lastly, placing the Juvenile section under Community Outreach is understandable because of the community engagement efforts involved in programs such as Gang Resistance Education and Training (G.R.E.A.T.), and Students Talking it Over with Police (S.T.O.P.). However, placing the MetroLink Unit under community engagement and outreach does not. In addition, Juvenile Detectives are overwhelmed with school call outs and mentoring in well over fifty schools within the City of St. Louis. The colonel and lieutenant assigned to Community Outreach and Engagement are African-American. The African-American colonel has minimal manpower compared to other colonels. Page 32 of 112 Copyright 2016 © Ethical Society of Police 11) On 10/22/2015, SLMPD posted a position for a sergeant, in the Internal Affairs Division (IAD). The position did not require the applying-sergeant to have time in rank or patrol experience as a supervisor. There was only one female sergeant assigned to IAD at the time, and no African-American female sergeants. The E.S.O.P. was advised women, and more specifically African-American women originate a number of complaints. The Internal Affairs Division at the time was 66% Caucasian and 9% female. Chief Dotson blamed a female Major/Deputy Commander over IAD for disqualifying the only female candidate. He stated the reasons were related to the candidate needing “more time in patrol.” Patrol experience was not a requirement for the position. The candidate has well over a decade of law enforcement experience, which included patrol experience. The disqualified candidate has extensive investigative experience as well. The Chief subsequently transferred one African-American male sergeant and two Caucasian male sergeants into IAD. The candidate denied the job is African-American, and the Major assigned over IAD is also African-American. 12) The above double standard is even more evident because on 9/30/2015, a female officer was promoted to the rank of sergeant while assigned to the Real Time Crime Center. The outgoing sergeant, another female, was promoted to the rank of lieutenant, which left a vacancy for a sergeant at the Real Time Crime Center. Chief Dotson left the newly promoted sergeant in the position, despite her not having spent “a single day” as a patrol sergeant. This seemed to contradict example number 11. The Real Time Crime Center candidate had no patrol experience as a supervisor. When Chief Dotson was asked about the sergeant that was promoted, who remained assigned to the Real Time Crime Center, he had no justifiable reason as to why she remained in the position. He had no justifiable reason why the qualified African-American female sergeant was not transferred to IAD. The Real Time Crime Center position has never been posted for all qualified candidates to apply. The sergeant assigned to the Real Time Crime Center is Caucasian. 13) On 6/29/2015, a male sergeant was promoted from the Intelligence Unit, which is assigned to the Chief, and transferred to District Four. On 10/30/2015, this sergeant was detached to the District Four/Central Patrol Detective Bureau. His minimal supervisory patrol experience did not hinder him from being assigned to the Central Patrol Detective Bureau as a supervisor, as it was for the African-American sergeant that applied to IAD. The E.S.O.P. was advised this sergeant had about 120 days of patrol supervisor experience. This was verified. Furthermore, there were more tenured sergeants of all races available for the detachment to the District Four Detective Bureau as a supervisor. The sergeant detached to the Central Patrol Bureau is Caucasian. Please note, as of February 15th, 2016, eighty-four percent of all District Bureau Detective sergeants are Caucasian. Page 33 of 112 Copyright 2016 © Ethical Society of Police 14) On January 18, 2016, the E.S.O.P. was advised a sergeant was transferred out of the Traffic Safety Division without cause. The E.S.O.P. verified his transfer did occur via Department Transfers on this date. He and another African-American sergeant were told one of them would need to be transferred to make room for a preferred Caucasian and African-American sergeant. At the time, there were three sergeants assigned to Traffic, one was Caucasian. When asked about this transfer, Chief Dotson stated the incoming sergeants were more qualified; advising these sergeants had a better “skill set.” This was simply not true. Neither of the incoming sergeants had the level of qualifications the transferred sergeant had. The sergeant transferred out of the Traffic Safety Division was also told the E.S.O.P. spearheaded his transfer in order for another African-American to receive the position. This allegation against the E.S.O.P. was completely false. During a subsequent meeting, Chief Dotson denied having made such a statement to the commanders over Traffic Safety. He advised he needed to be able to make personnel decisions based on “the needs of the unit.” This transfer is also the subject of a Charge of Discrimination filed with the EEOC. 15) Positions for commanders are not posted for all qualified commanders to apply. The Chief of police has complete autonomy with his selections. Even if a commander meets the qualifications he or she will not be able to interview for the job. This can be problematic for many newly appointed commanders because they are rarely selected for specialized units, unless they are connected to the Chief of Police or someone high ranking over the position. Most commanders spend years on routine patrol duty with no real opportunity of progression in their career. As noted in other sections, there are legitimate concerns over a lack of diversity in general, a lack of diversity in coveted units, and cronyism within SLMPD with transfers. A Justice Department report stated, “there is an equivalent need to recognize that some members of policing agencies identify as individuals of color, have deep connections with communities of color in their jurisdiction, or both. These police personnel can serve as in-house resources who might understand the unique public safety needs and concerns of various communities.” (COPSDOJ, 2016). As indicated in other sections of this evaluation, qualified African-American Officers aren't seeking special consideration for transfers. These officers simply desire a fair opportunity to be considered for those positions in which they qualify. Many coveted investigative divisions within SLMPD do not mirror the basic demographics of SLMPD or the community. A lack of diversity in some investigative areas can become very problematic for any department that is overwhelmingly non-minority, especially Page 34 of 112 Copyright 2016 © Ethical Society of Police when it is not monitored. As stated before, African-Americans aren't looking for a handout, just equal consideration for jobs when qualified. When officers are overlooked for positions in which they're qualified, it severely lowers their morale. Diversity and fair practices with transfers are a necessity. The lack of diversity in several specialized units can be problematic for victims, witnesses, and suspects. In 2006, author David Sklansky wrote, “A police agency whose officers reflect the racial demographics of the community they serve fulfills several important purposes in reducing racial bias in policing. First, it conveys a sense of equity to the public, especially to minority communities. Second, it increases the probability that, as a whole, the agency will be able to understand the perspectives of its racial minorities and communicate effectively with them. Third, it increases the likelihood that officers will come to better understand and respect various racial and cultural perspectives through their daily interactions with one another.” (Sklansky, D., 2006). Diversity can help with solving crime by building trust. The Department of Justice (DOJ) indicates, “Achieving diversity in law enforcement agencies can increase trust between those agencies and the communities they serve. That basic trust can be an essential part of defusing tension, investigating and solving crimes, and creating a system where citizens believe that they can rely on their police departments and receive fair treatment. Indeed, victims and witnesses of crime may not approach or engage with law enforcement officials if they do not perceive them to be responsive to their experiences and concerns. A diverse police department is also less likely to be insular, and therefore can be more receptive to change.” (COPS, Diversity in Law Enforcement-A Literature Review, 1/21/2015). Section VI: Diversity Challenges with the SLPOA (CBA) Achieving diversity is not easy. However, diversity is critical for law enforcement agencies because a lack of diversity can lead to instances of grave distrust, poor communication, and information shutdown between the police and people of color within the communities they serve. Even though most officers within SLMPD seek to police fairly, alarming disparities still exist with arrests, as indicated with the racial profiling statistics, arrest examples for Special Operations. Chief Dotson has stated his hands are tied due to the St. Louis Police Officer’s Association (SLPOA) Collective Bargaining Agreement (CBA). The E.S.O.P. agrees to some extent. However, placing the blame on the CBA as the chief executive of SLMPD without bringing about some form of change harms the many hard working officers of color who are impacted by a lack of opportunities. Disparity, adverse impact, and disparate treatment would surely trump the language of any CBA. The lack of African-American officers in coveted specialized units, such as, District 1-6 Detective Bureaus, Special Operations, Intelligence, Page 35 of 112 Copyright 2016 © Ethical Society of Police Homicide, SWAT/HRT, Force Investigative Unit, at the rank of officer should prompt some level of concern for Chief Dotson. The statistics should also be concerning for the St. Louis Police Officer’s Association, who has sole bargaining rights for everyone at the rank of police officer. Numerous Officers have voiced their concerns to the E.S.O.P. about the St. Louis Police Officer’s Association CBA. The CBA attempts to promote an environment free of managerial interference, while providing labor rights for those at the rank of police officer. The CBA currently excludes sergeants and commanders. The wording of the officer’s CBA in regards to transfers is viewed as problematic for many officers. This is especially true because of the following breakdown at the rank of police officer on February 15th, 2016: African-Americans 34%; Caucasians 63%; and Asian/Hispanic/Latino and other races 3%. The CBA states, “Provided that performance, skill and ability are relatively equal based on demonstration of these attributes over the course of the employees’ employment, the position shall be awarded to the most senior employee bidding.” Most officers at the rank of police officer have an equal skill set; however, the sheer number of Caucasian officers compared to other races can lead to many Caucasian police officers being chosen for coveted positions over other races. Even if all 360 African-Americans at the rank of officer where veteran officers their numbers are vastly lower than 619. The lack of African-American Officers compared to non-minority officers lends a hand as to why there is a lack of diversity within so many coveted specialized units. Of note, during the first collective bargaining process, the E.S.O.P. was given the opportunity to bargain with the SLPOA on behalf of the interest of E.S.O.P. members. However, during recent re-negotiations the E.S.O.P. was excluded by the SLPOA. Effectively, nullifying the unique cultural views and experiences of minority officers. Section VII: Promotions – Examples of Cronyism, Cheating, & Biases Numerous police officers within the E.S.O.P. have approached board members with concerns about promotion inequity. In 2015, the U. S. Department of Justice stated, “a commitment to diversity in hiring and promotion opens crucial public sector jobs to all Americans and helps ensure equal employment opportunity in public safety jobs. These jobs are the backbone of a community.” (DOJ, 1/21/2015). Eliminating the potential for adverse impact in all promotion processes should be the goal of the leaders within a Police Department. “Adverse impact refers to employment practices that appear neutral, but have a discriminatory effect on a protected group. Adverse impact may occur in hiring, promotion, training and development, transfer, layoff, and even performance appraisals. It may be found in an overall procedure or in any step in the overall procedure. A test or selection procedure can be an effective management tool, but no test or selection procedure should be implemented without a thorough understanding of its effectiveness and limitations for Page 36 of 112 Copyright 2016 © Ethical Society of Police the organization, its appropriateness for a specific job, and whether it can be appropriately administered and scored.” (Avoiding Adverse Impact, 6/24/2014). Adverse impact can be unintentional, but that does not make it any less harmful. The promotional testing processes for the ranks of Sergeant, Lieutenant, and Captain during Chief Dotson’s tenure have resulted in a lack of diversity. Some of the results were predicted before the promotional processes even began. The results caused the E.S.O.P. to take a thorough look at promotions as well as other areas within SLMPD. The statistics heightened the E.S.O.P.’s alarm and demonstrate a lack of diversity within SLMPD in inexplicable ways. Data in some areas of SLMPD does not come close to mirroring the overall 34% staffing of AfricanAmericans. African-Americans only comprise 24% of all commanders and just 20% of those that work directly for and closely with Chief Dotson, as described in the previous section. The E.S.O.P. observed that several highly qualified African-American officers were subjectively excluded without any objective justification. The lack of diversity within SLMPD’s command rank has to be properly addressed. When questioned by the E.S.O.P. about the lack of diversity with promotions Chief Dotson responded to the media with misleading statistics. On November 24, 2015, he asserted that 36% of all promotions in the SLMPD are African-American. (KMOX, Mark Reardon Show, November of 2015.) However, his statistics included the promotions of “Recruit in Training” to “Police Officer,” which is automatic after completion of one year. Misleading data does nothing to address the fact that 75% of all commanders are Caucasian. A promotion to the rank of a Police Officer is vastly different than that of a commander. Furthermore, in the most critical and first command rank position (Lieutenant), just one African-American compared to fifteen Caucasians have been promoted in two years by Chief Dotson. Eighty-one percent of all lieutenants promoted by Chief Dotson from 2013 through May of 2016, have been Caucasian. Chief Dotson left some of the most qualified African-American police sergeants from the 2012-2014 promotional process in the top cluster. Chief Dotson overlooked many qualified candidates, of all races, that finished in the top clusters from the promotional process in 2012 – 2014. Chief Dotson initiated a new promotional process by simply allowing the promotional list to expire, after he’d promoted a few select candidates. The promotional list from 2012-2014 had numerous African-American candidates unlike the promotional list from 2014-2016 administered under Chief Dotson. In June of 2016, Chief Dotson advised he would extend the promotional list for the ranks of Lieutenant and Captain, claiming manpower shortages as why he was extending the list. In 2014, he failed to extend the list, which happen to have several African-Americans. Manpower wasn't as short staffed, but we were far from being at maximum staffing. Additionally, the E.S.O.P. was advised by Chief Dotson the SLPOA didn't agree with the promotions of any Page 37 of 112 Copyright 2016 © Ethical Society of Police officers with the manpower shortage. The E.S.O.P. did not agree, and argued it was unfair to punish officers because of a manpower shortage when positions for the ranks of sergeant and Lieutenant were open. Many of the wishes of the SLPOA trump those of the E.S.O.P.; ending with Chief Dotson acquiesced to their desires. In fairness to Chief Dotson, some promotional practices with internal assessors within SLMPD have been in place for decades and have always had severe subjective flaws. However, good leaders should identify flaws and seek to eliminate them. When a promotional process is conducted objectively, without ill intent, and without cronyism, the possibility that candidates can be promoted fairly will exist. Promotional processes administered under a Chief who is not adamant and active with removing unjust disparities will have similar results to the promotional processes under Chief Dotson. Lastly, some decisions by Chief Dotson about promotional testing appear to have been geared toward Chief Dotson promoting those closest to him. Here are some examples of disparities, cronyism, probable cheating, and other problems with the promotional process brought to the attention of the E.S.O.P.: 1) In 2015, Chief Dotson implemented the first of its kind “Chief’s Interview,” where he was allowed to give promotional candidates he deemed qualified 10 points toward their raw scores. 2) Three of Chief Dotson’s closest confidants have been predictably promoted to the rank of Captain during his tenure. These friends received the maximum points available for the newly instituted, and first of its kind “Chief’s Interview” in 2014. The “Chief’s Interview” allowed Chief Dotson to interview all candidates for the rank of Captain. He was allowed to administer as many as ten extra points toward candidates’ raw score. These candidates were all promoted to the rank of Captain after receiving the maximum number of points from Chief Dotson during the “Chief’s Interview.” The three candidates are all Caucasian. One of the candidates is highly skilled administratively and academically, and is assigned to the Intelligence Section. Note, the E.S.O.P. believes this candidate would have tested higher because of the candidates abilty to test well; however, the E.S.O.P. believes the Chief’s Interveiw gave those closest to him an unfair advantage. 3) In 2015, the E.S.O.P. was advised an SLMPD Commander briefly fell asleep during the internal promotional testing process the year prior. The candidate testing is AfricanAmerican. The Commander is Caucasian. 4) In 2014, the E.S.O.P. was advised an internal SLMPD assessor, who is also a Commander made disparaging remarks about the clothing of a qualified candidate. Referring to her shoes as “hooker” shoes. The candidate attempted to grade this over Page 38 of 112 Copyright 2016 © Ethical Society of Police qualified candidate lower than the other candidates. This candidate dresses impeccably and professionally and is often complimented on her clothing. This Commander in this example is the same Commander mentioned in example # 3. 5) In 2014, a candidate finshed first in the overall testing for the rank of Lieutenant. This candidate was not promoted. At the time he had nearly 30 years of service within SLMPD. This candidate is Caucasian. 6) During the 2013 Officer to Sergeant Promotional Assessment process, a retired SLMPD Commander and out of town assessors were advised by an SLMPD Major, that Chief Dotson wanted a female officer, who worked closely with him to be promoted. This statement implied she should be graded higher. The retired SLMPD commander who witnessed this incident is available for comment. The Major and the female candidate are Caucasian. The statements of the Major alarmed the assessors, but despite the Major’s statements they graded the candidate fairly. The candidate did not cluster high enough to be promoted. 7) In 2014, as two sergeants waited to take the promotional test for sergeant to lieutenant, they observed the now-retired Director of the Police Academy kneel in front of a promotional candidate for the rank of lieutenant. The retired Director of the Academy began telling the candidate elements on the test. The lieutenant was confronted about this and stopped. However, this candidate was promoted to the rank of lieutenant. The former Director of the Academy and the newly promoted lieutenant did not face any internal discipline for their actions when this was brought to the attention of Chief Dotson. Both sergeants who witnessed this incident are available for comment. Both are also a part of an Equal Employment Opportunity Commission charge filed by several African-American Sergeants regarding promotional bias. The retired Director of the Academy is Caucasian. The two sergeants who filed the EEOC complaint are AfricanAmerican. The candidate that received information about the test is Caucasian. 8) On June 19th, 2013, Chief Dotson promoted fifteen Caucasian Officers and no AfricanAmerican Officers to the rank of sergeant. 9) In 2014, a Female Sergeant finished 3rd overall in testing for the Rank of Lieutenant. Chief Dotson overlooked her and promoted several other candidates who hadn't finished with her ranking. This Sergeant is African-American. Be advised SLMPD has very few African-American Lieutenants and Female Lieutenants. 10) Chief Dotson has promoted one African-American Female Lieutenant in over three years. Page 39 of 112 Copyright 2016 © Ethical Society of Police 11) The 2014 – 2016 promotional process for the ranks of Lieutenant and Captain were held under Chief Dotson not under the guidelines of City Control. Internal assessors were used. These assessors, who were commanders in the SLMPD, already held some candidates in high regard, or had disciplined them at some point in their career—and yet, they were allowed to assess several officers. The assessments were mostly subjective. Internal assessors can be biased for and against candidates. SLMPD had traditionally utilized internal assessors for promotion, which is contrary to the practices of many police agencies. 12) In 2014, Sgt. Heather Taylor voiced complaints several promotional candidates had regarding the promotional company selected by SLMPD to Chief Dotson at a Leadership Association meeting. The company selected was Industrial/Organizational Solutions (IOS), IOS provided introductory training that failed to answer several critical questions asked by those taking the test. Chief Dotson mirrored the concerns of several candidates with IOS Solutions and stated, “They failed to answer several of my questions.” Chief Dotson advised he “wasn't happy” with IOS; yet, he did not seek to postpone the testing with IOS. All of the qualified African-American Lieutenant candidates who had tested well during the previous promotional process for lieutenant finished in clusters that were substantially lower. Some of these candidates suddenly dropped from Cluster A to E, and Cluster B to E. 13) Many of the candidates that failed to cluster high enough for promotion to command rank positions under Chief Dotson were African-American candidates with extensive education, patrol and investigative experience. 14) During the 2014 promotional process for the rank of lieutenant, one candidate finished fifth overall on the written examination, which tested knowledge of Department procedures, polices, and criminal law (objective) but finished near the bottom of the oral assessment (subjective). This candidate had finished first in some of the oral categories on previous tests. Assessor feedback for the candidate stated the candidate had the following strengths: candidate established command presence, candidate spoke with confidence and appeared professional, candidate provided a good presentation of expectations and understanding policy. However, the candidate’s areas to improve listed the following: candidate could work on maintaining eye contact, candidate should have provided more specific detail. The areas of improvement and strengths (subjectively) contradicted each other. 15) The final outcome of the lieutenant promotional process for 2014 -2016, was so alarming that Chief Dotson solicited the assistance of a now retired SLMPD African-American Page 40 of 112 Copyright 2016 © Ethical Society of Police Colonel. The colonel sent a questionnaire to African-American Sergeants seeking feedback after many voiced their concerns about the process. Chief Dotson didn't halt or delay the promotions despite only having one African-American being listed in the top three clusters for promotion. All the other African-American candidates were seemingly graded lower after scoring in the top percentage on the previous test. Many of them represent the most skilled and educated sergeants within the department. 16) Chief Dotson has promoted fifteen Caucasian lieutenants and one African-American from the 2014 - 2016 testing process. 17) Eighty-one percent of all lieutenants promoted by Chief Dotson from 2013 through June of 2016, have been Caucasian. 18) On February 15th, 2016, there were eighty-seven commanders within SLMPD to include the chief of police, twenty-one were African-American, and one is Hispanic. 19) In 2015, during the Sergeant Assessment Center, Chief Dotson appeared at the exact time that an qualified candidate entered the testing. This officer possessed more supervisory knowledge than most tenured supervisors. This officer had also clustered in the top 10% on all previous promotional processes, but after Dotson’s visit to the assessment center he scored lower than he had during previous testing. The officer is available for comment. This officer is African-American. This candidate was vocal and voiced his/her disagreement with Chief Dotson’s practices with transfers, promotions, and discipline. 20) Additionally, in February of 2016, Chief Dotson was asked about the current Lieutenant Promotional list, which is due to expire in June of 2016. A Caucasian sergeant, who has been an outspoken critic of Chief Dotson, is the sole candidate left in the C Cluster. During the meeting, Chief Dotson indicated he had concerns about promoting this sergeant because he does not adhere to the philosophy of the Police Department. The sergeant is well respected among his subordinates, commanders, and peers. Also, there are numerous African-American candidates in the next cluster, which is Cluster D for promotion. None of these candidates can be promoted until the qualified Caucasian sergeant is promoted from Cluster C. As of May of 2016, there where approximately three openings for the rank of lieutenant. Chief Dotson has stated he would fill the lieutenant vacancies, but he has also advised the manpower shortage is preventing that from occurring as well. Page 41 of 112 Copyright 2016 © Ethical Society of Police Section VIII: Internal Assessors, Importance of Recording the Promotional Process The City of St. Louis Personnel Director, Richard Frank officially removed internal assessors from promotional testing processes for sergeant and above in late 2015. Furthermore, City Agencies under Director Frank have a longstanding policy of not using internal assessors for their promotional processes because of the high potential of subjective bias. The promotional processes from 2013 and 2014 were administered under Chief Dotson for the rank of Sergeant, Lieutenant, and Captain, with internal assessors. Many of the commanders promoted by Chief Dotson are younger and will hold those positions for years to come. This will hinder the ability of qualified African-Americans to achieve command rank positions in the future. Seventy-five percent of all lieutenants within SLMPD are Caucasian. Lieutenant is the most critical command rank position within SLMPD. It’s the first step to becoming a commander. Commanders are responsible for a majority of the day-to-day internal decisions within SLMPD. Qualified African-Americans can provide a different perspective and skills when policing mostly African-American communities. There are very few AfricanAmerican stakeholders in positions of change (Commanders) within SLMPD, which inherently marginalizes some of the cultural views of African-American stakeholders in our community. Lastly, recording the promotional process is a step toward ensuring all officers have a stake in SLMPD. It is also visual and audio proof officers are graded fairly. In February 2016, Chief Dotson was asked to support recording the promotional process for objective oversight. Additionally, Personal Director Richard Frank has advised the EEOC recommends recording the promotional process. Chief Dotson advised the E.S.O.P. he would send an email to Director Frank in regards to recording the promotional process and would not hinder recording the process. Chief Dotson has yet to send the email stating this. Recording the promotional process would help to ensure all officers are treated equally, with visual and audio proof indicating they were assessed fairly. • In 2016, the E.S.O.P. was advised a SLMPD Sergeant was selected as an assessor for an out of town promotional process. The process was not recorded. During the grading of the assessment process, the sergeant witnessed an Asian-American Female assessor routinely attempt to grade others based on criteria that was not listed as gradable factors by the assessment center. Some of this non-gradable criteria was for appearance and how candidates spoke. This assessor even attempted to grade an Asian-American Male candidate higher despite him failing to provide the feedback that warranted him being graded higher. The SLMPD Page 42 of 112 Copyright 2016 © Ethical Society of Police sergeant that witnessed this incident reported the incident to the assessment company. Section IX - Consistent Promotional Training On several occasions Chief Dotson has been asked to implement consistent promotional leadership training for all officers. SLMPD has no ongoing comprehensive promotional training. The goal of such training is to provide all officers with the opportunity to become leaders through leadership training. The training coordinator for police officers is a civilian, who has never been a police officer. The training coordinator for SLMPD has provided, on average, four hours of in house promotional training per testing period. Despite the lack of training, the training coordinator received a substantial pay raise from Chief Dotson. In February of 2016, Chief Dotson was made aware of leadership courses offered by the City of St. Louis. The training occurs over the course of two years. The training is staggered and provides attendees with on the job training that enhances and shows employees how to become effective leaders. This has been beneficial to several St. Louis City Firefighters who have been promoted after taking the leadership courses. After several meetings with the E.S.O.P. Chief Dotson has yet to adequately resolve the disparities with promotions of African-Americans to the rank of Lieutenant under his tenure and in other areas. To Chief Dotson’s credit he has routinely stated he would allow the E.S.O.P. to create a promotional outline to help officers with promotional training. The E.S.O.P. has developed an objective promotional exam, with objective measurements for all officers. This was completed in the fall of 2015. However, the outcomes of several of the promotional processes under Chief Dotson, as noted above, have already occurred and the irrevocable harm to the careers of many officer, of all races, cannot be corrected. Part II – CRIME Executive Summary Violent crime in 2014 and 2015 was substantially higher than in previous years. SLMPD practices can be viewed as a factor in negative crime numbers. Hot Spot policing has not been completely ineffective; however, the results of Hot Spot policing have not lowered crime over sustained periods of time. Redistricting has failed to consistently lower response times or balanced the call load between patrol divisions. Most districts are in dire need of manpower, but SLMPD has lost well over one hundred officers because of practices implemented by Chief Dotson and Mayor Slay with attrition. Page 43 of 112 Copyright 2016 © Ethical Society of Police The lack of a Narcotics/Vice Section focused solely on long term narcotics and vice investigations can also be viewed as a contributing factor in the increase in crime. Chief Dotson has prioritized crime in Downtown St. Louis when crime has been higher in other locations. Lastly, the patrol division with the highest amount of homicides and shootings has the least amount of manpower. The following will be addressed in Part II: • • • • • • • Attrition has been problematic. Hot Spot Policing has not lowered crime long-term. Redistricting has not balanced the calls for service or lowered response times. SLMPD is one of a few Major Metropolitan Police Departments without a Narcotics/Vice Section. Narcotics Related Homicides. Homicide Numbers. Crime Downtown versus Everywhere Else in St. Louis City Section I: Problems with Attrition In 2013, Chief Dotson stated he would allow SLMPD to eliminate some officers through attrition. (CBS St. Louis - KMOX, 01/02/2013). He further stated, “The money saved would generate an extra $1.5 million a year for either raises, more officers or more equipment.” (CBS St. Louis, KMOX, 01/02/2013). Additionally, “Mayor Slay’s administration pledged to reduce the city’s police force by 80 officers through attrition.” (Pistor, Nicholas, 12/3/2014). Be advised former SLMPD Chiefs, Joseph Mokwa and Daniel Isom have also publicly acknowledged SLMPD would downsize through attrition. Chief Dotson also advised Redistricting and Hot Spot Policing would help to lower call response times and crime. Redistricting has been ineffective and Hot Spot Policing, from a broader perspective, has had some success, but it cannot be implemented in its totality because attrition has drastically impacted manpower. Mayor Slay and Chief Dotson made a serious miscalculation in regards to attrition. Their miscalculations have been detrimental to the safety of the community and officers. Concerns about manpower had been a problem for patrol officers even before Chief Dotson became Chief of Police. On November 23rd, 2005, former SLMPD Chief, Joseph Mokwa advised, “We were a hundred something recruits short and we were 80 officers short in the district.” (Beene, Bill, 11/23/2005). Furthermore, after the stock market crashed in 2008, several officers eligible for retirement left SLMPD fearing they would lose money they invested in their retirement. Both high-ranking commanders and officers left SLMPD to preserve the money they'd invested. This effected manpower at all ranks. Also, for several years some Specialized Units and selected overlay patrol areas were heavily stacked with manpower to handle Page 44 of 112 Copyright 2016 © Ethical Society of Police specialized assignments while regular and night watch radio patrol cars handled excessive call volumes, with minimal manpower. As of February 2016, SLMPD was approximately ninety-four officers under the manning table. Attrition on this level doesn't happen over night. Attrition wasn't the answer. This is even more evident with the rise in violent crime in 2014 and 2015. Mayor Slay and Chief Dotson have attributed the rise in violent crime to the “Ferguson Effect.” On December 3rd, 2014, Mayor Slay stated, “I do think there is a Ferguson effect...I don’t think it is coincidental. There is a higher level of emotion and a higher level of anxiety.” (Pistor, Nicholas, STL Today, 12/3/2014). Allowing SLMPD to downsize through attrition is partly to blame for why St. Louis is currently in a crime-crises and in dire need of officers. Furthermore, Mayor Slay and Chief Dotson correlating increased violence with the death of Michael Brown as the ‘Ferguson Effect,’ appears to be an attempt by them to stir clear of ineffective managerial decisions. Redistricting, not prioritizing manpower in Community Engagement, and attrition have been factors that have negatively impacted violent crime. Additionally, SLMPD, like so many other police departments around the country is experiencing higher crime in urban areas. At some point upper management has to bear some of the responsibility for their inability to decrease crime in disconnected communities of color. Police Departments cannot decrease crime at this level on their own. The communities we serve and police within must be committed to solving crime as well; however, police departments can provide policing strategies that will help to decrease the level of distrust and disconnect. Per an article written in the STL Today, Criminologist Richard Rosenfeld stated, “They (police departments) have to begin forging a new relationship or repairing the existing relationships with communities of color. … The police have to begin attempting to convince people on a household-to-household basis of two things – first of all that they are there to protect them. They do take crimes that occur in those communities just as seriously as they take crimes that occur elsewhere … and secondly that they are not there to harass community members who are innocent of any wrongdoing, that when they stop someone on the street they have made that stop according to constitutional standards, those are the things that have to be done in order for this relationship – and it’s really a wound – to heal. And it’s going to take time. But I see no other way around this.” (Kohler, Jeremy, 7/2/2016). Section II: The Problems with Hot Spot Policing The E.S.O.P. questioned the overall effectiveness of Hot Spot policing and redistricting on 11/24/15. Chief Dotson told STL Today, Reporter Christine Byers, “Our crime-fighting strategies are working, and to say otherwise is being disingenuous to the work our officers are doing.” (Byers, Christine, 11/24/2015). Chief Dotson’s words were in response to the E.S.O.P.’s “No Confidence” press conference on 11/24/2015. Per statistics, and a news article in STL Page 45 of 112 Copyright 2016 © Ethical Society of Police Today violent crime was staggering in 2015. (Millitzer, Joe, 2/9/2016). Violent crime for two continuous years has been higher under Chief Dotson’s tenure than the previous police chief. St. Louis being considered one of the most violent cities in the nation by the FBI is not “disingenuous,” it is alarming. Hot Spot policing has had some levels of success, but overall it has not been effective at curbing violent crime. Chief Dotson has been a major proponent of Hot Spot policing. In theory it appears as a reasonable crime strategy, but it cannot be effectively implemented because of attrition. Hot Spot policing takes a large number of officers out of other high crime areas and places them in areas that are experiencing higher crime. One SLMPD North Patrol Officer publicly criticized Hot Spot policing, voicing the concerns of many officers. “This Hot Spot policing is killing us this summer. They've got to stop pulling these officers out of each district…You're going to see less and less police presence this summer, because of the robbing of our district's officers for every little detail they have.” (Greenwald, Dan, 4/17/2015). The fact is most officers remain out of service longer while investigating violent crime. This is especially true in District Five and District Six, which has more homicides and shootings. Officers don't often spend the same time out of service investigating property crimes as they would homicides, robberies, shootings, and other violent crimes. When officers investigative violent crime it can lead to calls for service being held longer before being dispatched to an officer. Districts Five and Six comprise well over half of the total number of homicides between 2012-2015. Additionally, when homicides occur a large percentage of district manpower is utilized for securing the scene and assisting with the initial investigation. If priority two calls are dispatched when homicide scenes and other non-deadly assaults are being investigated manpower is often utilized from other areas, which leaves these areas short staffed as well. Some of the issues with manpower and response times are related to redistricting. Officers are overworked and often times overwhelmed with calls for service. Section III – Redistricting In 2013, Chief Dotson and Jerry Baumgartner, from SLMPD’s Planning and Research Section believed having equal numbers of officers in each district would improve response times and balance the workload, even in areas with more violent crime. (Byers, Christine, 10/18/2013). Chief Dotson at the time stated, “He expects criticism of the plan, mainly from those who might take issue with having as many officers in violent areas as quieter ones.” (Byers, Christine, 10/18/2013). Baumgartner supported Chief Dotson’s claims and advised; “Basing district boundaries on types of crime doesn’t make sense because trends are unpredictable, whereas the number of calls for service remain more consistent.” (Byers, Christine, 10/18/2013). Calls for violent crime in the North Patrol Division has been consistent, and unfortunately far from unpredictable. Page 46 of 112 Copyright 2016 © Ethical Society of Police Baumgartner also suggested, “The department consider redistricting with each new census, to ensure the level of calls and crime remain balanced. But, he said, that would not be an easy undertaking.” Chief Dotson mirrored his sentiments, “A lot of agencies don’t do this because it is so hard and so painful, but I believe it is the right thing to do to make life better for the officers and the community.” (Byers, Christine, 10/18/2013). Baumgartner went so far as to state, “Whether it’s a call for shots fired or a suspicious person, in either case, the potentials for a crime to have occurred are possibly the same,” Baumgartner said. “So rather than carve up the city based on types of crime, we’re looking at the broader scope of demands for police service.” (Byers, Christine, 10/18/2013). These statements are alarming. A homicide, Assault 1s t- Shooting, Assault 1st - Cutting, and armed robberies are not comparable to that of a call for a vehicle break-in, or other nonviolent crime. Yes, it is a call for service, but the manpower and time out of service is vastly different for a violent crime versus a property crime. Chief Dotson and Baumgartner were incorrect about redistricting and balanced workloads. Workloads for patrol divisions aren’t mirrored, especially in regards to Priority Two calls. Some areas of the city, more specifically the North Patrol Division, have more Priority Two calls. Priority Two calls, per SLMPD policy, require an officer to respond immediately to the call while obeying all traffic signs and signals. Priority Two calls can be: sex crimes, arsons, robberies, shootings, assaults and crimes with the suspect on the scene. It is the E.S.O.P.’s belief SLMPD dispatchers and Patrol Sergeants do an excellent job of managing these calls with the manpower given. Both redistricting and Hot Spot policing needs to be reevaluated. In 2013, Chief Dotson said redistricting would “improve response times because there will be a more balanced workload.” (Byers, Christine, 10/18/2013). However, response times actually increased in the South, Central, and North Patrol Divisions, after redistricting. The below listed table, indicates response times from January 2012 – May 2012 versus January 2016 – May 2016. Before redistricting and after. 2012 South, Central, North Patrol Avg. Min. Call Received to Arrival Time January 10.2 February 10.3 March 11.0 April 11.4 May 11.1 2016 South, Central, North Patrol Avg. Min. Call Received to Arrival Time January 11.4 February 11.2 March 11.7 April 12.3 May 12.2 Page 47 of 112 Copyright 2016 © Ethical Society of Police Statistics also indicate held call times for priority two calls have increased in some divisions. As written in the above paragraph, priority two calls are calls officers must respond to immediately. Calls are held when there are no officers available to handle the call. Held priority two calls are broken down by SLMPD by timeframes in excess of five and fifteen minutes. In January of 2016, in Districts 1-6, there were a total of 1,634 priority two calls held in excess of five minutes before the calls could be dispatched. The North Patrol Division accounted for 721 of the 1,634, which is 44% of the total calls held in January of 2016. This simply isn't a balanced workload as Chief Dotson and Baumgartner indicated. Central Patrol accounted for 529 held calls, for 32%, and South Patrol accounted for 380, for 23% of held calls in January of 2016. January of 2016 wasn't the only month in which priority calls were held longer in North Patrol in 2016. Please see the below table. 2016 South Patrol Percentage of Calls Held over 5 Minutes January 23% February 23% March 19% April 20% May 23% 2016 Central Patrol Percentage of Calls Held over 5 Minutes January 32% February 35% March 32% April 33% May 33% 2016 North Patrol Percentage of Calls Held over 5 Minutes January 44% February 42% March 48% April 47% May 44% Additionally, in January of 2012, there were a total of 1,350 combined calls held five minutes or longer for the entire month of January of 2012, for South, Central, and North Patrol. At the time, there were nine districts. North Patrol accounted for 472 of the 1,350 calls held, which was roughly 35% in January of 2012, Central Patrol accounted for 378 of calls held, for 28%, and South Patrol accounted for 496 of the 1,350, which accounted for 37%. It appears call loads were more balanced in 2012. 2012 South Patrol Total of Calls Held over 5 Minutes January 37% February 33% March 35% April 40% 2012 Central Patrol Total of Calls Held over 5 Minutes January 28% February 29% March 29% April 24% Page 48 of 112 2012 North Patrol Total of Calls Held over 5 Minutes January 35% February 37% March 35% April 35% Copyright 2016 © Ethical Society of Police May 42% May 24% May 32% Furthermore, statistics for priority two calls held since redistricting indicate the North Patrol Division; District Five and District Six, have more priority two calls held than any other division. The North Patrol Division has more homicides and non-deadly shootings; however, manpower in this patrol division is the lowest—with a combined 235 officers. Central Patrol, which covers, District Four, in Downtown St. Louis as of 6/6/2016, has 271 officers—Central Patrol also includes District Three. South Patrol, which covers Districts One and Two, have a combined, 251 officers. Additionally, when manpower is removed from areas with high priority two call volumes for details; it can leave areas that routinely handle more violent crime with longer response times. Hot Spot policing and redistricting have become problematic. Manpower should not be dedicated to Hot Spot policing when call volumes are high in any district. In April 2015, Chief Dotson continued to maintain that Hot Spot policing was working. “It does not impact our response times. It does not impact our staffing. If a district does have a problem, like officers on vacation, we use overtime to backfill to make sure we have cars.” (Greenwald, Dan, 4/17/2015). This statement was inaccurate. Overtime was not mandatory in April of 2015. Also, SLMPD reported there was a “50 percent reduction in firearm assaults in Hot Spots during a nine month period.” (Byers, Christine, 5/7/2015). While the numbers are seemingly impressive, Chief Dotson often announced where Hot Spot patrols where going to occur. Logic would lead one to believe those seeking to commit crime would stay out of Hot Spot areas and commit crime in less patrolled areas. It is also safe to assume violent crime would be lower in areas where large numbers of officers are on visible patrol. Even with that reported by SLMPD violent crime has been on the rise for two years. In 2015, STL Today reported that crime compared to the same time the previous year saw a 52% increase in robberies and a 59% increase in aggravated assaults with a gun. (Byers, Christine, 4/8/2015). Regardless of the statistical play on Hot Spot numbers crime in the City of St. Louis was drastically up in 2015 compared to 2014. The E.S.O.P. does not believe Hot Spot policing has been completely ineffective, but it has not had the promised overall impact on the most serious crimes. Please note: Mandatory overtime was introduced on June 1st, 2016, after a violent murder and kidnaping in Downtown St. Louis, and manpower shortages throughout the city. There have been numerous times when patrol divisions have only had a few officers to patrol an entire district. Districts are also short-staffed because manpower has been pulled from normal patrol assignments for details. Page 49 of 112 Copyright 2016 © Ethical Society of Police Section IV - No Narcotics/Vice Section Within SLMPD & Murder Statistics The E.S.O.P. will readily admit that violent crime has been on the rise in numerous cities throughout the United States. However, basic preventative investigative measures are critical in lowering violent crime. The current Board of the E.S.O.P. has well over one hundred and sixty combined years of law enforcement experience and believes the lack of a Narcotics/Vice Section within SLMPD has been detrimental to SLMPD’s ability to lower violent crime. On 6/11/2016, Chief Dotson stated on a local television show that he placed homicides in “three categories: drugs, money, and personal disputes.” (KPLR11.com, The Pulse of St. Louis, 6/11/2016). This is accurate. Chief Dotson believes drugs and money are two of three categories that leads to most of homicides; however, the SLMPD doesn't have a Narcotics/Vice Section. SLMPD is one of a few major Police Departments in the country without a Narcotics/Vice Section. Chief Dotson often qualifies Special Operations Detectives as Narcotics Detectives, but they aren’t focused solely on narcotics. Special Operations Detectives can be detailed on car break-ins and other non-narcotic related assignments at the direction of the Chief and their commanders, which often occurs. Chief Dotson has stated Special Operations Detectives are “generalist,” that focus on “drug buys, violent offenders with guns, stolen autos…they do a variety of things.” (KPLR11.com, The Pulse of St. Louis, 6/11/2016). When SLMPD had a Narcotics Section crime was lower. In 2013, when Chief Dotson became the Chief of police our Narcotics Section was disbanded. At the time, Narcotics detectives were focused on long term narcotics investigations, which targeted major and lower level drug rings. Long-term narcotics investigations help detectives build substantial drug conspiracy cases under federal law. This means, there will be longer punishments for violent drug traffickers, human traffickers, gang related crime, narcotics related murders, and other violent crimes associated with the sale, delivery, and distribution of narcotics. It is widely known that where there are drugs there are guns, which can and often leads to violence. It is also known that large and lower scale criminal enterprises, such as organized gangs sell, distribute narcotics, promote human trafficking, and homicide. This knowledge falls in line with Chief Dotson’s statements that homicides occur mostly because of “drugs, money, and personal disputes.” (KPLR11.com, The Pulse of St. Louis, 6/11/2016). Furthering the need for a Narcotics Section within SLMPD is that, in “January 2016, a cocaine trafficking ring was believed to be responsible for as many as 17 homicides in the St. Louis area. (Patrick, Robert, STL Today, 1/14/2016). The article also indicates “the actual tally is much higher.” (Patrick, Robert, STL Today, 1/14/2016). Chief Dotson is quoted as stating, Page 50 of 112 Copyright 2016 © Ethical Society of Police “This is one of the biggest roundups of violent offenders in the city of St. Louis…As we kept peeling away at it, we kept finding there was more and more to it that ultimately connected St. Louis to Texas and Mexico…I’m hoping to see a reduction in the amount of narcotics coming into the city and a slowing in violence in the city’s crime rate overall. This is a great case with great arrests but there’s still a lot more work to do.” (Patrick, Robert, STL Today, 1/14/2016). How many homicides could have been prevented by having a Narcotics Section? The E.S.O.P. can only imagine what effect a Narcotics Section would have had with “slowing violence in the city.” It is widely known that Narcotics Sections under previous chiefs of police have worked closely with the SLMPD Homicide Section. Over the years, Narcotics/Vice Detectives have been able to provide Homicide Detectives with critical leads in regards to narcotics related murders. As indicated, in the STL Today news article from 2016, the City of St. Louis had seventeen narcotics related homicides. Homicides often occur over the use, sell, or distribution of narcotics. Most skilled Narcotics Detectives know that most narcotics dealers protect their narcotics and currency with weapons, which will inevitably lead to violent crime. Lastly, in the past, reliable informants have been developed through SLMPD’s Narcotics/Vice Section. Informants traditionally provide detectives with intelligence. Intelligence allows police departments to identify burgeoning areas of criminal enterprises and new drugs before they become a broader problem. Intelligence from reliable informants can help SLMPD prevent and solve crime. These informants have been able to provide SLMPD Officers with ‘stash houses’ that hold large quantities of guns, narcotics, and currency used to facilitate crime, and most importantly violent crime. Intelligence gathered from drug informants has also lead to arrests of homicide suspects. The fact is, homicide victims since Chief Dotson’s tenor have steadily risen. Many of those homicides as Chief Dotson has stated are over ‘drugs, money, and personal disputes.” This is why having a Narcotics/Vice section is important. Section V: Homicide Statistics, Location of Homicides, and Manpower in the Homicide Section On December 31, 2014, STL Today reported, “St. Louis Homicides are up more than 30 percent in 2014 to highest total since 2008.” (Currier, Joel, 12/31/2014). Homicides had increased by nearly 60% by July 2015 compared to the same timeframe in 2014. (Held, Kevin, Fox2Now, 7/8/2015). The numbers are alarming, and clearly show an increase in homicides. By the end of the summer in 2015, some detectives assigned to the Homicide Section had as many as seventeen homicide scenes—one had nineteen by September of 2015. Chief Dotson did not increase the staffing within the Homicide Section until he received pressure from public officials. Chief Dotson temporarily detached five detectives to assist the Homicide Section. During the same timeframe, the Special Operations Section had nearly triple the number of Detectives Page 51 of 112 Copyright 2016 © Ethical Society of Police assigned than the Homicide Section. The Intelligence Section had thirty-nine detectives; almost double the manpower in the Homicide Section. SLMPD reported the following Uniform Crime Reporting (UCR) homicide victims from 2012 - 2015. There have been roughly 580 victims of homicide in four years. • • • • 2012 - 113 UCR homicide victims. 2013 - 120 UCR homicide victims. 2014 - 159 UCR homicide victims. 2015 - 188 UCR homicide victims. (SLMPD Homicides Statistics: UCR Homicides, 1/11/2016) The UCR homicide statistics do not include prior victims of violent crime that later die and have their deaths ruled a homicide by the medical examiner. A victim of shooting in 2012 could expire from their injuries in 2015. Even though the act of violence occurred in 2012, the victim expiring in 2015 makes them a victim of homicide in 2015. For example, Chief Dotson reported the City of St. Louis had “73 homicides” on 6/11/16, in an interview on the local television show. (KPLR11.com, The Pulse of St. Louis, 6/11/16). The truth was, there were 83 cases classified as homicides in 2016, by the medical examiner in 2016, as of 6/11/2016. Chief Dotson failed to include ten homicide victims in that statistic. The total number of homicide victims since 2012 – 2015 is actually around 621. (SLMPD) Homicide Totals from 2012-2015) • • • • 2012 - 123 UCR homicide victims. 2013 - 134 UCR homicide victims. 2014 - 166 UCR homicide victims. 2015 - 198 UCR homicide victims. A majority of the homicides in the City of St. Louis have occurred in North Patrol, in Districts Five and Six. The North Patrol Division comprises well over half of the total number of homicides between the combined six districts from 2012-2015. (SLMPD UCR Homicides 2012-2015). A majority of the North Patrol Neighborhoods are African-American. Statistics on February 15th, 2016 and June 6th, 2016 indicated Districts Five and Six had the lowest amount of manpower. Statistics indicates nearly 90% of homicide victims were AfricanAmerican from 2012-2015 in the City of St. Louis. As stated previously, the E.S.O.P. will address systemic factors with violent crime, such as unaccredited St. Louis Public Schools, mass Page 52 of 112 Copyright 2016 © Ethical Society of Police incarceration, mental health in the inner city, poverty, and other factors in an upcoming document. Please note: District Four which covers Downtown St. Louis had the highest amount of manpower. Section VI - Crime in Downtown St. Louis vs. Everywhere Else In February 2015, Chief Dotson requested the assistance of the Missouri Highway Patrol to assist in Downtown St. Louis after a rash of violent crimes in the revenue driven area. During that same timeframe, violent crime was equal or much higher in many South, Central, and North St. Louis Neighborhoods. Officers and victims where overwhelmed with crime throughout the city. Chief Dotson stated, “This was never about not being able to provide necessary security for downtown. It’s about doing increased security above and beyond.” The request for the Highway Patrol was not received well by many officers and community leaders. Despite Districts Six and Five, having the highest number of homicides and violent crime for several years no assistance to our knowledge was sought from the Highway Patrol by Chief Dotson for these areas. In the same article, Missouri State Representative, Kurt Schaefer said he was “outraged by Dotson’s request…If that’s not the biggest red flag for problems in law enforcement, then I don’t know what is…The answer is to find a real solution and not have the people of the state of Missouri pay for what is otherwise a lack of leadership in law enforcement.” (Stuckey, Alex, 2/3/2015). On September 25, 2015, Mr. Christopher Sanna, a veteran, was the victim of a heinous unprovoked shooting and robbery in Downtown St. Louis. Chief Dotson said the shooting investigation was a priority for the department and requested help from the FBI. (Bell, Kim, 9/28/2015). There were over 1,200 victims of robberies within the City of St. Louis in 2015. In the days immediately before the tragic incident involving Mr. Sanna, there had been other robberies where the victims were shot. These incidents occurred in Central, South, and North St. Louis. The victims were of different races and the robbery/shootings were all unprovoked. Neither of these cases occurred in “the revenue generating” area of Downtown. Mayor Slay and Chief Dotson failed to speak publicly and in detail about their victimization: 1) On September 9, 2015, two robbers approached two men walking in the city's Tower Grove South neighborhood. After the victims turned over backpacks and wallets, one of the robbers opened fire. One man was hit in the leg. The injured man was taken to a hospital, were police said he was stable. (Bell, Kim, 9/28/2015). Page 53 of 112 Copyright 2016 © Ethical Society of Police 2) On September 21, 2015, two suspects robbed a man as he sat in his car near the intersection of Virginia Avenue and Osage Street. Police say the victim handed over money, but one of the robbers shot him. The victim was expected to survive. (Bell, Kim, 9/28/2015). 3) On September 24th, 2015, a woman was shot in the leg and robbed near Tower Grove Park. The attack was unprovoked. (Schremp, Valerie, 9/24/2015). 4) In September of 2015, a man in the North Patrol area was robbed and shot in the head. He survived his injuries. After the tragedy of Mr. Sanna, Mayor Slay was quoted as “authorizing unlimited overtime for police staffing for such events as baseball's playoffs — and that beefing up police presence for them is routine.” (Suhr, Jim, 10/8/2015). Unlimited overtime is not routine. And the fact is, the FBI is not regularly called to assist with robbery investigations. There are just too many robberies. There were fifteen murders and ninety-eight robberies in September of 2015 per SLMPD public violent crime statistics. Chief Dotson and Mayor Slay did not publicly announce FBI assistance for the murders and armed robberies of all of these victims. A vast majority of violent incidents were outside of Downtown St. Louis in September of 2015. Robbers and other violent offenders are mobile and often opportunistic. Eliminating and actively flushing out violent offenders in other areas, in North, Central, and South St. Louis could have lowered crime elsewhere. In 2015, a rash of arson related fires occurred at predominately African-American churches. The fires where manly occurring in North St. Louis. Special Operations, per Captain Ryan Cousins was not assigned to this area to assist as they had been during incidents downtown. The E.S.O.P. was advised Mayor Slay didn't offer unlimited overtime, nor did Chief Dotson. Additionally, Chief Dotson had not responded to the scenes of nearly all of the arson incidents until there was an arson at a Catholic Church in the Downtown area. Downtown appears to be more of a priority. On May 22nd, 2016, Brandi Hill was brutally murdered when armed suspects robbed her of her vehicle and kidnapped her infant child on Washington Avenue in Downtown St. Louis. (Koehler, Jeremy, 2016). In the wake of Hill’s horrific murder Mayor Slay and Chief Dotson advised there would be more police presence in Downtown St. Louis. Mayor Slay stated SLMPD would enforce all infractions in Downtown St. Louis. “Everything from loud noise, disruptive behavior, like motorcycles flying down the street, speeding. And we're going to give them tickets and they'll go to court. If they don't, we'll put out a warrant,” said Mayor Slay. (Randhawa, PJ, 5/27/2016, KSDK). Further, Mary Ellen Ponder, Mayor Slay’s Chief of Staff advised, “Everything will be enforced — from major crimes to municipal ordinance violations such as Page 54 of 112 Copyright 2016 © Ethical Society of Police excessive noise, panhandling and public urination, among others.” (CBS St. Louis, 5/26/2016). Many of the people that will be effected by Ponder’s and Slay’s statements are the homeless in Downtown St. Louis. Unfortunately, SLMPD has a sordid history with the homeless and poor in Downtown St. Louis. In 2004, “A federal judge ordered police not to force homeless people from the city’s public spaces if they have a right to be there, amid a lawsuit claiming officers violated some homeless people’s rights.” (Columbia Daily News, 10/15/2004). The lawsuit further states, “Thirteen people - all but one of them currently homeless - say in a Sept. 17 lawsuit that police have engaged in a pattern of harassment in trying to clean up downtown... According to the complaints outlined in the lawsuit, dozens of homeless people were arrested over the July Fourth weekend to remove them from downtown during Fair St. Louis. The complaint alleges that police threw firecrackers at homeless people in a downtown park, then rounded them up and arrested them.” (Columbus Daily News, 10/15/2004). The targeting and arrest of the homeless during this incident placed an ugly stain on our city. In an interview with CBS Radio, Chief Dotson voiced his displeasure with others feeding the homeless. He stated, “The whole idea is to help that population transition back into housing, transition back into jobs,” Dotson says. “And if we make it too easy – give them food, give them clothes, allow them to live on the street – they never go to those service providers.”( CBS St. Louis-KMOV, 6/16/2016). He further added, “St. Louis is not a “food desert” and there are plenty of opportunities for the homeless to find a meal and other social services.”(CBS St. LouisKMOV, 6/16/2016). There is nothing “easy,” about being homeless. We suggest those that believe being homeless is “easy” live a day in the life of a homeless, man, woman, or child before deciding feeding them is not the right or humane action. Chief Dotson and Mayor Slay were placing focus on the wrong individuals. It would be unwise to believe violence didn't occur among the homeless population Downtown; however, armed robbery and shooting suspects don't often match the demographics of the Downtown homeless population. Chief Dotson, overwhelmed Downtown St. Louis with manpower in the wake of the brutal murder of Brandi Hill in May of 2016. Chief Dotson went so far as to add 20 extra officers to patrol in Downtown St. Louis. Chief Dotson even walked a “foot beat” with officers. (Kiekow, Anthony, 5/28/2016 KMOV). He was captured in photographs from the press interacting with patrons in Downtown St. Louis as he walked the foot-beat. The E.S.O.P. cannot recall any time in which Chief Dotson walked a similar “foot-beat” in any areas of North St. Louis or other neighborhoods when there have been tragic incidents similar to the murder of Brandi Hill. Page 55 of 112 Copyright 2016 © Ethical Society of Police After the senseless murder of Brandi Hill, the E.S.O.P. Board was advised of the following incidents handled by Homicide which were handled differently by Chief Dotson: 1) On 5/30/16, a twenty-eight year old male was shot numerous times in the 4100 block of W. Florissant. Chief Dotson did not respond to the scene or the hospital. The Homicide Section handled the incident. The victim is African-American. 2) On 5/30/16, the Homicide Section handled a shooting and robbery incident, in which a twenty-seven year old male was the victim. The victim was able to shoot one of the assailants that shot and robbed him. This incident occurred in the Downtown St. Louis Neighborhood. Chief Dotson responded to the scene and hospital. The victim of the robbery is Caucasian. The suspects in the robbery were AfricanAmerican. The E.S.O.P. was advised around the same timeframe (5/30/16) that Chief Dotson patrolled Downtown St. Louis with twenty additional officers there had been more violent crime in other areas of the city. There were approximately forty-six combined UCR homicides in District Five and District Six as of 5/30/2016. The Fourth District has more manpower than any patrol division. There were a total of fourteen UCR homicides in District Four, which comprises Downtown St. Louis, as of 5/30/2016. District Five and District Six are predominately AfricanAmerican neighborhoods. Removing violent criminals off the streets in all areas of the city should be a priority. The Mayor’s Office and Chief Dotson’s approach to crime prevention is very alarming. We disagree with the notion that enforcing nuisance crimes against the homeless such as ‘panhandling and public urination’ will reduce violent crime in Downtown St. Louis. Many within our homeless population resort to panhandling and urinating in public because of their financial status, mental illness, or both. However, the homeless population Downtown is rarely sought for committing homicides. Additionally, during the increased patrols in Downtown St. Louis Chief Dotson introduced a crime-reporting app for mobile devices. The app would allow citizens to report crime anonymously. On 6/2/2016, Chief Dotson celebrated the success of this app after an arrest for ‘panhandling.’ The SLMPD Twitter page stated, “Seeing the results from SLMPD mobile. First official arrest as a result of our app made yesterday after an anonymous tip for panhandling.” (SLMPD Twitter, 6/2/16). The arrest for panhandling angered several members of our community. At some point, Mayor Slay and Chief Dotson need to address failures with lowering violent crime and stop placing so much blame on others and the “Ferguson Effect.” Homicides in the Page 56 of 112 Copyright 2016 © Ethical Society of Police City of St. Louis increased in 2013, compared to 2012. Indicating homicides had been on the rise since 2013, not after the events in Ferguson in 2014. In 2014 and 2015, St. Louis was named the third most violent city per capita in the United States. (Johnson, Mason, 10/22/2015). In 2016, the FBI ranked St. Louis as the number one city for violence per capita. (Millitzer, Joe, 2/9/2016). Chief Dotson has had well over three years to address violence through his policing practices, but he has consistently failed to do so. The E.S.O.P. will concede that many major cities are experiencing increases in crime; however, Chief Dotson and Mayor Slay are tasked with motivating officers and instituting crime and community plans that will lower crime. Part III – Discipline Executive Summary Chief Doyle Samuel Dotson is more than three years into his tenure. He has subjected officers and civilians to inconsistent discipline practices. In Part III of this evaluation, the Ethical Society of Police details inconsistent and alarming discipline practices that warrant further review. Many of the officers facing inconsistent punishment are African-American, or lack the political, or internal connections to nullify harsher discipline. The E.S.O.P. believes all officers who commit intentional and egregious infractions or violate the law should be punished consistently as outlined by criminal law and Department policy. Ignorance of Department policy and the law are not acceptable excuses. However, discipline must be consistent and equitable. Chief Dotson, is the Appointing Authority and he has control over whether those under his command are placed on paid administrative desk duty, administrative suspension/forced leave without pay, or administrative suspension/forced leave awaiting termination. In years past, the Board of Police Commissioners had the authority to terminate employees through a board trial. Under City Control, Chief Dotson is allowed to hire, fire, promote, transfer, and discipline officers in the manner in which he sees fit. This level of authority is understandable because of the title he holds; however, when the person overseeing the police department uses subjective and not objective and consistent discipline disparities will exist. This has been evident under Chief Dotson’s tenure since 2013. Please note, the rules governing Chief Dotson’s authority are pursuant to the updated Police Manual, Rule 7- Complaint and Disciplinary Procedures, the City of St. Louis Department of Personnel Administrative Regulation NO. 117 – Discipline Policy, and Civil Service Rule XIX-The Police Department Disciplinary Process. These policies have broad guidelines for employees facing disciplinary action and are subjectively implemented. A clear definition of where officers should seek clarification on discipline is fleeting. There are three locations for discipline Chief Dotson can utilize as guidelines when he implements discipline. Page 57 of 112 Copyright 2016 © Ethical Society of Police Punishment for officers who violate internal policies or the law varies, which can lead to unfair discipline outcomes. The E.S.O.P., as sworn officers of the law, are always in support of SLMPD conducting thorough and comprehensive investigations when an officer is alleged to have engaged in conduct that is detrimental to the public and the police department. Officers must be held to the same standards as those they arrest and investigate. However, inconsistent internal discipline processes helps to foster an environment of distrust of law enforcement officers. If SLMPD can't police it’s own officers and civilians fairly it's reasonable to believe SLMPD will have issues with policing the public. Many of the problems with discipline stem from the following: • • • • • • • • • • Chief Dotson has terminated, placed on forced leave, suspended, and harshly disciplined officers investigated for lower level internal infractions, but given officers investigated for murder less discipline. A clear definition of where officers should seek clarification on discipline is fleeting, because there are three locations from which Chief Dotson can utilize as guidelines for discipline. Political or internal affiliations can limit the amount of discipline an officer receives. SLMPD has selectively allowed some officers to work a secondary job in a law enforcement capacity while investigations are occurring and not others. The names and photographs of some officers have been released to the press in news articles in which Chief Dotson has been quoted, despite the lack of criminal charges. Chief Dotson has provided statements about internal investigations to the press before the legitimacy of investigations have been verified. Examples include the statements Chief Dotson made in the article about Officer Durand Brassfield and Officer Keith Major in STL Today on 3/4/2015. Chief Dotson has transferred some officers in violation of the Collective Bargaining Agreement as another form of punishment. Chief Dotson has permanently demoted one supervisor, but has failed to do the same to others who have committed equal infractions. Chief Dotson has immediately placed some officers on forced leave without pay, despite not having proof of the allegations. In some cases where Chief Dotson has realized investigations were severely overstated he has had some officers sign agreements that limited their ability to sue or file a grievance. This is used as a stipulation of their return to duty. Page 58 of 112 Copyright 2016 © Ethical Society of Police • • • • • Chief Dotson has allowed an expedited discipline process to occur with several commanders, but not with officers who have been under investigation for years. The Intelligence Section has spearheaded several investigations that have been overstated - leading to several officers being unjustly placed on forced leave. Chief Dotson has passed on investigations to IAD after Intelligence Detectives have mishandled investigations. Chief Dotson has failed to punish investigators in Intelligence for overstated investigations and a former IAD Sergeant for providing false information in an official police document. Punishments for internal and criminal infractions have a wide range of possible punishments for officers. * The term secondary is a law enforcement term. Officers working secondary work in a police capacity on their own time in approved SLMPD jobs. Many of the above practices with discipline have impacted all officers, but more so African-American officers. As stated above, the E.S.O.P. does not condone clear and conscious violations of department policy and the law by any officers. When any officer commits an intentional or egregious offense against the public or internally these officers should be punished accordingly. Please note, SLMPD policy states, “The Internal Affairs Division shall have sole responsibility for proceeding with serious complaints and serious violations of Departmental rules and regulations, unless another designation of responsibility is made by the Chief of Police.” However, the Intelligence Section under Chief Dotson has investigated many investigations of misconduct at his designation. At times, Chief Dotson selectively uses Regulations NO 117, Rule 7 of the Police Manual, and Civil Service Rule XIX as he sees fit. Part III of the evaluation tracks well over three-dozen instances of discipline against officers and commanders within SLMPD. Several investigations have become stagnant, and have involved inconsistent and subjective discipline practices. On February 9th, 2015, the current Board of the Ethical Society of Police was voted into office. Before taking office, this board and several members of the E.S.O.P. requested a criminal investigation into financial irregularities involving the former president, Sergeant Darren Wilson. Chief Dotson ultimately placed Sgt. Darren Wilson on forced leave without pay. Being familiar with many of the facts of the case, the E.S.O.P. did not object to the decision to place Sgt. Wilson on administrative suspension/forced leave. The E.S.O.P. reiterates, no matter the officer, race, or affiliation— no officer is above rules and the law, even the former president of the E.S.O.P. Page 59 of 112 Copyright 2016 © Ethical Society of Police On 1/21/2015, Chief Dotson spoke to STL Today about Sgt. Wilson’s suspension in detail, which went beyond what should have been stated about a criminal investigation in which the sergeant had not yet been charged. Chief Dotson stated, “This is a police officer accused of stealing from fellow police officers.” He said the FBI would be asked to assist in the investigation because, “there are obviously aspects of public corruption and white-collar crime.” (Byers, Christine, 1/21/2015). Immediately after the investigation began, Chief Dotson provided specifics about Wilson’s investigation to the STL Today, whereas in other instances he had not, citing policy in regards to him not being able to speak about internal discipline investigations. Please note, Sgt. Wilson was indicted in 2016, well over a year after Chief Dotson’s statements. The E.S.O.P. has no issues with Chief Dotson as the Appointing Authority making statements about internal investigations if he did this in every case and not subjectively. It is our belief that it is best to follow the same policy SLMPD adheres to in regards to criminal charges against citizens. SLMPD has traditionally waited until warrants were issued before providing detailed facts about criminal investigations involving citizens. This is a written SLMPD Policy. The premature release of names, photographs, and investigative details prior to warrants being issued against officers can do irrevocable harm, especially when the original investigation is proven to be without merit. This is evident in the cases of Officer Durand Brassfield and Officer Keith Major, who were erroneously accused by Chief Dotson, a former IAD Sergeant, and two Intelligence Detectives of violating the oath of their job, at the federal, state, and city level. The actions toward Officers Brassfield and Major were clear examples in which Chief Dotson abused his authority under the color of his position. This will be described in the below sections. The harm of his actions can never be undone. Section I - Administrative Suspension The terms administrative suspension and forced leave are interchangeable terms within SLMPD and often cause confusion. These terms have not been clearly clarified by Chief Dotson. The Police Manual per Rule 7 indicates: “A member of the Department may be placed on administrative suspension if unfit for duty or when there is evidence of serious misconduct reflecting upon the integrity of the individual or the Department and the nature of the misconduct necessarily requires immediate relief from duties. However, in the following cases, the member will be placed on administrative suspension: (1) pursuant to the provisions of RSMO. 84.120 in the event a felony indictment is issued against the member; and (2) where the recommended discipline for any alleged infraction is that the member be terminated from the rolls of the Department. B. Except when the administrative suspension is ordered by the Chief of Police or the Board of Police Commissioners, it must be reported immediately to the Chief for approval; the Chief has the Page 60 of 112 Copyright 2016 © Ethical Society of Police authority to set aside such administrative suspension and restore the member to duty. C. While under administrative suspension, a member shall surrender all Department property in his/her possession to his/her Commander, upon such demand. If uniformed, the uniform insignia of rank may not be worn. In cases where a commissioned officer owns his/her personal weapon, the privilege of carrying the weapon is revoked during the period of administrative suspension and the officer will be so warned.” Section II - Forced Leave Forced leave is defined in Regulation NO. 117 as the following, “Circumstances may necessitate relieving an employee from duty and thus placing such employee on forced leave pending an investigation and/or a pre-termination review. (Generally, forced leave is appropriate when the employee poses a threat to himself/herself, other employees or the worksite.) In such cases, the appointing authority must notify the Director of Personnel or his designee in writing of his/her desire to place the employee on forced leave and the reason therefore and obtain the Director of Personnel's or his designee's approval within three (3) calendar days or 72 hours. The employee shall be notified in writing by the appointing authority that he/she is being placed on forced leave. The employee may elect to be placed on either vacation or compensatory time, if any. If the employee has no such accrued leave, he/she shall be docked. If circumstances necessitate forced leave beyond thirty (30) calendar days, the appointing authority must request, in writing, the approval of the Director of Personnel prior to the initial force leave expiring, an extension of the forced leave and state the reason for the requested extension. The Director of Personnel or his designee may approve or disapprove a request for extension of the forced leave.” (Regulation NO. 117, 12/14/2012). The E.S.O.P. was advised numerous officers were not afforded the opportunity to use their “vacation or compensatory time,” as indicated under Regulation NO. 117. Others were allowed to use their accrued time in conjunction with their administrative suspension/forced leave while others were not. Some of those officers are listed within this document, several are African-American. Also, select employees have been allowed to appeal their forced leave when their recommendation is termination, but others have faced stagnant discipline processes while on forced leave, facing termination. There is subjective enforcement of discipline practices and policies. Section III - Arresting Victims, Criminal Background Checks of Victims The E.S.O.P. believes SLMPD must promote an environment where citizens and officers feel confident with reporting complaints against officers who have violated the rights of others. In 2013, Jermaine Lacy testified in a hearing against former SLMPD Officer, Charles Proctor. He was arrested immediately after testifying against Officer Proctor at Proctor’s termination hearing. Page 61 of 112 Copyright 2016 © Ethical Society of Police (Byers, Christine, 2/26/2013). The motivation for the arrest, at that time and place, appeared to be retaliatory. In the news article written by STL Today, Chief Dotson stated, “Lacy’s arrest is separate from Proctor’s hearing,” even though the tip came from Proctor’s lawyer’s office. Dotson also said he hoped Lacy’s arrest did not send the message that someone should fear going to jail for bringing an internal affairs complaint against an officer. (Byers, Christine, 2/26/2013). This seemed to be contradictory, especially given the timing of Lacy’s arrest. The arrest of Lacy does little to build trust between the public and SLMPD. The E.S.O.P. does not disagree with Chief Dotson’s decision to seek termination for Proctor based on the video evidence and witness statements. However, conducting a criminal background check on a victim or witness testifying against police officers in a police brutality case appears retaliatory. The history of the reporting party does not make them any less or more of a victim. Lacy is African-American. A background check on victims who are temporarily incapacitated or deceased is reasonable because this information could allow Detectives to identify loved ones and associates. However, a victim with a criminal record is no less a victim. Arbitrarily conducting unjustified criminal background checks on victims can be viewed as biased. There have been documented instances where victims have reported a crime and have been arrested after officers completed criminal background checks on the victim without just cause. This has also lead to IAD complaints and investigations. Section IV - Stagnant & Misinformation in Investigations Internal investigations of officers can and have lasted for years, becoming stagnant, which is unreasonable. This does not comport with due process. These investigations, when compared to the expedited discipline of some commanders, severely impact morale across the board. Police agencies must “have the sense that everyone in the organization is held accountable for their behavior, and if the sanctions are different for similar behaviors, that they are appropriate for the circumstances…Both internal investigations protocol and the disciplinary process must have established completion deadlines.” (Stephens, Darrel, New Perspective in Policing, 6/2011). Under Chief Dotson there have been commanders suspended with expedited investigations, a commander investigated and terminated within ninety days, and officers placed on forced leave for years. Even when policy has guidelines for discipline Chief Dotson has not always followed those guidelines. African-American officers, and officers without internal, or political backing have been disproportionately affected by these subjective and inconsistent discipline practices. In a meeting with Chief Dotson in the spring of 2016, he acknowledged there have been disparities with discipline. Page 62 of 112 Copyright 2016 © Ethical Society of Police Internal Affairs Division investigations can and have lasted years while IAD Investigators await the Intelligence Section’s investigation and Chief Dotson’s decision on whether an employee will remain on administrative duties with pay, administrative suspension/forced leave, or terminated. In some cases, Chief Dotson has verbally provided recommendations, but has failed to initially share his recommendations with IAD Investigators, who are responsible for preparing the final paperwork that outlines the discipline. The E.S.O.P. believes Chief Dotson can improve the stagnant internal processes with discipline through the use of updated technology that tracks and compares SLMPD discipline procedures. SLMPD currently has early warning software, but it is limited. Furthermore, in a December 2015 meeting, Chief Dotson was asked to implement better computer aided IAD software. Chief Dotson advised SLMPD was in the process of completing this, but he was unable to provide an exact time frame for implementation. The updated software would provide SLMPD with warning signs about officers who are routinely involved in a pattern of resisting arrest incidents, and have a history of repetitive complaints. The updated software would also track the discipline process for SLMPD officers, to ensure discipline was not biased. St. Louis County and several major Police Departments have discipline tracking software. The discipline practices within SLMPD have traditionally been subjective even with punishment guidelines in place. Subjective and inconsistent discipline is fraught with bias, which can undermine confidence in the process for both citizens and officers. Updated tracking of discipline would help SLMPD properly manage discipline complaints and outcomes to help identify and eliminate disparity with complaints. On April 1st, 2015, a former IAD sergeant and now retired commander acknowledged thirty investigations were over two years old due to SLMPD transitioning under local control. Local control of the St. Louis Police Department began on September 1st, 2013. The former IAD sergeant and retired commander wanted to clear the back logged cases and proceed with discipline. The former IAD Sergeant told Sgt. Heather Taylor, the current President of the E.S.O.P., the cases involving E.S.O.P. members would receive less penalties because of the length of the investigations. As expected, this did not occur in some cases. Section V - Photographs of Officers Released without Warrants Issued When the names and photographs of several officers are released to the media at the very same time Chief Dotson is quoted in a news article this is troubling. In the case of Officer Durand Brassfield and Officer Keith Major, Chief Dotson’s statements to the media were misguided about their investigations, especially since both have been returned to full duty with back pay. The article reported, “the Drug Enforcement Administration, FBI, U.S. Attorney’s Office and the St. Louis circuit attorney’s office are now involved in the investigation, according Page 63 of 112 Copyright 2016 © Ethical Society of Police to a statement issued late Wednesday by the police department.” Chief Sam Dotson even stated, “The department will continue to be vigorous in efforts to root out officers whose actions compromise the integrity of the organization. We hold our officers to a high standard and expect them to abide by the very same laws they are sworn to uphold.” (Byers, Christine, STL Today, 3/4/2015). This was a damning statement against the character of two of the three officers in the news article. Brassfield and Major never faced any federal, state, or city charges. Two Intelligence Detectives, an IAD Sergeant, and Chief Dotson initiated an administrative suspension/forced leave without justification on Brassfield and Major relative to this investigation. When it was time to correct the error—Chief Dotson, the now former IAD Sergeant, and the two Intelligence detectives failed to be held accountable for their actions by Chief Dotson. The careers of these officers were held in limbo as the false investigations continued and concluded without justification of forced leave. It is ironic that SLMPD stated to a media outlet, “It is not their policy to release the names of officers who are under investigation or placed on suspension.” (Addictinginfo.org, 12/26/2014). However, Officer Brassfield and Officer Major and others have had their names released to the public without justification. Chief Dotson’s practices are not consistently applied. Lastly, the picture of former SLMPD Officer, Jason Stockley, was not immediately released in the STL Today when they first broke his warrant arrest for Murder 1st and Armed Criminal Action in May of 2016. His photograph was released the following day. Former SLMPD Sergeant Darren Wilson, Officer Keith Major, and Captain Ryan Cousins’ photographs were all released in news articles in which Chief Dotson was quoted in when their investigations began. Cousins, Brassfield, and Major have not been charged with a crime. Section VI - Misleading Information Prepared in Internal Investigations The E.S.O.P. was advised several investigations Chief Dotson allowed Intelligence Detectives to investigate have resulted in officers being unjustly placed on administrative suspension/forced leave, without pay for extensive periods of time. Some Intelligence investigative findings, which have lead to officer suspensions, have been misleading. After realizing some of these investigations are without merit, the investigations have been handed over to IAD Investigators to complete. Many officers are urged by Chief Dotson to sign an agreement that does not allow them to sue or grieve their tainted discipline process upon their return. The documents are not binding in a civil court; however, officers often sign the agreement under duress because they have been without pay and medical care for themselves and their families for months, even years. Page 64 of 112 Copyright 2016 © Ethical Society of Police Discipline appears to be willfully subjective under Chief Dotson at times. When officers have prepared false police reports that falsely accuse citizens of crimes these officers have faced termination, administrative suspension/forced leave, severe reprimand, and criminal charges at the state and federal level in the past. However, despite several Intelligence Detectives and a former, IAD Sergeant providing internal reports that have been littered with falsehoods, these investigators have not faced any form of discipline for their actions. Please note, Intelligence is assigned directly to Chief Dotson. The E.S.O.P. has repeatedly asked Chief Dotson to conduct complete investigations before placing any SLMPD Employee on administrative suspension/forced leave. Furthermore, investigators that prepare inaccurate reports should face severe punishment or termination for providing information that has lead to the unwarranted suspensions of officers. SLMPD has booked citizens for proving false information under the guidelines of “Making a False Declaration,” under Missouri Criminal Code. The same violation of the law should be applicable when done by SLMPD officers with internal investigations. Furthermore, when Chief Dotson has allowed false allegations to linger against officers in the press it unfairly taints officers and damages morale. It is not unreasonable to expect due process as officers and for all officers and citizens. Chief Dotson is selective with due process for some members of SLMPD in this regard. Many officers within SLMPD believe the discipline processes is retaliatory and biased. Consistency with discipline demonstrates SLMPD is committed to fairly policing officers and those we arrest. Section VII – Officer Representation Disparities appear to be present with representation. Several officers that received less punishment where represented by the SLPOA. Furthermore, many of the SLPOA attorneys, have a closer working relationship with Chief Dotson. To our knowledge, the SLPOA has only had a couple of African-American attorneys since their existence. They currently have none. The E.S.O.P. has one African-American Female Attorney, two African-American male Attorneys, and two Caucasian Attorneys. Of note, is that most supervisors are represented by the Leadership Organization, SLPOA, or the E.S.O.P. for discipline. All three can represent supervisors. The SLPOA represents all officers at the rank of police officer through the CBA as their sole bargaining agent. There are roughly 360 African-Americans at the rank of police officer. The E.S.O.P. was advised one high profile attorney from the SLPOA is Chief Dotson’s personal attorney and close friend. Chief Dotson regularly meets with Jeff Roorda, the SLPOA Office Manager as well. It warrants mentioning that some E.S.O.P. board members have been advised that Chief Dotson is at odds with the E.S.O.P. for speaking to the media about his managerial decisions and Page 65 of 112 Copyright 2016 © Ethical Society of Police posting statements on the E.S.O.P. social media pages about SLMPD biases. Chief Dotson has made several statements the E.S.O.P. believes attempts to inhibit the association Rights and First Amendment Rights of the E.S.O.P. One of the goals of the E.S.O.P. is to eliminate and expose biases with discipline. It is incumbent upon Chief Dotson to remove and address inconsistencies with discipline. Chief Dotson has failed to adequately do so in some cases were the E.S.O.P. represented our members in disciplinary processes. Our attorneys are as equally qualified as the SLPOA’s, but have to contend with internal biases, similar to what many African-American SLMPD officers encounter when addressing the legal concerns of our membership. Section VIII: Examples of Subjective Discipline Once again, the E.S.O.P. does not condone any behavior that violates internal policy or the law. Discipline must be administered by Chief Dotson as a part of his role as the Appointing Authority. The E.S.O.P. is not marginalizing the actions of officers where there is clear wrongdoing; however, a consistent and fair discipline process must occur as well. The E.S.O.P. abhors the inconsistent manner in which discipline is handed down. Biases appear to drive some discipline practices. All officers and citizens should be treated fairly. Furthermore, how can SLMPD expect the community to trust officers when SLMPD fails to police itself impartially. The E.S.O.P. was advised of the following incidents that demonstrate inconsistent patterns of discipline under SLMPD and Chief Dotson: 1) On December 24th, 2011, Anthony Lamar Smith was shot and killed by SLMPD Officer Jason Stockley. Stockley later resigned. Stockley and his partner, Officer Brian Bianchi were placed on administrative paid desk duties as the investigation was reviewed by the United States Attorney’s Office and the Circuit Attorney’s Office. Stockley was in possession of an assault rifle that was not authorized by SLMPD. Stockley was heard on the In-Car-Camera video advising Officer Bianchi, “Going to kill this mother fucker, don't you know it.” (Byers, Christine, STL Today, 5/17/2016). Circuit Attorney, Jennifer Joyce, indicted Stockley on May, 16th, 2016. (Byers, Christine, STL Today, 5/17/16). Stockley had originally fired into Smith’s vehicle upon their first encounter, shattering the rear window of Smith’s vehicle. Stockley and his partner pursued Smith in their police vehicle. Bianchi struck Smith’s vehicle after being directed to do so by Stockley. Stockley exited his police car carrying the assault rifle and his department handgun. Stockley arrived at Smith’s vehicle, raised the airbag, and shot Smith several times. Stockley is seen on video Page 66 of 112 Copyright 2016 © Ethical Society of Police immediately afterward wearing gloves and placing the assault rifle in the police car. The In-Car-Camera video is turned, partially blocking Stockley’s movements as he removes an unknown item from his bag in the police car. Stockley later advised he recovered a handgun Smith allegedly pointed at him when he approached and shot Smith. DNA evidence on the handgun only contained Stockley’s DNA. Chief Dotson allowed Stockley to resign in 2013, after receiving approximately a month suspension for his actions in the murder of Lamar Smith. Stockley was on paid administrative duties the entire investigation. (Byers, Christine, STL Today, 5/17/16). Officer Jason Stockley is Caucasian. Facts about the Jason Stockley Investigation: • • • • • • • • • Stockley was placed on paid administrative desk duties the entire investigation. Stockley violated numerous police policies. Including having an assault rifle in his possession. Stockley was investigated for murder by SLMPD, the Circuit Attorney’s Office, and the US Attorney’s Office. Stockley received approximately 30 days suspension and was allowed to resign. Charged with Murder 1st. SLPOA bonded Stockley out of jail on a bond of $1,000,000. Most members, outside of the SLPOA Board were not made aware their membership dues would be used toward his bond. Represented by the SLPOA. Stockley was no longer an SLPOA member or officer when represented by the SLPOA in court after his indictment. 2) Officer Brian Bianchi was partner’s with Jason Stockley at the time Anthony Lamar Smith was killed. Officer Bianchi was placed on paid administrative duties while the investigation was reviewed by the United States Attorney’s Office and the Circuit Attorney’s Office. Stockley fired into Smith’s car as Smith fled the scene. Stockley was heard on the In-Car-Camera video advising Bianchi, “Going to kill this mother fucker, don't you know it.” (Byers, Christine, STL Today, 5/17/2016). Bianchi was told by Stockley to strike the vehicle Smith occupied and he did. (Byers, Christine, STL Today, 5/17/16). DNA evidence on the handgun allegedly recovered by Stockley only contained the DNA of Stockley. (Byers, Christine, STL Today, 5/17/16). Bianchi was allowed to return to full duty and received a six-month demotion after being placed on administrative duties for two and a half years. (Byers, Christine, STL Today, 5/17/16). Bianchi’s commanders and Chief Dotson allowed him to work nights on the North Patrol Desk, which afforded him an extra 10% pay. Page 67 of 112 Copyright 2016 © Ethical Society of Police Bianchi being allowed to work nights with incentive pay was a violation of an unwritten SLMPD policy. Officer Bianchi is Caucasian. Facts about the Brian Bianchi investigation: • • • • • • • Placed on paid duties while being investigated for murder. Allowed to receive incentive pay while he worked nights on the North Patrol Desk, which went against normal procedures. Chief Sam Dotson was notified Bianchi was allowed to work nights while on suspension by the E.S.O.P. Demoted for six months. Violated several Department policies during a pursuit. Allowed to remain employed by SLMPD after the investigation. Represented by the SLPOA. 3) In 2013, two officers were working Department approved overtime. Both Officers traveled outside of the patrol area for a length of time without the approval of a supervisor, which violated Department policy. This was considered a minor violation of Department policy, and often occurs when officers drive outside of their patrol districts for breakfast, lunch, or dinner, or to run errands. Please note, in January of 2013, Chief Dotson advised, he wanted to “create an environment in the department where officers have a chance to learn from their mistakes.” (Lippmann, R., 01/02/2013). Chief Dotson also mentioned being hard on those who committed immoral and unethical violations. (Lippmann, R., 01/02/2013). When supervisors noticed the incident with these two officers being outside of their patrol area the officers were advised they would be charged with ‘Stealing.’ The former colonel, who was the Commander over IAD, sought termination for both officers. Officers Jason Stockely and Brian Bianchi were being investigated for murder and did not appear to face termination. The allegation against the two officers was later amended because the officers were working. Stealing was an exaggeration by the colonel. Furthermore, the charge was unprecedented because no officers have ever been fired or charged with stealing for being outside of their assigned area. Also, months prior, one of the officers had written on a complaint against the colonel who now sought the termination of these officers. At the time, the colonel faced allegations of being abusive to subordinates. The colonel had been reprimanded for yelling at subordinates. Page 68 of 112 Copyright 2016 © Ethical Society of Police Both officers received a five-day suspension when the investigation concluded. Before and after the suspensions were served, the officers were advised they would not be allowed to work any secondary employment or overtime for several months. However, neither officer was placed on any patrol restrictions that would warrant such an unprecedented decision. Officers placed on administrative desk duties with pay, administrative suspension/forced leave, can face overtime and secondary restrictions. Since both officers were not placed on administrative suspension/forced leave, they should have been allowed to work secondary and overtime. The decision to eliminate overtime and all secondary police employment appeared retaliatory. Not allowing officers to work secondary or overtime after a suspension was served was unprecedented as well. Neither had done anything that made them a threat to the public by working secondary. The colonel essentially punished these officers several times after they admitted to being out of their assigned area. Additionally, one of the officers was told she would be transferred from a position she held in a specialized unit, which was a violation of the CBA, another form of punishment. It appeared retaliatory. Both officers are African-American and were members of the E.S.O.P. The former colonel is Caucasian. Facts about this investigation: • • • • • • Officers were outside of their assigned area. Both admitted to being outside of their assigned area. Not allowed to work secondary or overtime while allegation was being investigated. Not allowed to work overtime or secondary after serving their five day suspension. Chief Dotson also advised he would transfer one of the officers from a specialized unit, which would have violated the Officer’s CBA. This officer retired. Represented by the E.S.O.P. 4) In 2013, then, Sergeant Jason Love was placed on forced leave without pay for twelve months after being charged with a misdemeanor property crime while damaging property in pursuit of a suspect. (Byers, Christine, 8/29/2013). Love was found not guilty in a court of law. Love was placed on forced leave for a year. He was ultimately returned to full duty, but not allowed to keep his rank per Chief Dotson. No other sergeant has faced permanent demotion. Officer Love is available for comment. Love was represented by the E.S.O.P. Officer Love is African-American. Facts about the investigation of Officer Love: • Officer Love damaged property during a foot pursuit to prevent the escape of a suspect. Page 69 of 112 Copyright 2016 © Ethical Society of Police • • • • • Charged with a criminal infraction. Acquitted of the charge. Placed on forced leave without pay for 12 months. Forced into a permanent demotion. Represented by the E.S.O.P. 5) In 2013, a sergeant responded for a domestic assault call involving former, off duty SLMPD Police Officer Mathew Schanz. This incident occurred shortly after Sgt. Love’s. Schanz is alleged to have fled the scene and failed to immediately stop for officers that attempted to stop his personal car. Officer Schanz was charged with Domestic Assault, but charges were taken under advisement. (Lussenhop, Jessica, 3/26/2013). The victim in this incident sustained serious injuries. The sergeant who supervised the scene violated several Department policies by failing to report the incident to IAD, failing to report a crime, and other secondary violations. The sergeant failed to contact IAD relative to an officer allegedly being involved in a domestic assault while off duty. The sergeant failed to handle a domestic violence incident using department protocol. The sergeant’s actions and/or inactions appeared to be far worse than Sgt. Love’s and other African-Americans, yet his suspension was for one month. The E.S.O.P. was advised this sergeant was allowed to work normal patrol duties until he served his suspension. The sergeant and Officer Schanz are Caucasian. Facts about the investigation of this sergeant: • • • • • • • • • • • This sergeant was on paid patrol duty during the entire investigation, unlike Love. Failed to initially prepare a police report involving a violent domestic assault. Failed to properly notify the Internal Affairs Division (which is SLMPD policy). This sergeant was not reduced in rank like Love. The alleged suspect (Schanz) left the scene after the crime. The sergeant failed to follow department policy in regards to a domestic assault. Represented by the SLPOA. The alleged suspect (Schanz) failed to initially stop for officers when they attempted to pull him over. This was not immediately reported. Sergeant failed to follow Department protocol for medical attention for the victim, who had serious injuries. This sergeant was ultimately suspended for a month. This sergeant’s name was not released to the media. Page 70 of 112 Copyright 2016 © Ethical Society of Police 6) In 2014, an off-duty SLMPD sergeant was charged with an alleged drinking and driving offense. The sergeant was placed on paid administrative desk duties. This sergeant received close to a thirty-day suspension. Additionally, he was allowed to work a secondary law enforcement job under “emergency hardship” circumstances. The significance of this will be explained later. The sergeant is Caucasian. Facts about the investigation of this sergeant: • • • • • • • • • Placed on paid administrative desk duties. Received a thirty-day suspension. Was allegedly under the influence of alcohol while operating a motor vehicle. Remained on paid administrative duties until his suspension. Was granted a hardship allowance to work secondary in a law enforcement capacity while on paid administrative duties. This sergeant was not demoted after his suspension. Sergeant not demoted after being charged with a crime. Transferred after his suspension. Not represented by the E.S.O.P. In 2016, Chief Dotson was asked about the difference in the above discipline processes between the aforementioned sergeants and that of Officer Love. Chief Dotson stated Officer Love was “on duty.” He did not address the fact that the sergeant that supervised the domestic assault with former, SLMPD Officer Schanz was on duty as well. 7) On 9/19/2014, the E.S.O.P. was advised Chief Dotson transferred a sergeant assigned to the Chief’s Office after the Chief mistakenly believed the sergeant said something offensive. This sergeant did not say anything offensive; however, he was transferred without a proper investigation. After realizing his error, Chief Dotson transferred the sergeant back to the Chief’s Office on 9/24/2014. Chief Dotson has made quick discipline decisions when he believes an officer has done something in violation of Department policy or the law. In many instances Chief Dotson has failed to wait for investigations to be completed before he makes a decision on guilt or innocence. Due process has been subjective under Chief Dotson. This sergeant is a member of the E.S.O.P. This sergeant is African-American and the only AfricanAmerican officer assigned to the Chief’s Office. Facts about this incident: • Thought to have said something offensive, but had not. Page 71 of 112 Copyright 2016 © Ethical Society of Police • • • Transferred out of the Chief’s Office for a week and then retuned. The Chief rushed to judgment without the entire facts. This sergeant is a member of the E.S.O.P. 8) In 2016, the E.S.O.P. was advised of the following: A supervisor made several inappropriate statements about a naked subject’s genitals in front of an officer. The sergeant had routinely scrutinized the officer's calls and police reports. Several officers under her supervision requested to transfer to other areas. This sergeant had also advised in the past, she wanted to have this officer fired when he questioned her decision-making. In 2016, Chief Dotson was advised of the incident. The supervisor was not disciplined or transferred. The Officer was transferred at his request. The sergeant is Caucasian. The officer is African-American. The officer is a member of the ESOP. Facts about this investigation: • • • • • The sergeant made inappropriate statements about a male subject’s genitals. The sergeant wasn't disciplined for her comments. Several, officer requested to transfers from under her supervision. The officer requested a transfer. The sergeant had stated in the past she wanted to have the officer fired. 9) In December of 2013, an officer was immediately placed on forced leave without pay for six months, pending an internal and federal investigation. SLMPD believed the officer had committed several serious offenses, which warranted immediate suspension and termination. This officer used a computer that was for supervisors, completed a record check on a subject seeking to join the neighborhood watch, and failed to have listed a secondary job. The officer was returned to work after many of the allegations were proven to be overstated. IAD and Intelligence seized her cellular phone for over three months. She was transferred upon her return to another district, which violated the rules of the Collective Bargaining Agreement. The officer did not receive back pay. She had to sign paperwork indicating she would not seek a grievance for the improper investigation. This officer is available for comment. She was represented by the SLPOA. She was not allowed to use her accrued time as others had. Note, Officers Jason Stockley and Brian Bianchi were on paid administrative duties while being investigated for murder. This officer was being investigated for minor internal infractions and was placed on forced leave without pay. This officer is African-American. Page 72 of 112 Copyright 2016 © Ethical Society of Police Facts about the investigation of this officer: • • • • • • • Placed on forced leave for over five months. Not allowed to work a secondary job in a law enforcement capacity with a hardship waiver. Never received back pay. This officer wasn't allowed to use accrued time off. This officer was cleared of criminal charges. This officer was represented by the SLPOA. The officer is also a member of the E.S.O.P. 10) In March of 2014, Officer Tanisha Ross-Paige, was awarded $7.5 million dollars by a jury in a civil suit against SLMPD for sexual harassment and retaliatory practices. (Patrick, Robert, 3/21/2014). In 2015, the Captain named in this incident was named in a second lawsuit involving sexual harassment. (Patrick, Robert, 10/30/2015). This officer is African-American. The captain is Caucasian. While the case involving Officer Tanisha Ross-Paige was ongoing, she was injured during the course of her duties as a canine officer. Her injuries were too severe for her to work normal duties. She was denied disability. Facts about these investigations: • • • Officer Tanisha Ross-Paige was forced to leave the Department without disability for career ending injuries sustained during the handling of her canine. Officer Tanisha Ross-Paige was not allowed to keep her retired canine, which violated a historical internal policy for the Canine Section. Her canine, which she had bonded with, was given away. This officer was a member of the E.S.O.P. 11) In February of 2015, Chief Dotson released statements to the press about Officer Durand Brassfield and Officer Keith Major allegedly being involved in misconduct on a federal and state level. He immediately placed these officers on administrative suspension/forced leave. (Byers, Christine, 3/4/2015). No charges have ever been brought forth against these officers. The investigations by Intelligence Detectives and an IAD Sergeant were clearly overstated. Officer Brassfield was returned to full duty months later. Chief Dotson has also admitted to the E.S.O.P. the investigation was unwarranted and that he was “disappointed in the investigators.” However, Chief Dotson has not offered a public or internal apology for his actions, the actions of two Page 73 of 112 Copyright 2016 © Ethical Society of Police Intelligence Detectives, or that of the former, IAD sergeant that prepared inaccurate information in the case against Officer Brassfield. Chief Dotson has not disciplined them for their actions in the Brassfield investigation. Additionally, Chief Dotson transferred Officer Brassfield from his specialized unit assignment in Canine after his return to duty, which violates the Collective Bargaining Agreement (CBA). Essentially, Chief Dotson punished Officer Brassfield twice without justification. Chief Dotson did provide Officer Brassfield with half of his back pay, but not all of it. Officer Brassfield was also denied the opportunity to work hardship secondary in an unarmed law enforcement capacity—while the sergeant in example 6, arrested for an alleged alcohol related driving charge was allowed to work armed secondary in uniform. Additionally, Officer Brassfield applied for a position in the Canine Section. He was assigned to this section before he was placed on forced leave. He was denied the transfer. Furthermore, Officers Jason Stockley and Brian Bianchi were placed on paid administrative duties while a murder investigations occurred. However, Officer Brassfield was not allowed to use his accrued time as indicated by the rules of the City of St. Louis Department of Personnel Administrative Regulation NO. 17. (Discipline Policy, Forced Leave, pg. 6, 12/14/2012). Officer Brassfield was not initially advised of why he was being placed on administrative suspension/forced leave. Additionally, at the time, the new E.S.O.P. Board had taken office and only retained one attorney under the previous president, Sgt. Darren Wilson, who was being investigated for misconduct. The E.S.O.P. was actively interviewing and seeking additional attorneys. Chief Dotson was aware of this fact. When Brassfield was told to report to IAD the only E.S.O.P. attorney was involved in a court case and unavailable. The attorney requested IAD allow him and his client to meet the next day due to the extenuating circumstances. Per the City of St. Louis Department of Personnel Administrative Regulation NO. 17., “The appointing authority (Chief Dotson) must notify the Director of Personnel or his designee in writing of his/her desire to place the employee on forced leave and the reason therefore and obtain the Director of Personnel's or his designee's approval within three (3) calendar days or 72 hours. The employee shall be notified in writing by the appointing authority that he/she is being placed on forced leave. The employee may elect to be placed on either vacation or compensatory time, if any.” (Discipline Policy, Forced Leave, pg. 6, 12/14/2012). The request to meet with the attorney the next day was denied. Officer Page 74 of 112 Copyright 2016 © Ethical Society of Police Brassfield was placed on administrative suspension/forced leave before he left the IAD office. Also, interviews of officers at the IAD office are recorded, but the former, IAD sergeant failed to record his initial interaction with Officer Brassfield. This allowed him to write Brassfield’s statement as he saw fit. Brassfield is African-American. Officer Brassfield is available for comment. Facts about the investigation of Officer Brassfield: • • • • • • • • • The original investigation initiated by Intelligence and a former IAD sergeant was severely overstated. Officer Brassfield was not advised why he was being placed on forced leave. The officer was denied the opportunity to work hardship secondary in an unarmed law enforcement capacity, unlike the Caucasian sergeant who was arrested for suspicion of DUI. The officer was immediately placed on forced leave without pay based on Intelligence Detectives and an IAD Sergeant’s investigation. Transferred from a Specialized Unit, in violation of the Collective Bargaining Agreement. Only received half of his back pay. Had to sign paperwork that does not allow him to sue the Department, which is not binding. Was not allowed to use his accrued time while on forced leave. Represented by the E.S.O.P. 12) The E.S.O.P. was advised the investigation involving Officer Keith Major was initiated by two Intelligence Detectives and an IAD Sergeant after Major was observed greeting someone in a high crime area, in which he patrolled with a fist bump. A fist bump is a common cultural greeting. Additionally, officers often greet those they encounter with a fist bump because repeatedly washing ones hands while on patrol isn't a possibility. Chief Dotson told the E.S.O.P. on 2/17/16, that it appeared the investigation of Officer Major was not warranted. He further advised he would complete the case on 2/22/16, and either return Officer Major to full duty or proceed with charges. He suggested there were no pending internal charges. Dotson also advised he would return all of Officer Major’s back pay. On 2/22/16, Chief Dotson was asked about the status of Officer Major and Chief Dotson provided vague details about the investigation. During the week of 2/22/16, several of Officer Major’s partners were Page 75 of 112 Copyright 2016 © Ethical Society of Police interviewed about Officer Major at IAD—twelve months after the initial investigation. Chief Dotson then stated he would seek termination of Officer Major after Officer Major was advised by the E.S.O.P. he did not have to take part in a polygraph test. Officer Major wanted to take the polygraph test, but he was advised not to by the E.S.O.P. based on Chief Dotson’s unprecedented use of the test. No other officers in the history of SLMPD have ever been forced to take a polygraph test to retain their employment. Officer Jason Stockley and Officer Brian Bianchi weren’t subjected to a polygraph test to retain their employment while they were being investigated for murder. Furthermore, the polygraph test is not admissible in criminal court, and there were no federal, state, or city charges pending against Officer Major. The original report prepared in this incident was littered with falsehoods and no legitimate evidence of wrongdoing. Be advised the same IAD sergeant that placed Officer Brassfield on forced leave assisted with this investigation. This Sergeant is Caucasian. The E.S.O.P. was advised the report was written inaccurately despite audio evidence from the Intelligence Section that disproved the IAD sergeant’s statements. IAD Investigators had to rewrite the original report to document the truth. The IAD sergeant is now assigned to the Assistant Chief’s Office. The IAD sergeant has not faced any form of discipline from Chief Dotson. Officer Major was returned to work after Chief Dotson realized he had no grounds for firing Officer Major. Officer Major was not allowed to use his accrued time as indicated by the City of St. Louis Department of Personnel Administrative Regulation NO. 17. (Discipline Policy, Forced Leave, pg. 6, 12/14/2012). Lastly, Officer Major was represented by the SLPOA, but asked the E.S.O.P. to assist with negotiating his return after his case became stagnant. Officer Major is a member of the E.S.O.P. This officer is AfricanAmerican. Facts about the investigation of Officer Major: • • • • • Returned to work fourteen months after the investigation. Suspended for a fist bump of a citizen in a high crime area in which he patrolled. Original investigation was proven to be overstated and contained false information. Officer Major was cleared by a federal, state, and city agencies. Was placed on administrative suspension/forced leave for over fourteen months without pay. Page 76 of 112 Copyright 2016 © Ethical Society of Police • • • Additional interviews requested twelve months after the original allegation began with several officers that have partnered with Officer Major during the course of his career. Represented officially by the SLPOA; however, he was a member of the E.S.O.P. The E.S.O.P. Board handled a majority of the negotiations for his return to work. Officer Major was given 7.5 months back pay. 13) On July 22, 2014, former SLMPD Officer Thomas Carroll, assaulted Michael Weller after he was alleged to have stolen the wallet of Carroll’s daughter. Carroll pled guilty to assaulting the victim. Carroll was working a regularly scheduled SLMPD shift when he responded to the location where Weller was detained. (United States District Court Eastern District of Missouri - Carroll Plea, 4/6/2016). Weller was arrested and Carroll followed the responding officer to Central Patrol. Weller was placed in an interview room, handcuffed, and left there by the arresting officers and detectives. (United States District Court Eastern District of Missouri - Carroll Plea, 4/6/2016). Carroll assaulted Weller at this time and later admitted to punching the victim while handcuffed. (United States District Court Eastern District of Missouri - Carroll Plea, 4/6/2016). Of note, is the fact that the arresting officer and detectives, who had care, custody and control of the victim did not monitor the victim during this incident. “The primary responsibility of the conveying officer(s) will be the custody and safety of his/her prisoner(s) and the public.” Lastly, Carroll was allowed to use his accrued days off during his forced leave. The officers were all Caucasian. The victim is Caucasian. No other officers were charged in connection with this case. A Caucasian commander and officer were later placed on paid administrative duties relative to this investigation. Facts about the Thomas Carroll investigation: • • • • • • Carroll was indicted by the U.S. Attorney’s Office. Carroll was placed on forced leave and alleged to have been allowed to use his personal time until his resignation, per Civil Service Regulation NO. 117. Michael Weller sustained injuries. Michael Weller was erroneously charged with a crime. An officer and a commander believed to have been present during the beating of Weller were placed on paid administrative duties. The officer who prepared the report and allegedly provided former Assistant Circuit Attorney Bliss Worrell with false information was never charged criminally. Page 77 of 112 Copyright 2016 © Ethical Society of Police • This officer was represented by the SLPOA and he is not a member of the E.S.O.P. 14) On July 23rd, 2014, the arresting officer relative to the Michael Weller case responded to the warrant office. Per Bliss Worrell, “The arresting officer advised M.W. (Michael Weller) was found with the stolen credit card. The arresting officer also described that after M.W. was handcuffed at Ballpark Village, but before he was placed in the patrol car, M.W. began resisting arrest, by "wriggling" his body. The arresting officer further described that when he pulled into the police station and took M.W. out of the patrol car, M.W. broke free from the arresting officer's grip and ran a few steps before the arresting officer gained control of him.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). When the report was obtained by Worrell she alleged, “It contained information different from what the arresting officer verbally provided to the defendant (Worrell) in the Warrant Office as the basis for the Attempted Escape charge. Nowhere in the report was there anything about M.W. resisting arrest at Ballpark Village, nor was there any description of M.W. breaking free from the arresting officer's grip. Instead the report described that upon arriving at the police station, M.W. "violently twisted his body back and forth in an attempt to break free of [the officers'] grip and escape" and that this arresting officer and another officer had to "direct him to the ground where he landed on the pavement on his chest.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). “Upon presenting the case at the Warrant Office, the arresting officer did not tell the defendant (Worrell) that he had a partner with him nor did he tell her that he and his partner had to direct M.W. to the ground.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). There was also a draft copy of the report that federal authorities had in their possession that was different from what was allegedly told to Worrell. (United States District Court Eastern District of Missouri Worrell Plea, 10/26/15). Per the indictment, “This version stood in stark contrast to both what was in the arresting officer's final report, and to what the arresting officer verbally told the defendant (Worrell) and her colleague in the Warrant Office. The draft report described that upon arriving at the police station, M.W. "began to run attempting to break free from [the arresting officer's] grasp...He again thrashed his arms back and forth in an attempt to break from [the officers'] grip...[The arresting officer] then tackled [M.W.] to the ground where he landed on his chest and face." The report also described that the arresting officer landed on M.W.'s back, using his "body weight to keep [M.W.] from escaping as he continued to attempt to break free." According to the draft, the arresting officer then "gave [M.W.] three kneePage 78 of 112 Copyright 2016 © Ethical Society of Police strikes to the left side of his back.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). Worrell also alleged, “Carroll said, he was also glad that a particular lieutenant was on duty the night before, because that lieutenant was a "loose cannon," and partook in assaulting M.W.” (United States District Court Eastern District of Missouri Worrell Plea, 10/26/15). Worrell also stated the Carroll advised, “The arresting officer "took one for the team.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). This officer is alleged to have prepared a fictitious police report. This is a crime. Many of the statements in his report were not correct, especially in light of the Thomas Carroll and Bliss Worrell indictment. Chief Dotson was asked if the clothing of Weller was processed for DNA and seized, which should have occurred with a civil rights violation investigation of this magnitude. Chief Dotson said Weller’s clothing was not seized. He further stated Mr. Weller had been ‘released’ and the clothing could not be seized. The complaint was taken by SLMPD from Weller’s brother while Weller sat in a jail cell, erroneously charged with attempting to escape. Please note: The E.S.O.P. asked Chief Dotson why SLMPD did not file charges against the report writing officer and commander identified by Bliss Worrell as being involved in misconduct. Chief Dotson advised Bliss Worrell did not want to cooperate with the investigation. However, Worrell provided statements about SLMPD officers and could be compelled as a witness based on her statements to federal authorities. If Worrell provided false information to the U.S. Attorney’s Office she could be charged for providing false information to federal agents. Bliss Worrell is the daughter of former, St. Louis Cardinal’s pitcher Todd Worrell. Furthermore the clothing and duty belts of all of the officers we're not seized for DNA processing. Carroll’s department weapon was processed for DNA. Chief Dotson placed the primary investigative officer on paid administrative desk duties with the commander alleged to have been involved in the assault of Michael Weller. The commander and arresting officer worked in close proximity to one another. Please note, Officers Brassfield and Keith Major were placed on administrative suspension/forced leave during their investigations. The arresting officer was cleared by SLMPD. He was returned to full duty. This officer is Caucasian. Facts about the investigation of the arresting officer in the Michael Weller case: Page 79 of 112 Copyright 2016 © Ethical Society of Police • • • • • • • • • • • Placed on paid administrative desk duties. Bliss Worrell advised the arresting officer provided inaccurate accounts on the arrest of Michael Weller. Officer worked in close proximity as a commander on paid administrative desk duties relative to this case. Michael Weller’s clothing was not seized in the attack against him. The clothing of all officers and duty belts were not requested for DNA processing. The officer’s picture and name was not released to the media. Chief Dotson did not give a statement to the media about the commander and officer as he did with Officers Keith Major, Durand Brassfield, and others. Officer is alleged to have prepared an inaccurate police report. Officer signed off on the police report that conflicted with Bliss Worrell’s statements to federal agents. Returned to patrol duty. Represented by the SLPOA and he is not a member of the E.S.O.P. 15) In 2015 and part of 2016, a commander was actively being investigated for his connection to the beating and unconstitutional arrest of Michael Weller. He was the lieutenant on duty in the district where the incident occurred. The SLMPD commander was placed on paid administrative duties while the federal and internal investigations continued. Please note, per Bliss Worrell—Carroll said, “He was also glad that a particular lieutenant was on duty the night before, because that lieutenant was a "loose cannon," and partook in assaulting M.W.” (United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15). The commander and officer on administrative duties were allowed to work within close proximity of each other at Police Headquarters. Michael Weller alleged several officers beat him. Chief Dotson was asked if the clothing of Weller was processed for the officer’s involved DNA, which should have occurred with an assault investigation of this magnitude. Chief Dotson said Weller’s clothing was not seized. Chief Dotson stated Mr. Weller had been ‘released’ and the clothing could not be seized. The complaint was taken by SLMPD from Weller’s brother while Weller sat in a jail cell, erroneously charged with attempting to escape. Bliss Worrell wrongfully issued warrants against Weller, therefore Weller was being held in lieu of him making bond. (Ferner, Matt, 10/26/2015). Please note, Officers Brassfield and Keith Major were placed on administrative suspension/forced leave during their investigations. The commander was returned to full duty. He was later placed in a coveted assignment on bike patrol in Downtown St. Louis. Please note example # 11, where Page 80 of 112 Copyright 2016 © Ethical Society of Police the officer was denied a position in a coveted section within SLMPD. Charges were later dropped against Mr. Weller. The commander is Caucasian. Facts about the investigation of the commander alleged to have been involved in the Weller beating: • • • • • • • • • • • Placed on paid administrative desk duties. Worked in close proximity with the officer on administrative desk duties. Victim’s clothing not seized in the attack for DNA. The clothing of all officer and duty belts we're not requested for DNA. The commander’s picture and name were not released to the media. Chief Dotson did not give a statement to the media about the commander and officer as he did with Officers Keith Major, Durand Brassfield, and others. Commander is alleged to have failed to supervise the investigation properly. Commander is alleged to have been present when Weller was attacked. The commander is alleged to have taken part in the beating of Weller. Returned to full duty. Represented by the SLPOA. 16) On December 25th, 2015, a victim reported a robbery in the South Hampton Neighborhood in St. Louis. During the robbery suspects took a scooter from a child. The victim pursued the suspects, who where armed. The victim fired a single shot at the suspects, fearing for his safety. The officer was directed by the commander to photograph the scene, seize the cartridge casing from the ground, and return the firearm to the victim. The commander is Caucasian as well as the victim. Facts about this case: • • The commander didn't face any form of discipline for returning a handgun used in an assault. Evidence Technicians weren't called to the scene. 17) In February of 2016, Chief Dotson released a statement in regards to Captain Ryan Cousins being investigated for an internal impropriety, both internally and federally. (Byers, Christine, 2/10/2016). Cousins advised officers on the scene of a home invasion to return a handgun to the victim’s wife and to release the victim who was handcuffed. The victim fired shots at suspects attempting to break into his home. Officers on the scene completed a criminal history check on the victim. Officers Page 81 of 112 Copyright 2016 © Ethical Society of Police decided to arrest the victim after he defended himself with his wife’s handgun against attackers breaking into his home, because he was a convicted felon. There was no explanation why the officers conducted a thorough background check on the victim to determine if he was a convicted felon. An extensive investigation should have occurred relative to the crime against the victim first. St. Louis Alderwoman Dionne Flowers stated it best, “They (victims) were treated more like suspects than victims.” (Byers, Christine, STL Today, 2/13/2016). Captain Cousins was immediately reassigned from his position, away from the other officers involved in the investigation. (Byers, Christine, 2/10/2016). Please note the commander in example 15, allegedly involved in the Michael Weller indictment worked in close proximity of the officer who was also on administrative desk duties. Cousins was later placed on forced leave. This was also, unlike the commander and officer allegedly involved in the Michael Weller beating. Captain Cousins was initially placed on forced leave without pay. The officers allegedly involved in the beating of Michael Weller were placed on paid administrative duties in example 14 and 15. Chief Dotson called Captain Cousins a “distraction,” to the Department; stating this was the cause of his administrative suspension/forced leave, without pay. Chief Dotson didn't believe the commander and officer involved in the Michael Weller incident were a “distraction,” because they were not placed on administrative suspension/forced leave. Any case under IAD investigation is a distraction for officers. When officers are transferred in a manner such as Captain Cousins the transfers are broadcast Department wide. Furthermore, the names and details of the case of the commander and officer have not been released to the press with a statement from Chief Dotson. Several details in regards to the investigation involving Captain Cousins were released to the press. There were also four news reports written on Captain Cousins in STL Today within the month of him being placed on forced leave. There were none written about the commander and officer involved in the Weller case. The difference in how this investigation was handled by Chief Dotson is alarming. Chief Dotson and the City Counselor also stated Captain Cousins’ alleged “misdeeds” were a “danger to the work place.” (Byers, Christine, 3/24/16). However, it would seem that the alleged “misdeeds” of Officers Brian Bianchi and Jason Stockley would warrant administrative suspension/forced leave by Chief Dotson and the City Counselor because they were being investigated for murder. Additionally, several officers laughed and joked while preparing their statements regarding the Captain Cousins’ incident. Two officers were overheard stating, “We Page 82 of 112 Copyright 2016 © Ethical Society of Police got his ass now.” The officer who witnessed this is afraid of retaliation. Chief Dotson was made aware of this. The officers that made these statements about Cousins are Caucasian. Also, Intelligence Detectives questioned officers from District Six about the return of a handgun to an off duty Corrections Officer. The incident occurred in 2015 and District Six Officers detained the Corrections Officer about being in possession of the handgun. The gun belonged to the Corrections Officer. Officers returned the handgun and were advised it was not illegal for him to possess a handgun. The E.S.O.P. was advised two Intelligence Detectives; however, believed Captain Cousins gave the officers a direct order to return the handgun. The officers advised they had not spoken to Captain Cousins about the handgun. The initiation of this investigation against Captain Cousins appeared to be unwarranted and biased. The Intelligence Detectives are Caucasian. One of the allegations listed in STL Today was that Captain Cousins released a suspect, who was a rapper. The suspect was wanted for robbery and was preparing to perform at a rap concert. Arresting this subject, in this venue in front of such a large crowd, could have easily lead to a large disturbance - possibly a riot, so the suspect was allowed to perform at the approval of a colonel. Chief Dotson has now stated he is no longer seeking to investigate that complaint in contrast to how it was originally reported in the STL Today. There was no update on the story by STL Today. Captain Cousins provided detailed information about this subject to officers to assist with his apprehension. However, despite this, the suspect was able to leave the concert before he could be taken into custody. The colonel that ordered the release of the suspect wanted for robbery to avoid a riot is Caucasian. This colonel has not faced any internal discipline. Captain Cousins was terminated on 5/24/2016. He is appealing his termination to Civil Service. The expedited discipline process in which Cousins faced is rare under Chief Dotson and SLMPD. During the entire investigation, Chief Dotson faced criticism from a couple of Aldermen, the E.S.O.P., and numerous civilians about his handling of the investigation of Captain Cousins compared to others. Over five hundred citizens from the neighborhood in which Captain Cousins was assigned, signed a petition for his return. The investigation of Captain Cousins lasted less than ninety days. The process for Captain Cousins from start to finish was expedited. Never in the recent history of SLMPD has an officer been terminated within ninety days of the initial investigation. Often times the discipline processes last years, with officers on Page 83 of 112 Copyright 2016 © Ethical Society of Police administrative suspension/forced leave; as in the case of numerous African-American Officers documented in this section of this document. Also of note, is that several sunshine requests were made for the discipline processes of several officers that received less and subjective discipline under Chief Dotson. Several of those questionable discipline processes would have been open for review during Captain Cousins’ hearing if granted in time for the hearing; however, the expedited discipline process didn't allow for that information to be released. Several officers assigned to the North Patrol Division advised the E.S.O.P. that since this incident the normal jovial North Patrol Division has become divided. One officer advised, “There’s a white report writing room and a black report writing room.” Lastly, Chief Dotson made the following statement during an interview 2013 about his perspectives with discipline, transparency, and civilian review, “It is not an opportunity to try the officers in public...What it is to make sure that the department is operating with integrity and as ethically as possible.” (Lippmann, R. 1/02/2013). The reality for many officers, most African-American, has been much different. It warrants repeating, no officer in the recent history of SLMPD has faced such an expedited discipline process from start to finish. The E.S.O.P. does not want Chief Dotson to stand down when any officer is alleged to have taken part in some form of misconduct. However, the E.S.O.P. believes Chief Dotson needs to be consistent with all internal investigations. His actions in regards to how he handles discipline involving African-American Officers, and some nonminority officers without political or internal affiliations have been alarming. Captain Cousins is African-American. The Leadership Organization represents Cousins. Facts about the investigation of Captain Cousins: • • • • • • Terminated. Transferred before an interview with internal affairs. Placed on administrative suspension/forced leave within days of the alleged violation. Separated from officers involved in alleged allegation, unlike the commander involved in the alleged beating of Michael Weller. Cousins is alleged to have failed to arrest a homeowner who defended himself after being the victim of a home invasion robbery. Investigation discussed with the media by Chief Dotson. Page 84 of 112 Copyright 2016 © Ethical Society of Police • • • • Captain Cousins identified in press, no criminal charges pending. Some Officers that prepared statements about the case appear to be biased. Several clapped hands and celebrated his suspension. The victim was placed in handcuffs within minutes of the call. Represented by the Leadership Organization. Please note: There are several instances in justifiable homicide investigations where victims have defended themselves with weapons against armed assailants. Even when the victims have been convicted felons the victims are rarely booked. This is often due to the fact the armed or dangerous suspect(s) initiated the violent encounter and the victim was defending their life or someone else's. In the three years in which Chief Dotson has been Chief of Police, there have been numerous instances in which officers and commanders of all races have behaved in a manner that hasn't been befitting of officers. In some instances, these officers have violated the law. In those cases, as with any wrongdoing, justice should be swift and served accordingly. However, Chief Dotson has failed to address many of these incidents in as much detail as he has with the investigation of Captain Cousins, Officer Durand Brassfield, and Officer Keith Major; all of whom happen to be minorities. Captain Cousins, Officer Major, and Officer Brassfield are available for comment. 18) In 2015, the E.S.O.P. was advised of the following: During the same timeframe as the suspensions of Officer Brassfield and Officer Major in 2015, an SLMPD officer tested positive during a drug screen for a banned and non prescribed, prescription controlled substance. Please note: per Regulation NO. 117, “Inability to perform duties in a safe and normal manner due to the use of alcohol, illegal drugs, abuse of legal drugs or other intoxicants,” is considered a serious infraction and “immediate dismissal is warranted.” (Regulation NO. 117, pg. 11, 12/14/2012). Also, per the Police Manual, Rule 7 this officer violated the following: “Use of controlled substances not medically prescribed.” The recommendation for discipline for this officer per the Police Manual only list “dismissal” as the penalty. However, despite the officer’s actions appearing to be sufficient for administrative suspension/forced leave with a recommendation for termination Chief Dotson gave this officer a suspension, less than a week. Chief Dotson allowed this officer to remain in his specialized unit, unlike Officer Brassfield. Chief Dotson originally volunteered he sought to terminate the officer for using the prescription controlled substance. However, Chief Dotson ultimately suspended the officer for days. Chief Dotson also stated he gave this officer the same suspension former Chief Isom gave an officer with the same charge under his command when Page 85 of 112 Copyright 2016 © Ethical Society of Police the E.S.O.P. questioned his discipline practices with several African-American officers. Furthermore, if Chief Dotson was adhering to the protocols set in place by former Chief Isom, the IAD sergeant and other Intelligence Detectives that provided misleading and false investigative statements would be facing termination. This officer was represented by the SLPOA. This officer is Caucasian. Facts about the investigation of the officer who tested positive for a non-prescribed narcotic: • • • • • • Tested positive for a prescription narcotic that was not prescribed to him after sustaining an injury. Allowed to remain in his specialized unit, unlike Officer Brassfield. Suspended for less than seven days. Per Regulation NO 117, this officer could have been placed on forced leave because progressive discipline didn't seem applicable. Per the SLMPD Police Manual-Rule 7, the officer should have faced administrative suspension and termination. He was represented by the SLPOA. 19) Two commanders within SLMPD, Captain Daniel Howard and Major Gerald Leyshock, worked grant funded (Downtown STL, Inc) secondary, which is a violation of Department policy. (Byers, Christine, 09/18/2015). The E.S.O.P. was advised Chief Dotson did not expand the internal investigation of these commanders to ensure they did not receive grant pay at the same time they were scheduled to work for SLMPD. By contrast, the E.S.O.P. was advised Chief Dotson did not involve the federal authorities with this case as he had done with other officers, mostly AfricanAmericans. Chief Dotson had sought assistance from Intelligence with other investigations, to review phone records, bank records, and other documents. The E.S.O.P. was advised this was not done for the investigations of Captain Howard and Colonel Leyshock. Also, Colonel Leyshock and Major Howard were not reassigned—they were actually promoted. The discipline and subsequent promotions following an act of internal impropriety caused a negative shift in morale. The results of their investigations failed to set a positive tone for officers. When a violation of rules by those in the highest positions of command ends with a promotion, many officers are left to wonder if rules only apply to a select few. Furthermore, the E.S.O.P. was advised Major Howard faced reprimand under former Chief Isom for a similar incident years prior. The current special order had been amended relative to him working grant-funded secondary to prevent Page 86 of 112 Copyright 2016 © Ethical Society of Police commanders from taking the majority of the grant overtime from officers. Additionally, when an officer violates policy for the same or similar incident twice their punishment is substantially steeper. This didn't appear to be the case for Howard. Downtown STL, Inc, is heavily involved in tourism, dining, entertainment events and attractions in Downtown St. Louis. This organization has a tremendous amount of clout when it comes to what happens in the City of St. Louis, more specifically in Downtown St. Louis. The president and CEO of Downtown STL Inc., Melissa Kelley, did not take issue with Howard violating Department Policy and receiving money that should have gone to officers who are severely underpaid in comparison to him. (Byers, Christine, 09/18/2015). Kelly advised, “He has been extremely helpful for us and we have received extremely great feedback from neighbors and business owners…Obviously this is an internal rule we didn’t know anything about and we don’t feel anyone was harmed in this process.” (Byers, Christine, 09/18/2015). The truth is, officers who are paid substantially less were harmed by Howard’s decision. Howard was paid grant overtime in excess of 10,000 dollars. (Byers, Christine, 09/18/2015). These commanders were represented by the E.S.O.P. Major Howard and Colonel Leyshock are Caucasian. Facts about the investigation of Colonel Leyshock and Major Howard: • • • • • • • Expedited investigations. The investigations lasted less than a month; most investigations take months or years and are rarely concluded as fast as that of Howard's and Leyshock's. No subpoenas for phone records to verify the grants worked were not done at the same time these commanders worked for SLMPD. Captain Howard was promoted to major within a month of the article being published in the STL Today. Colonel Leyshock received a written reprimand. Intelligence did not check for secondary improprieties as they have done with Officer Major, Sgt. Wilson, Officer Brassfield, Captain Cousins, and others. Leyshock and Howard were not subjected to additional interviews, like Officer Brassfield and Officer Major. 20) In 2014, former SLMPD Colonel, Reggie Harris was the subject of an internal Employee Misconduct Report (EMR), after SLMPD lost a reverse discrimination lawsuit. Harris and others are alleged to have failed to interview a Caucasian sergeant who met the basic qualifications for a position in the Police Academy. The position Page 87 of 112 Copyright 2016 © Ethical Society of Police was assigned to a well-qualified African-American sergeant. The Caucasian sergeant was awarded $620,000 in the lawsuit after suing. Harris was also reassigned from his position. Chief Dotson initiated the discipline. (Gillerman, Margaret, 8/21/2013). Colonel Harris is African-American. Facts about the investigation of Colonel Harris: • • An internal Employee Misconduct Report was initiated for discipline, but not completed. Civil judgment awarded to a plaintiff. 21) In May of 2014, SLMPD lost a civil suit that stated the Commander of the SLMPD Department Laboratory used retaliation practices. The jury awarded former SLMPD Chemist Margaret Owens $175,000 in the civil suit against SLMPD and commander, Angela Coonce. (Mann, Jennifer, 5/28/2014). Chief Dotson promoted Lieutenant Coonce shortly after the lawsuit to captain. Captain Coonce did not face any internal discipline with an EMR in regards to Owens’ retaliation claims and the lawsuit. In the past, policy prevented promotions while an officer was investigated for internal violations. Chief Dotson changed that policy. The E.S.O.P. has been advised on numerous occasions that Captain Coonce is a close confidant of Chief Dotson. When Colonel Harris voiced his concerns to Chief Dotson about Captain Coonce not having an Employee Misconduct Report (EMR) initiated as he had for his lawsuit, Chief Dotson dropped the EMR against Colonel Harris. Please note: per the City of St. Department of Personnel Administrative Regulation NO. 117 a “Violation of the Policy Against Harassment or the Equal Employment Opportunity Policy and Complaint Procedure,” could warrant forced leave. (Regulation NO. 117, pg.11, 12/14/12). Captain Coonce did not face any discipline. SLMPD outlines similar discipline for such a sustained violation. The captain was not transferred after SLMPD lost the lawsuit. Note, Officer Durand Brassfield was transferred from his specialized unit after being cleared of the original complaints against him. The commander is Caucasian. Margaret Owens is Caucasian. Facts about the investigation of the captain: • • • No internal discipline or Employee Misconduct Report prepared. Civil judgment awarded to plaintiff in May of 2014, for $175,000. Captain Coonce was promoted to Captain 10/16/2014, by Chief Dotson — less than six months after the lawsuit. Page 88 of 112 Copyright 2016 © Ethical Society of Police • • • • • Remained in a specialized unit assignment after promotion and loss of the lawsuit and civil judgment. Close confidant of Chief Dotson. When Colonel Harris voiced his concerns to Chief Dotson about the commander not being disciplined with an EMR as he had, Chief Dotson dropped the EMR investigation against Colonel Harris. Per Regulation NO. 117 Captain Coonce’s actions warranted substantial discipline. Per the SLMPD Police Manual and grievance policies the results of the lawsuit warranted discipline. 22) In 2014, Sgt. Angela Taylor assisted a female candidate for hire as a police recruit with a physical exercise. Female candidates often fail the weight lifting portions of the physical test. Sgt. Angela Taylor is assigned to the Police Academy. She was written up and verbally reprimanded for assisting a female candidate. She asked to provide a rebuttal to the written reprimand, but was threatened with further discipline from the former colonel assigned to the Police Academy if she did. Rebuttal to discipline allows officers to provide a statement. Sgt. Angela Taylor is available for comment and confirmation. (Taylor, A. 2016). Additionally, this candidate was eliminated from consideration for hire by Intelligence for reasons that have not been clearly articulated. At the time, the candidate was eliminated, Sgt. Kenneth Moore was assigned to the Human Resource Division as a recruiter. Sgt. Moore provided rebuttal to her application and several others that he believed should not have been dismissed for hire by Intelligence. He was threatened with transfer and resigned taking outside employment. Sgt. Moore is available for comment as well. Sgt. Taylor, Sgt. Moore and the female recruit candidate are African-American. The former colonel over the Police Academy is Caucasian, and now the Assistant Chief of Police. Facts about the investigation of Sgt. Angela Taylor: • • • • • Sgt. Taylor assisted a potential recruit candidate with the push and pull machine at the Police Academy. Written reprimand for using Department equipment. Not allowed to provide rebuttal without broader discipline occurring. The potential Police Recruit in Training was not selected for hire. Sgt. Angela Taylor is an E.S.O.P. Board Member. 23) In 2015, the E.S.O.P. was advised of the following: A sergeant, who has since retired, assisted a potential female candidate for Police Recruit in Training with some of the physical elements of the fitness test. He never received any form of discipline. Sgt. Page 89 of 112 Copyright 2016 © Ethical Society of Police Angela Taylor had in example 22. Sgt. Taylor and the male sergeant were both assigned to the Police Academy at the time they sought to assist potential candidates. The candidate was hired. The candidate and the former sergeant are Caucasian. Facts about the investigation of the sergeant who assisted the female recruit candidate: • • • No internal investigation initiated. Assisted a female candidate with physical aspects of the test. This potential candidate was hired as Police Recruit in Training. 24) In 2014, two officers were recorded telling twenty-one year old Terry Robinson to produce, “A gun and a body with it.” (Addictinginfo.org, 12/26/2014). There was an implied threat of arrest for a probation violation if he did not produce a suspect for them who was in possession of a handgun. The name of one of the officers was not released to the press. Chief Dotson advised the media there would be a federal investigation in regards to the ‘alleged’ actions of Officer Brassfield, Officer Major, and Captain Cousins and their names were released to the media. Cousins, Major, Brassfield, and others where placed on administrative suspension/forced leave as their investigations continued. The two officers recorded by Terry Robinson were not placed on forced leave. The process of discipline and investigation for the officers involved in the ‘allegations’ made by Mr. Terry Robinson was different. The name of the female officer has never been released to the media. One of the officers involved was later identified as Thomas Carroll, he has since resigned, relative to the federal indictment involving misconduct. The E.S.O.P. was advised no substantial discipline occurred to either officer. These officers were represented by the SLPOA. The officers are Caucasian and Terry Robinson is African-American. Facts about this investigation: • • • • No substantial internal discipline. Placed on paid duties during the investigation. No criminal charges. Represented by the SLPOA. 25) In April of 2015, off-duty Police Officer Mark Rodebaugh was observed immediately after a loud crash and accident involving his personal vehicle. Witnesses said Rodebaugh advised them “he had messed up and that he had insurance.” (Koehler, Jeremy, 6/26/2015). “Witnesses said six officers — including Capt. Dan Howard, one of Rodebaugh’s former supervisors — responded to the crash.” (Koehler, Jeremy, Page 90 of 112 Copyright 2016 © Ethical Society of Police 6/26/2015). Howard and Rodebaugh were friends. Days after the accident Rodebaugh’s brother appeared at SLMPD Headquarters claiming responsibility for the accident. Circuit Attorney, Jennifer Joyce said she could not prosecute the case because there was not enough probable cause to proceed. She also stated, “The question is not whether Mark Rodebaugh was intoxicated; we definitely have evidence that he was intoxicated.’ (Koehler, Jeremy, 6/26/2015). Joyce stated there was circumstantial evidence and this alone could not prove he was intoxicated. However, a prominent DWI expert, Travis Noble stated, “Prosecutors routinely charge people with drunk driving based only on circumstantial evidence they were driving, such as when they are outside the car when police arrive at a crash.” Noble further questioned how Joyce could charge anyone after failing to prosecute a cop under similar circumstances. “Next time I get one of those, I’ll tell Jennifer Joyce, ‘You didn’t go after the cop; how are you charging this guy?” (Koehler, Jeremy, 6/26/2015). Additionally, witnesses and the victims have questioned the integrity of SLMPD in this incident. One witness stated, “I think they were all trying to cover for each other.” (Koehler, Jeremy, 6/26/2015). Rodebaugh was placed on forced leave, but resigned. Please note, since this incident Chief Dotson has allowed one SLMPD officer alleged to have committed a similar offense to work paid administrative desk duties. This officer is Caucasian. The discipline process has no set rules for officers facing administrative suspension/forced leave, suspension timeframes, and termination. It is subjective. Rodebaugh is Caucasian. Facts about the case involving former SLMPD Officer Mark Rodebaugh: • • • • • • • Placed on administrative suspension/forced leave. Resigned. He was not charged despite an overwhelming amount of circumstantial evidence. A confidant and supervisor responded and supervised the scene. Witnesses allegedly observed Rodebaugh stumbling immediately after the incident. Chief Dotson has allowed another officer to work paid desk duties as he awaits the outcome of his alleged driving while under the influence charge. Represented by the SLPOA. 26) On April 7th, 2016, “Officer Jeffrey Trares was arrested for driving with an excessive blood alcohol content. He wrecked his personal vehicle, striking a parked St. Louis Fire Department SUV. Trares’ personal vehicle came to rest on the lawn of a home.”(Currier, Joel, STL Today, 4/8/2016). Trares was placed on paid administrative desk duties at Central Patrol, which differed from how other investigations have been handled. The E.S.O.P. was advised of the following: Trares Page 91 of 112 Copyright 2016 © Ethical Society of Police is a close associate of the Assistant Chief of police and another high-ranking commander. The Assistant Chief of Police and the other commander are Caucasian. Officer Trares is Caucasian. Facts about the Trares investigation: • • • Placed on paid administrative duties. This was in contrast to how Chief Dotson handled several similar investigations. Represented by the SLPOA. The E.S.O.P. was advised this officer is an associates of the Assistant Chief of Police. 27) In 2015, the E.S.O.P. was advised of the following: Chief Dotson released a statement in regards to the internal investigation of Detective Kelli Swinton. Swinton turned off the in car camera during an arrest. Swinton was told by her supervisor to leave the scene before turning off the in car camera, which violated Department policy. (Christine Byers, STL Today, 2/18/2015). Please note, the E.S.O.P. does not condone the actions of Detective Swinton or any other officers on the scene of this incident that failed to follow the in car camera policy. Our contention, once again, is about the consistency of investigations conducted under Chief Dotson. Chief Dotson’s Office has repeatedly stated, “It is not their (SLMPD) policy to release the names of officers who are under investigation or placed on suspension.” (Addictinginfo.org, 12/26/2014). However, Swinton’s name was released in a news article Chief Dotson was quoted in before the internal investigation was concluded. This has occurred several times in news articles in which Chief Dotson has been quoted. The release of the names of officers is a violation of SLMPD Department policy. The E.S.O.P. is unsure if Chief Dotson is releasing the photographs and names of these officers; however, it is concerning that he has been directly quoted in some of these articles. Also, days before the article was released, Chief Dotson contacted Swinton’s commander. Dotson advised there was a scheduled press release about Detective Swinton. Chief Dotson advised the commander he was transferring Detective Swinton while the investigation was being conducted. The impending transfer of Detective Swinton was a violation of the Collective Bargaining Agreement. Dotson advised the transfer would occur the Monday after the news article was scheduled to be released. The transfer of Detective Swinton was only impeded after her attorney, a prolific and well-respected litigator contacted Chief Dotson’s Office and advised the Page 92 of 112 Copyright 2016 © Ethical Society of Police pending transfer was in violation of the CBA. After the attempt to transfer Detective Swinton was nullified, Chief Dotson had the former female commander assigned to his office contact Detective Swinton’s commander. This commander advised her that Chief Dotson wanted her to “stay out of the way of his investigation.” The commander is available for comment. The original IAD complaint by the arrested subject was for Use of Force. The arrested subject had visible injuries. Detective Swinton was not physically involved in the arrest or the resisting. All of the arresting officers were exonerated for the Use of Force portion of the investigation, despite the arrestee’s injuries. Most of the officers failed to have their microphones properly synced, which is a violation of Department policy. There was no audio from their microphones to determine if they acted properly during the resisting. The officers did not face the same internal discipline as Detective Kelli Swinton, who was charged with improper use of the in car camera system. All of the officers should have been held accountable, because they all failed to properly sync their microphones during the arrest and resisting released to the media. Detective Swinton was the only officer to receive substantial discipline for her actions. As stated, the E.S.O.P. is not condoning Detective Swinton’s actions. We are identifying the differences with her punishment compared to the officers involved in the resisting. Detective Swinton has faced retaliation since the incident. She has essentially been punished several times. In 2015, Detective Swinton was asked to join the Homicide Section, via a detachment, which is temporary. Swinton was advised she would be on the next transfer list from Chief Dotson’s Office. However, when Chief Dotson released the transfers several other candidates were selected instead. Swinton was equally qualified. Chief Dotson has final say on transfers. Chief Dotson’s Office also questioned the overtime submissions of Detective Swinton. Also, the former, female lieutenant assigned to the Chief’s Office presented printouts with line-by-line notations on Officer Swinton’s overtime before her suspension. Questioning the overtime submissions of a detective is not normal practice. Detectives, Officers, and Sergeants submit hundreds of overtime submissions during the course of a week. The Chief’s Office questioning the submissions of Detective Swinton after this investigation appeared retaliatory. Furthermore, Detective Swinton is assigned as a Detective in the high call volume Child Abuse Section, where overtime submissions are normal rather than abnormal. Page 93 of 112 Copyright 2016 © Ethical Society of Police Lastly, it is the policy of SLMPD that the outcome of any discipline procedure will not be shared with any other party outside of the officer’s supervisors. In 2015, an email was sent to Swinton’s former platoon outlining Detective Swinton’s punishment. This was a violation of Department policy. Detective Swinton filed an EEOC complaint. Swinton was a member of the SLPOA at the time of the incident, but she paid out of pocket for separate representation. Detective Swinton is African-American. Facts about the Investigation of Detective Swinton: • • • • • • • • Threatened with transfer before the investigation began. Overtime questioned by the Chief’s Office. Was the only officer and that rank suspended despite others violating Department Policy. Details of suspension released to an entire platoon, violating Department Policy. Name and photograph of officer released to media after Chief Dotson gave a statement about the officer. Denied a detachment to Homicide. The officer’s lieutenant, over the Child Abuse Section, was told to remain out of the investigation. In Chief Dotson’s defense, Detective Swinton was not placed on forced leave, which had been a diversion from Chief Dotson’s normal course of actions in several cases where the names of African-Americans were mentioned in articles released to the press. Chief Dotson; however, sought to transfer Detective Swinton even before the news article was released and the investigation began. 28) In 2015, the E.S.O.P. was advised of the following: An officer was immediately placed on forced leave and booked for violating Department policy and the law after he was alleged to have assaulted and threatened his wife. There was physical evidence substantiating the claims. The E.S.O.P. agrees with Chief Dotson’s decision to place the officer on forced leave based on the evidence presented. The wife of the officer refused to press charges, which isn't unheard of in Domestic Assault cases. The officer’s name was not released to the press. This officer was represented by the SLPOA. He was a member of the E.S.O.P. as well. The officer is African-American. Here are the facts of this investigation: • • • • The officer was immediately placed on forced leave. The officer was charged with Domestic Assault. The officer’s wife refused to press charges. Represented by the SLPOA. Page 94 of 112 Copyright 2016 © Ethical Society of Police • Officer resigned. 29) In June of 2015, the E.S.O.P. was advised of the following: An officer resigned after allegedly having sexual relations on a call for a disturbance while on duty. The name of this officer was not released to the press. The officer was not charged with a crime. This officer was a member of the SLPOA. This officer is Caucasian. Facts about the investigation of this officer. • • • • • • Violated policy by having sexual contact while on duty. Officer didn't face any criminal charges per Chief Dotson’s authority. Name wasn’t released to the press. No statement by Chief Dotson. Officer resigned. Represented by the SLPOA. 30) In 2015, the E.S.O.P. was advised of the following: Officer Jason Flanery was allowed to take the day off after his notification for a scheduled drug screen, which was a violation of the SLMPD Drug Policy. Later that year, Officer Flanery tested positive for cocaine, per media reports. (Rivas, Rebecca, 2/6/2016, St. Louis American). He resigned from SLMPD after leaving the scene of an accident while operating a Department vehicle under the influence of a controlled substance. (Rivas, Rebecca, 2/6/2016, St. Louis American). Additionally, it was learned Officer Jason Flanery, had a prior conviction for a weapons offense when hired. (Rivas, Rebecca, St. Louis American, 2/6/2016). Flanery was hired in 2008. Chief Dotson was not the Chief of Police at that time. Some applicants, of all races, with simple city (non violent) city ordinance violations have been eliminated, yet Officer Flanery was hired with a weapons conviction. Around 2007, before Officer Flanery was hired, a candidate with a distinguished war record was disqualified for hire. This candidate was advised an incident in which he was a victim was being held against him. When he was eighteen a suspect wearing brass knuckles came to his home and attacked him. He was able to disarm the suspect during the course of the fight. The suspect was injured. This applicant is a St. Louis County Police Officer. This applicant is bi-racial. Officer Flanery is Caucasian. In February of 2016, Chief Dotson implemented a new Drug Screening Policy. Page 95 of 112 Copyright 2016 © Ethical Society of Police Facts about the investigation of former SLMPD Officer Jason Flanery: • • • • • • Officer Flanery tested positive for a controlled substance. Officer Flanery left the scene of an accident. Officer Flanery operated a Department vehicle under the influence of narcotics and alcohol. Hired with a weapons conviction. Flanery was not a member of the E.S.O.P. In February of 2016, Chief Dotson implemented a new Drug Screening Policy. 31) The E.S.O.P. was advised of the following: The commander of Officer Jason Flanery allowed Officer Flanery to take the day off after he received a drug screen notification. This violated Department Policy. Flanery later resigned after he tested positive for cocaine and alcohol while operating a Department vehicle. In October of 2014, Officer Jason Flanery shot and killed VonDerrit Myers Jr. At the time of Myers’ death drug screens were not required when officers were involved in shootings. In February of 2016, Chief Dotson implemented a new Drug Screening Policy. The new policy made drug screening mandatory for all officers involved in officer-involved shootings. When the E.S.O.P. asked Chief Dotson why the commander was not disciplined for allowing Flanery to miss a drug test in 2015, he stated, “I would have to discipline close to 15 other commanders for the same violation.” The E.S.O.P. advised Chief Dotson that he should discipline anyone who knowingly violated the Drug Screening Policy. Violations of the policy can unnecessarily place our community and officers at risk. This commander is Caucasian. This commander’s investigation was not handled like that of Captain Cousins, and this commander’s actions appeared to warrant a high level of discipline, but that did not occur. Please note, this is the same commander who denied a qualified African-American Candidate’s transfer into SWAT/HRT, after the candidate finished first in several categories of testing. Facts about the investigation of Officer Jason Flanery’s commander: • • The commander never faced any significant discipline. The commander was transferred. Page 96 of 112 Copyright 2016 © Ethical Society of Police 32) In February of 2016, the E.S.O.P. was advised of the following: A male officer took a female juvenile into custody on February 2nd, 2016, for a narcotics violation and for fleeing a vehicle. The female arrestee alleged the officer placed his hands inside of her underwear to retrieve narcotics. The E.S.O.P. was advised the officer allegedly made contact with her genitals. It appears his actions were not intentional. Regardless, his actions were a violation of Department Policy. Furthermore, such an act can be considered a sexual assault, and would have been written as such if a citizen reported another citizen had done something similar. A Communications Report was generated on the incident after the female juvenile refused to make another verbal complaint. The officer’s name was not included in the Communication Report generated by the Sex Crimes Section. The officer’s name and photograph have not been released to the media. Chief Dotson did not make a statement. The SLMPD unwritten policy until this incident occurred was for SLMPD to prepare a report with the statements of the victim, which would have been for a Statutory Sodomy. The internal policies changed after the SLMPD’s Sex Crime Section was exposed in 2005, for preparing internal memorandums for complaints of sexual assaults. (Kohler, Jeremy, STL Today, 1/17/2005). SLMPD wrote memorandums instead of police reports because the memorandums did not go against reported violent crime statistics for the City of St. Louis. (Kohler, Jeremy, STL Today, 1/17/2005). A communications report in lieu of an official police report of a sex crime being written didn't comport with how SLMPD now prepared reports for citizens. A normal Sex Crime’s investigation should have occurred and if there was overwhelming proof the incident did not occur it would later be reclassified as unfounded. However, the incident has never been classified as a Statutory Sodomy to be unfounded, which is in direct conflict with how such reports have been prepared since the memo scandal within SLMPD in 2005. The allegations are serious in nature and warrant a complete investigation and appear to warrant the officer being placed on restricted duties until the investigation was completed. Please note, Officer Keith Major was placed on forced leave for giving someone a “fist bump.” However, this officer has never faced discipline and he is on regular patrol. Whether the actions of the officer were due to ignorance of Department policy, his alleged actions violated Department policy. The officer is represented by the SLPOA. This officer is Caucasian. Facts about the investigation of this officer: • • Alleged to have inadvertently touched the genitals of a sixteen-year-old female. Juvenile was charged with drug possession per the nightly staff report. Page 97 of 112 Copyright 2016 © Ethical Society of Police • • • • • Alleged to have searched a female prisoner outside of the scope of weapons. Failed to request a female officer complete a search of a female, which violated Department unwritten internal policy. Name and photograph was not released. No statement made to the press by Chief Dotson. Officer has not been suspended. 33) In 2015, the E.S.O.P. was advised of inappropriate comments made by a police commander. Chief Dotson was made aware of several disparaging racial remarks made by a commander during training. Chief Dotson failed to initiate an investigation into these claims. A retired SLMPD officer witnessed this behavior and is available for comment. This is the former commander of SWAT/HRT, and the former commander of Jason Flanery. He is also the commander who denied a qualified African-American a /HRT transfer. Please note, Chief Dotson transferred the only African-American from the Chief’s Office when he believed he’d said something inappropriate. Please refer to example # 7. The commander is Caucasian. Investigation into the Commander: • The E.S.O.P. was advised no investigation had been initiated. 34) In 2015, the E.S.O.P. was advised of the following: Chief Dotson immediately placed a sergeant who was alleged to have been intoxicated while at work and/or while operating a motor vehicle on duty on administrative suspension/forced leave. The sergeant was not booked for a alcohol related driving incident. His blood alcohol content was above the legal limit. This is in direct contrast to how Chief Dotson handled the investigation of Officer Jeffrey Trares, who he placed on paid desk duties. Be advised, as mentioned in example number 18, an officer in 2015 tested positive for a non prescribed prescription narcotic while on duty. He received less than a week suspension and was allowed to work regular duties until he served his suspension. This sergeant is Caucasian. Facts about the investigations of this sergeant: • • • • • Alleged to have been intoxicated. Placed on forced leave. Blood alcohol content above the legal limit. Leadership represented the sergeant. Investigations handled in contrast to that of Officer Jeffrey Trares. Page 98 of 112 Copyright 2016 © Ethical Society of Police • Investigation handled different than that of example number 18, where an officer tested positive for a non-prescribed prescription narcotic while on duty in 2015. 35) In 2016, the E.S.O.P. was advised of the following: A sergeant in the North Patrol Division responded to work in what was believed to be an intoxicated state. The E.S.O.P. was advised this was consistent behavior for the sergeant. The commander was aware the sergeant had a possible alcohol addiction. The E.S.O.P. was advised this commander advised him (sergeant) he would not allow him to patrol in his current state. The commander allowed the supervisor to go home without contacting IAD, which is Department policy. The supervisor sought treatment for alcohol abuse and returned to duty. The supervisor is Caucasian and the Sergeant is Caucasian. Facts about this investigation: • • • A North Patrol Division supervisor allegedly responded to work intoxicated. The commander allowed the supervisor to return home. IAD was not contacted, which violated Department policy. 36) In 2016, the E.S.O.P. was advised of the following: An officer in the North Patrol Division was alleged to have operated a department vehicle while intoxicated. He was placed on administrative suspension/forced leave, awaiting termination. Be advised this same officer had witnessed several officers “fist bumping and cheering,” about the investigation and suspension of Captain Ryan Cousins. This officer advised he feared retaliation from his current commander and sergeant in regards to the investigation of Captain Cousins. Regardless, the officer was legally intoxicated at work. Also of note, is the fact that this officer’s commander spoke to this officer in regards to him completing report corrections, but didn't detect the officer was allegedly intoxicated at the time. The officer made the report corrections and returned to patrol duties. He was then advised by the commander to return to the station yet again, where he was admonished and ultimately placed on forced leave for being above the legal limit. The commander in example 35, is the commander who handled this incident, which was handled different. Be advised, as mentioned in example number 18, an officer in 2015 tested positive for a non-prescribed prescription narcotic while on duty and that officer received less than a week suspension. That officer was allowed to work regular duties until he served his suspension. This incident was also handled different than that of Officer Jeffrey Trares. This officer received a citation for operating a motor vehicle while intoxicated. This officer was represented by the SLPOA. This officer is African-American and a member of the E.S.O.P. Facts about the investigation of this officer: Page 99 of 112 Copyright 2016 © Ethical Society of Police • • • • • • • Officer is alleged to have been on duty under the influence of alcohol. Officer was booked for operating a motor vehicle while intoxicated. Blood alcohol content above the legal limit. Commander handled this incident different than that in example 35. Represented to SLPOA. Investigation handled in contrast to that of Officer Jeffrey Trares. Investigation handled different than that of example number 18, where an officer tested positive for a non-prescribed prescription narcotic while on duty in 2015. 37) In 2015, Officer Natalie Williams was the subject of an EMR for a criminal offense and a violation of internal policy. In June of 2015, Officer Williams, who was already on forced leave from SLMPD, was charged with drug and weapon possession after a search warrant at her home. Williams was arrested, which the E.S.O.P. believes warranted Chief Dotson providing the press with a statement. (CBS St. Louis, 6/24/2015). The E.S.O.P. believes Chief Dotson rightfully released the name and photo of former SLMPD Officer Natalie Williams, who was arrested for drug and gun possession, with warrants issued. The E.S.O.P. would also concede that releasing the name of former Officer Jason Flannery was appropriate. The Chief’s actions in a few other incidents involving officers where there is an overwhelming amount of evidence is not challenged as well. The E.S.O.P. applauds his consistency in those incidents, but would like consistency to apply with all internal investigations. Natalie Williams is African-American. Facts about the investigation of former Officer Natalie Williams: • • • Warrants were issued for alleged drug and gun violations. Name and picture released to media after she resigned. Was a member of the E.S.O.P., but not represented in criminal court by the E.S.O.P. 38) In 2015, the E.S.O.P. was advised of the following: A now retired colonel, recommended termination for an officer who advised he completed surveillance on a subject and location relative to a search warrant; however, this officer was assigned to a detail when he advised he'd done so. The officer forced entry into the wrong house and faced termination for his actions. When the retired colonel left the Department in 2015, the complaint was modified from the termination recommendation to drastically less punishment. The current Assistant Chief of Police and Chief Dotson signed off on the officer’s punishment. This officer was not terminated. Officer Brassfield and Officer Major faced termination for a “fist bump.” This officer did not Page 100 of 112 Copyright 2016 © Ethical Society of Police face any criminal charges. In years past, officers who placed fictitious information in police reports or search warrants have faced termination. This officer is a member of the SLPOA. Be advised at the time this officer committed these acts he worked for the commander identified in the indictment of Bliss Worrell and Officer Thomas Carroll. The officer in this case is Caucasian. Facts about this investigation: • • • • • Originally faced termination. Punishment amended by the current Assistant Chief of Police and Chief Dotson. Received far less punishment than originally stated. Chief Dotson agreed to his discipline and signed off on the discipline. In the past, other officers faced criminal indictment and termination. 39) In the spring of 2016. The E.S.O.P., Human Resources, Chief Dotson, the Director of the Police Academy, and the Intelligence Commander, met relative to concerns about communication and why several E.S.O.P. recruitment program candidates for hire were being eliminated for Police Recruit in Training. A sergeant and E.S.O.P. Board member challenged the process. Chief Dotson responded to the sergeant by stating, “You’re pissing me off.” Chief Dotson later apologized for his inappropriate comments. The sergeant is African-American. He's also an E.S.O.P. Board member. Facts about this incident: • The sergeant Chief Dotson spoke inappropriate to is an E.S.O.P. Board member. 40) In February of 2016, an off-duty SLMPD officer was involved in a verbal altercation with his wife. His wife later alleged he assaulted her outside of a gas station. Chief Dotson immediately had the officer arrested, pending application of the warrant for Domestic Assault. The investigation had not been completed for fact verification. Video evidence later showed there was a possible verbal altercation, not a physical altercation. However, the officer has been charged with an assault before it could be investigated. This officer was represented by the SLPOA. This officer is AfricanAmerican. Facts about his investigation: • • Officer booked at Chief Dotson’s urging without a complete investigation. The officer is on paid administrative desk duties and later back to full duty. Page 101 of 112 Copyright 2016 © Ethical Society of Police • • Video evidence showed the assault did not occur. Represented by the SLPOA. 41) On March 15th, 2016, Lt. Cheryl Orange, a board member with the E.S.O.P., received a cellular phone call from Chief Dotson asking why her officers were not handling a Destruction of Property in a timely manner. A stray projectile damaged a window; however, there were no injuries. Before the call for Destruction of Property, a priority-one call for a victim of a shooting was dispatched. Officers could hear gunfire. There was one victim suffering from a gunshot wound and another person struck by an unknown vehicle as the vehicle fled the scene. The crime scene was extensive, with three separate scene locations, approximately sixty-five cartridge casings, and other ballistic evidence located at the scene. All of the District Three manpower was out of service handling the incident and other priority calls. Chief Dotson called Lt. Orange while she was on the scene of a shooting. He never asked for specifics about the shooting or victim. Chief Dotson advised a call from a citizen was received by dispatch regarding the Destruction of Property. Chief Dotson questioned why there was a delayed response to the call for Destruction of Property and voiced his displeasure with Lt. Orange about the response time to the Destruction of Property, which had no injuries. Chief Dotson yelled at Lt. Orange, stating she needed to have the sergeants monitor the radio closely and possibly have out of district officers handle the Destruction of Property. Chief Dotson later apologized for yelling. He asked Lt. Orange to respond to the call for the Destruction of Property. The Chief later told Lt. Orange the property owners stated she was very professional. Chief Dotson; however, sent a request to the Central Patrol Division Commander asking that a memorandum be prepared in detail relative to a call for a Destruction of Property being held while officers handled a shooting with two people severely injured. Incidents in which there is a victim of a shooting or any other type of assault are priority calls compared to a call with no injuries. At this time, it is unclear what type of discipline Chief Dotson is seeking. Lt. Cheryl Orange is African-American. Facts about this investigation: • • Chief Dotson yelled at the lieutenant handling the incident. Chief Dotson never asked about the status of the victims. Page 102 of 112 Copyright 2016 © Ethical Society of Police 42) Of note, is the fact that Sgt. Heather Taylor has repeatedly spoken out against issues of equality within SLMPD in her capacity as President of the Ethical Society of Police. Sgt. Heather Taylor has received messages from several officers advising her retaliation is a real possibility. It warrants repeating, the E.S.O.P. does not condone any actions by any officers that are adverse to the well being of our community. The E.S.O.P. understands Chief Dotson has a difficult job; however, it is not unreasonable to expect consistency with discipline practices. The inconsistent discipline practices of Chief Dotson are why the E.S.O.P. has no faith in his ability to treat minorities and other officers fairly. Conclusions The E.S.O.P. believes all officers within SLMPD have a difficult job policing. We in know way believe we have all of the answers with resolving the internal conflicts within SLMPD; however, ignoring the conflicts and biases has done irrevocable harm to citizens, and the careers of an alarming number of officers. Many within our community are severely disconnected from the officers within SLMPD because of the inability of SLMPD to police itself and the community consistently. SLMPD has some problematic issues to repair along racial lines with promotions into command rank positions, transfers into coveted positions, and with equitable discipline. As stated in previous sections of this document, Part IV will address premeditated assaults on law enforcement, police brutality, the need for body worn cameras, and the need for officerinvolved shootings to be reviewed and prosecuted by an independent entity, outside of the Circuit Attorney’s Office. Part V will address civilian concerns in regards to cronyism, racism, and sexism. Part VI will focus on the staggering level of violence in the inner city, systemic factors within poor and minority communities that often leads to crime, and how the inner city is policed. Part VII will focus on solutions. Parts IV, V, VI and VII will be released at a later date. Bibliography 1. US Census. City of St. Louis. 2015. http://www.census.gov/quickfacts/table/PST045215/29510 2. COPS, DOJ, 2016, ‘Police Perspectives Building Trust in a Diverse Nation.’ http://riczai-inc.com/Publications/cops-p345-pub.pdf Page 103 of 112 Copyright 2016 © Ethical Society of Police 3. Currier, Joel, STL Today, 4/29/2014, “St. Louis Chief Apologizes for Calling Some Officers Slugs,’ http://www.stltoday.com/news/local/crime-and-courts/st-louis-policechief-apologizes-for-calling-some-of-his/article_db2f08d8-f815-543b-a33a7e72382ba8c9.html 4. Toxic Bosses Blues: Fighting Back Against Poor Police Leadership.’ 3/17/2014. PoliceOne.com. https://www.policeone.com/chiefs-sheriffs/articles/6983398-ToxicBoss-Blues-Fighting-back-against-poor-police-leadership/ 5. Arrest Apprehension Listing from January through December, 1/3/2016 6. Arrest Apprehension Listing from January through May, 06/03/2016 7. Missouri Attorney General: Racial Profiling Data for 2012 Vehicle Stops https://ago.mo.gov/docs/default-source/public-safety/2012agencyreport.pdf?sfvrsn=2 8. Missouri Attorney General: Racial Profiling Data for 2013 Vehicle Stops https://ago.mo.gov/home/vehicle-stops-report/2013-executive-summary 9. Missouri Attorney General: Racial Profiling Data for 2014 Vehicle Stops https://ago.mo.gov/home/vehicle-stops-report/2014-executive-summary 10. Missouri Attorney General: Racial Profiling Data for 2015 Vehicle Stops https://ago.mo.gov/docs/default-source/public-safety/2015agencyreports.pdf?sfvrsn=2 11. St. Louis –MO Gov – Mayor Francis G. Slay, 11/4/2014. ‘Mayor Announces Partnership to Recruit, Train, and Hire More African-American Police Officers.’ https://www.stlouis-mo.gov/government/departments/mayor/news/agreement-withthe-ethical-society-of-police.cfm 12. United States Department of Justice (DOJ), Investigation of the Ferguson Police Department, 03/04/2015. https://www.justice.gov/sites/default/files/opa/pressreleases/attachments/2015/03/04/ferguson_police_department_report.pdf 13. Sanders, Katie. 08/17/2014. 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St. Louis American. 11/23/2005. “All White Police Academy Class Draws Criticism.” http://www.stlamerican.com/news/local_news/article_cc764aa6-f7bb-54b48fa0-9c7c510d281f.html 18. SLMPD Special Operations Nightly Staff Reports from 01/11/2016 – 04/12/2016 19. SLMPD Bureaus 1-6 as of 02/15/2016 20. SLMPD Transfers and Detachments, 01/26/2015 21. SLPOA Officer’s Collective Bargaining Agreement, page 11. 2014 22. Jawando, Michele L., Parsons, Chelsea, 2/18/2014, ‘4 Ideas that Could Begin to Reform the Criminal Justice System and Improve Police-Community Relations.’ https://www.americanprogress.org/issues/civil-liberties/report/2014/12/18/103578/4ideas-that-could-begin-to-reform-the-criminal-justice-system-and-improve-policecommunity-relations/ 23. Garrison, Chad, 10/23/2007. 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Sklansky, David A. 2006. “Not Your Father’s Police Department: Making Sense of the New Demographics of Law Enforcement.” The Journal of Criminal Law & Criminology 96 (3): 1209-1243. 33. COPS, Diversity in Law Enforcement-A Literature Review, 1/21/2015. http://www.cops.usdoj.gov/pdf/taskforce/Diversity_in_Law_Enforcement_Literature_ Review.pdf 34. St. Louis Metropolitan Police Department Commissioned Race/Gender Report, 03/14/2016 35. Rivas, Rebecca, St. Louis American. 2/6/2016. “Flanery, STL Officer had Cocaine as well as Alcohol in System when he left Scene of Accident.” http://www.stlamerican.com/news/local_news/article_70ddaad0-c51b-11e5-82083bdd7286a952.html?mode=jqm Page 105 of 112 Copyright 2016 © Ethical Society of Police 36. SLMPD, Sergeant. Angela Taylor. 37. Retired SLMPD Sergeant Kenneth Moore 38. Avoiding Adverse Impact, 6/24/2014. Avestacorp.com: http://avestacorp.com/avoiding-adverse-impact/ 39. KMOX, Mark Reardon Show, November of 2015. 40. Chief’s Interview. 2014. 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Bell, Kim, 9/28/2015, STL Today, ‘Mayor, Police Pledge More Officers Near Busch Stadium After Shooting,’ http://www.stltoday.com/news/local/crime-andcourts/mayor-police-pledge-more-officers-near-busch-stadium-aftershooting/article_300320e5-a575-537d-8a5b-c899beff6cbd.html 71. Bell, Kim, 9/28/2015, STL Today, ‘Mayor, Police Pledge More Officers Near Busch Stadium After Shooting,’ http://www.stltoday.com/news/local/crime-andcourts/mayor-police-pledge-more-officers-near-busch-stadium-aftershooting/article_300320e5-a575-537d-8a5b-c899beff6cbd.html 72. Report: CRM:013-BY.Part I Crime Comparison Based on UCR Reporting Neighborhood Report, 1/6/2016. 73. Hahn-Schremp, Valerie, 9/24/2015, STL Today, “Woman Robbed, Shot in Leg near Tower Grove Park,” http://www.stltoday.com/news/local/crime-and-courts/womanrobbed-shot-in-leg-near-tower-grove-park/article_aec56505-d7b1-58d6-a889d387a917edbc.html 74. 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SLMPD Police Manuel — Administrative Suspension – pg. 7-9. 04/17/2013. 92. Discipline Policy, or Civil Service Rule XIX – Police Department Disciplinary Process. 1/8/215, https://www.stlouismo.gov/government/departments/personnel/documents/upload/CIVIL-SERVICERULE-XIX-ADPT-01-08-15.pdf 93. Byers, Christine, 1/21/2015, STL Today, ‘Cop Investigated Over Money Missing From Association of Black Police Officers.’ http://www.stltoday.com/news/local/crime-andcourts/cop-investigated-over-money-missing-from-association-of-blackst/article_a45b5d9a-c5a1-53a9-b84c-03afd8132db5.html 94. City of St. Louis Department of Personnel Administrative Regulation NO. 117 – Discipline Procedures. Forced Leave. 12/14/2012. https://www.stlouismo.gov/government/departments/personnel/documents/upload/reg117.pdf 95. Byers, Christine, 2/26/2015, STL Today. “Accuser in St. Louis Police Officer Brutality Case Arrested After Testifying.” http://www.stltoday.com/news/local/crime-andcourts/accuser-in-st-louis-police-brutality-case-arrested-after-testifying/article_15d969805fef-52ff-8fe1-020e8921c8cc.htm 96. Byers, Christine, 2/13/2016. STL Today. “St. Louis Police Captain on Forced Leave Amid Allegations of Freeing Felony Suspect.” forced-leave-amid-allegations-of/article_13ffd0d4-747d-5b46-ad4f-854e258ef9b9.html Page 109 of 112 Copyright 2016 © Ethical Society of Police 97. Stephens, Darrel. W. “New Perspective in Policing.” 6/2011. https://www.ncjrs.gov/pdffiles1/nij/234052.pdf 98. Byers, Christine, 3/4/2015, ‘Three St. Louis City Police Officers Removed from Duty Amid Allegations of Criminal Conduct,’ http://www.stltoday.com/news/local/crimeand-courts/three-st-louis-police-officers-removed-from-duty-amidallegations/article_0fe3bae2-9a59-5990-9ea8-a7be368e6d6a.html 99. 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Lippmann, Rachel, St. Louis Public Radio. 01/02/2013. “New Chief Dotson Will Pursue Civilian Review Boards for Police Department.” http://news.stlpublicradio.org/post/new-chief-dotson-will-pursue-civilian-review-boardspolice-department#stream/0 104. SLMPD Transfers 09/19/2014. 105. SLMPD Transfers 09/24/2014 106. Byers, Christine, 8/29/2013, STL Today, ‘St. Louis Police Sergeant Acquitted in Property Damage Case.’ http://www.stltoday.com/news/local/crime-and-courts/stlouis-police-sergeant-acquitted-in-property-damage-case/article_8a5b9d30-3b8b-58ada092-237c24f9b765.html 107. Lussenhop, Jessica, 3/26/2013, Riverfront Times, ‘St. Louis Policeman Mathew Schanz Allegedly Choked Boyfriend, Slammed His Head into Wall.’ http://www.riverfronttimes.com/newsblog/2013/03/26/st-louis-policeman-matthewschanz-allegedly-choked-boyfriend-slammed-his-head-into-wall 108. Patrick, Robert. 3/21/2014. STL Today. ‘Jury Awards 7.5 Million to Ex-St. Louis City Officer who Claimed Harassment, Retaliation.’ http://www.stltoday.com/news/local/crime-and-courts/jury-awards-million-to-ex-stlouis-officer-who-claimed/article_50cfef06-ae13-5e45-88b0-e8fa6eac6516.html Page 110 of 112 Copyright 2016 © Ethical Society of Police 109. Patrick, Robert,10/30/2015, ‘Officer Sues St. Louis Police Supervisors, Alleging he was Sexually Harassed,’ STL Today, http://www.stltoday.com/news/local/crimeand-courts/officer-sues-st-louis-police-supervisors-alleging-he-wassexually/article_294a286d-509c-5381-91e4-f33d98bd1d39.html 110. United States District Court Eastern District of Missouri - Carroll Plea, 4/6/2016. https://www.justice.gov/opa/file/838836/download 111. SLMPD Special Order 8-10, Conveying Officer Vigilane, 06/06/2007. 112. United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15. https://www.justice.gov/opa/file/788321/download 113. United States District Court Eastern District of Missouri - Worrell Plea, 10/26/15. https://www.justice.gov/opa/file/788321/download 114. Byers, Christine, 2/10/2016, ‘St. Louis Police Captain Under Investigation Amid Allegations he Released Suspects,’ http://www.stltoday.com/news/local/crime-andcourts/st-louis-police-captain-under-investigation-amid-allegations-hereleased/article_74c05f02-20b3-5844-8500-d6242dd5bb31.html 115. Byers, Christine. 3/24/2016. “St. Louis police must pay suspended captain because chief can't attend appeal hearing.” http://www.stltoday.com/news/local/crimeand-courts/st-louis-police-must-pay-suspended-captain-because-chiefcan/article_24261c66-7bb6-58ac-ba2a-212bd3e13629.html 116. City of St. Louis Department of Personnel Administrative Regulation NO. 117 – Discipline Procedures. 12/14/2012. https://www.stlouismo.gov/government/departments/personnel/documents/upload/reg117.pdf 117. Byers, Christine, 9/18/2015, STL Today, “Two St. Louis City Commanders Disciplined Over Breach of Rule on Outside Pay,’ http://www.stltoday.com/news/local/crime-and-courts/two-st-louis-policecommanders-disciplined-over-breach-of-rule/article_1675987c-126f-51c5-bfec2cf7845a1261.html 118. Gillerman, Margaret. 8/21/2013. STL Today. ‘Federal Jury Awards St. Louis Police Officer %620,000 in Racial Discrimination Lawsuit.’ http://www.stltoday.com/news/local/crime-and-courts/federal-jury-awards-st-louisofficer-in-racial-discrimination-suit/article_a308ac31-c1ff-5ab4-9dd4489189d0d629.html 119. Mann, Jennifer, 5/28/2014. “Jury awards $175,000 to fired St. Louis police chemist in whistleblower case.” http://www.stltoday.com/news/local/crime-andcourts/jury-awards-to-fired-st-louis-police-chemist-in-whistleblower/article_8fc2f6772ddc-562a-9566-683545cf28d2.html 120. City of St. Louis Department of Personnel Administrative Regulation NO. 117 – Discipline Procedures. Equal Opportunity Policy and Complaint. 12/14/2012. https://www.stlouismo.gov/government/departments/personnel/documents/upload/reg117.pdf Page 111 of 112 Copyright 2016 © Ethical Society of Police 121. SLMPD Promotions, 10/16/2014. 122. SLMPD Sergeant Angela Taylor, 11/24/2015. 123. Former SLMPD Sergeant Kenneth Moore, 11/24/2015. 124. Addictinginfo.org, 12/26/2014. “St. Louis Man Says He Caught Cops on Camera Asking Him to Help Plant Guns on Innocent People (Video).” http://addictinginfo.org/2014/12/26/st-louis-cops-caught-on-camera-trying-to-plantguns/ 125. Koehler, Jeremy. STL Today. 6/26/2015. ‘Charges Dropped in Wreck Involving Off-Duty Officer’s van.’ http://www.stltoday.com/news/local/crime-andcourts/charges-dropped-in-wreck-involving-off-duty-officer-s-van/article_d2df6b8d2663-5c87-b33c-8cae8ef76a8d.html 126. Currier, Joel. STL Today. 4/8/2016. “Off duty St. Louis Officer Investigated for DWI after Crashing into Parked Fire Department SUV.” http://www.stltoday.com/news/local/crime-and-courts/off-duty-st-louis-officerinvestigated-for-dwi-after-crashing/article_62ed9dda-09c8-5d5b-91279207539bef3c.html 127. Christine Byers, STL Today, 2/18/2015, ‘Though Officer Turned Off Dash Cam, Officers Weren't Doing Anything Wrong Chief Says’ http://www.stltoday.com/news/local/crime-and-courts/though-officer-turned-off-dashcam-cops-weren-t-doing/article_f46c9c9b-f61f-5b9b-a79b-ccaecbbc7466.html 128. Rivas, Rebecca, St. Louis American. 2/6/2016. “Flanery, STL Officer had Cocaine as well as Alcohol in System when he left Scene of Accident.” http://www.stlamerican.com/news/local_news/article_70ddaad0-c51b-11e5-82083bdd7286a952.html?mode=jqm 129. SLMPD Nightly Staff Report, District Five – Day watch, 02/04/2016. 130. Kohler, Jeremy. 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