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Stephen Loomis, president of the Cleveland Police Patrolmen's Association, said aspects of the consent decree between the city and the U.S. Justice Department could put officers in danger.
(Gus Chan, The Plain Dealer)
CLEVELAND, Ohio -- The head of the Cleveland police department's patrol union said aspects of the agreement that mandates sweeping reforms to the city's police department could put officers in danger.
Officers could be hesitant to draw their guns because doing so would result in more paperwork under the terms of the agreement, Cleveland Police Patrolman's Association president Steve Loomis said Wednesday. The agreement requires an officer to complete a report each time he or she points a gun at a suspect.
"It's going to get somebody killed," Loomis said. "There's going to be a time when someone isn't going to want to do that paperwork, so he's going to keep that gun in its holster."
Cleveland and the U.S. Department of Justice unveiled the agreement, known as a consent decree, Tuesday. It is meant to transform a police department that too often used excessive force and failed to conduct thorough internal investigations, according to an investigation by the Justice Department. The agreement will become legally binding once approved by a federal judge.
Loomis said he believes the 105 pages of reforms are a response to high-profile incidents that have happened nationwide, rather than to incidents that have happened in Cleveland, including the 2012 police chase that saw 13 officers fire at two unarmed people 137 times, the police shooting death of 12-year-old Tamir Rice and the death of a mentally ill woman after officers forced her to the ground.
"This is a political agenda," he said. "This has nothing to do with the actions of the men and women of the Cleveland police department."
A Justice Department report released in December said that officers misused Tasers, routinely struck citizens in the head with the butt of their guns, shot at fleeing suspects, beat citizens prone in handcuffs and were inadequately trained to handle people with mental illnesses.
The outspoken Loomis said a Justice Department investigation last year overstates how often officers use force. Officers arrested more than 31,000 people last year and used force approximately 400 times, he said.
Loomis also rejected the portion of the agreement that discusses bias-free policing, saying Cleveland officers approach their work without bias. He also argued that arrest statistics could be skewed for officers who work in neighborhoods that are predominantly black or Hispanic.
Despite his criticisms, Loomis said he respects the work city officials such as Mayor Frank Jackson and police Chief Calvin Williams, community leaders and citizens put into the consent decree. The union will work with city and Justice Department officials to implement some of the reforms, he said.
"We're willing to work and we're willing to talk. I think we've demonstrated that over the past five months," he said. "We've done as much as we can do to communicate with people and be involved in the process."
There are aspects of the decree the union intends to fight. One example is the portion of the consent decree that mandates a system through which citizens can file anonymous complaints against officers. Loomis believes that will increase false complaints.
The union will pursue legal action against anyone who files a false complaint against a police officer, Loomis said.
"I'm not discouraging complaints. I'm discouraging false complaints," Loomis said. "Don't make something up."
The consent decree addresses how allegations of police misconduct should be investigated and reviewed, and calls for a full review of the department's disciplinary matrix. It does not address the arbitration process, which is collectively bargained with the unions.
The city believes the consent decree's call for thorough data collection could make it harder for an arbitrator to overturn discipline levied against an officer, Mayor Frank Jackson said in an interview Monday.
Loomis disagreed and said he believes discipline has been overturned because the punishments were too excessive.
"You have to have just cause to discipline. Right now, the just cause factor is not being adhered to, and that's why we have arbitrations being overturned," he said. "It has nothing to do with data collection. It has everything to do with right and wrong."
The consent decree did not incorporate some of the union's suggestions, such as setting up a system for citizens who want to file compliments about police officers. The union also suggested turning office spaces at community buildings, such as schools, into community policing offices.
The CPPA is in favor of increasing the department's focus on community policing but is concerned taking officers out of patrol cars could affect response time to emergency calls. Loomis suggested paying overtime to officers who are willing to patrol neighborhoods on foot or on bicycles.
The consent decree calls for full reviews of police department staffing and equipment. Loomis called those reviews "window-dressing," and said officials are aware the department is understaffed and needs new equipment.
"I can tell you the numbers right now, we don't need a study," he said. "If we want to get things done, let's just do it."
Loomis said the union intends to cooperate with the city and the Justice Department despite his criticisms, which echo those of unions at departments throughout the country that were placed under federally mandated reform plans. Members of Seattle's police union tried to sue in May of last year to have the city's consent decree thrown out, saying the reforms put officers in danger. A federal judge threw out the lawsuit in October.
The CPPA will also have a seat on the Community Police Commission, a 13-member panel that will meet regularly to review police procedures and make policy recommendations that reflect the needs of citizens. The Cleveland Fraternal Order of Police, which represents supervisors, and the Black Shield Police Association, which represents black officers, will also have seats.
The CPPA is in favor of the Community Police Commission as long as members are responsible, law-abiding citizens, Loomis said.