A new federal monitoring report released Monday (Oct. 5) warns that the New Orleans Police Department is entering a crucial third year of its federal consent decree. It says the force's commitment to complying with the 492-point court order must not waver.
"This third year is a critical one for NOPD," lead monitor Jonathan Aronie's team reported to U.S. District Judge Susie Morgan. "The department needs to focus its energy like never before and accelerate its progress."
The report, covering the first two quarters of 2015, gave the department high marks for its professional handling of the man suspected of killing officer Daryle Holloway in June, and for its launch last month of a crisis intervention team aimed at defusing volatile situations involving mentally ill people. But the monitors, appointed in August 2013, also said the Police Department "still has a long road ahead of it" after police and city leadership squandered much of the first year stubbornly resisting many ordered reforms.
"Unfortunately, the time spent during the first year of the consent decree arguing with NOPD and the city over the need for a consent decree ... and wading through a culture of 'Well, that's how we do it here,' delayed change and NOPD's accomplishments," the report said.
The report indicated that while the pace of reform continues in many areas to be slower than desired, momentum has built significantly since former Superintendent Ronal Serpas abruptly retired in August 2014. His successor is former 7th District commander Michael Harrison.
"Over the course of the last year or so, the monitoring team has noticed a palpable transformation in the attitude of NOPD management toward change, the consent decree and the work of the monitoring team," the report said. "Rather than pushing back at every turn, most within NOPD with whom we deal seem to have embraced change, reform and improvement. NOPD leadership now seems genuinely committed to reform."
While the report does not criticize Serpas nor praise Harrison by name, the implication is clear. "While we continue to run into disagreements from time to time, and while we remain not fully satisfied with the pace of change," the monitors wrote, "we rarely are given cause anymore to question the department's commitment to achieving full and sustained compliance with all elements of the consent decree."
The monitoring team includes lawyers from the Washington-based Sheppard Mullin law firm, one former federal civil rights prosecutor, two criminology and criminal justice professors and four current or former police chiefs from across the country. They serve as Morgan's eyes and ears, with what is supposed to be unfettered access to police records, facilities and personnel.
Consent decree monitors David Douglass, left, and Jonathan Aronie discuss the NOPD's efforts to come into compliance with the federal court order to reform methods, policies and practices at a public meeting in this January 2015 file photo. The latest report says that, despite positive trends over the past year, the team has not been universally impressed with police personnel. "One area where NOPD still has room for improvement is the professionalism of some of its officers," the report said. "To be clear, most of the officers and supervisors we come across are professional, helpful and committed to the community they serve. But there remains a small subset whose attitude is unbecoming of a modern police department.
"We recognize no large organization ever will rid itself of all unprofessional personnel, but NOPD must continue to work hard to reduce the impact of those officers upon the department. As one professional psychologist recently put it at a meeting with NOPD leadership, "it is high time for the good kids to take back the school yard."
The monitors said that by improving its efforts at recruiting, hiring, training and supervising, "NOPD can ensure that happens."
The report saluted the department for progress, albeit slow, in drafting new policies and training academy lesson plans that eventually can meet with approval from the U.S. Justice Department and the federal judge. And it expressed optimism that the appointment of Deputy Chief Tim Averill as leader of the police Compliance Bureau will help the department advance the ball in the coming year. It also lauded progress with the Police Department's in-car cameras, its use of body-worn cameras that were not required by the consent decree, and for its recent hiring of civilian mental health professional Cecile Tebo to manage an assistance and support program for its undermanned officers.
But the report chided the department for continuing to lag in several areas:
- Several of the eight police districts still are not providing adequate supervision and record-keeping to demonstrate compliance with the consent decree
- The police academy continues to operate without approved lesson plans and with inconsistent instruction and curriculum.
- It repeated the findings of a recent special report critical of the department's hiring process for new officers, saying the process seems more concerned with screening out poor candidates than with finding the best recruits.
The monitors were especially impressed with police reaction to the June 20 fatal shooting of Holloway, and to the manhunt for and arrest of escaped suspect Travis Boys the next day. The monitors said they shadowed police during the tense two days to ensure no "inappropriate actions" were being taken by upset officers. "We are pleased to report that NOPD comported itself admirably," the monitors wrote.
The monitoring team "was extremely impressed by the speed and thoughtfulness of NOPD's actions," the report said. The team praised commander Christopher Goodly for his roll call remarks to Holloway's 5th District colleagues.
"Goodly emphasized that the killing was committed by one man, not a city, a community or a neighborhood," the report said. "He cautioned his officers to stay vigilant and fight against the natural tendency to blame others for the actions of one. He stressed the importance of protecting the community's rights and the rights of Mr. Boys, once he was captured and arrested. (He) issued these warnings professionally, sincerely and in a manner that got his officers' attention. It was an impressive message on a very sad and emotionally charged day."