On November 14, 2014, the City, APD and Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA). The settlement was the result of an 18-month long investigation that found APD had engaged in an pattern of “excessive use of force” and “deadly force”, and found a “culture of aggression” existed within the APD. The settlement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Audit reports (IMRs) on the reforms. Over 9 years, 17 audit reports have been filed.
Under the terms of the CASA, once APD achieves a 95% compliance rate in 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. APD was to have come into compliance within 4 years and the case was to be dismissed in 2018, but because of delay tactics from APD and the Police Union, the case has dragged on for 5 more years.
On May 10, 2023 the 17th audit report was filed and reported APD’s compliance levels were as follows:
Primary Compliance 100%
Secondary Compliance 100%
Operational Compliance 92%
Now after almost 9 full years of federal court oversight, the settlement has produced results. Reforms achieved under the settlement can be identified as follows:
1. New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
2. All sworn police officers have received crisis management intervention training.
3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
9. The Repeat Offenders Project, known as ROP, has been abolished.
10. Civilian Police Oversight Agency has been created and funded and is in the process of being fully staffed.
11. The Community Policing Counsels (CPCs) have been created in all area commands.
12. The Mental Health Advisory Committee has been implemented.
13. The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow standard operating procedures.
14. Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
15. APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
15. APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
16. The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
APD has fulfilled the spirit and intent of the settlement. The city can argue “full and effective compliance” with all material requirements of the CASA and with its continuing improvement in constitutional policing as demonstrated by the agreement’s outcome measures reported in the 17th Federal Monitor’s Report. The two years of 95% compliance should be deemed as accomplished given the fact that the settlement has now gone on for over 5 years than what was originally agreed to.
The work of the Federal Monitor can be declared a success and the case closed within the next 6 months by year’s end. The city should negotiate a stipulated dismissal of the case with DOJ by the end of the year or alternatively move to immediately to dismiss the case under the termination and suspension provisions of the CASA and force the issue with an evidentiary hearing.
Pete Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service including as an assistant attorney general, assistant district attorney prosecuting violent crimes, city of Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice. Dinelli publishes a blog covering politics in New Mexico: www.PeteDinelli.com.
