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APD hits milestone in police reform compliance effort
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Ten years ago, the U.S. Department of Justice released a scathing report finding the Albuquerque Police Department engaged in a pattern or practice of excessive force that violated the constitutional rights of those shot or harmed by its officers.
The resulting settlement agreement with the DOJ led to an overhaul of APD use of force policies, recruitment, training, internal affairs procedures and field supervision of officers 鈥� a longer-than-expected effort that required the expenditure of millions of dollars and oversight by an outside independent monitor.
And on Monday, the APD announced a historic milestone in achieving full compliance with hundreds of required police reforms, putting the agency on track to police itself again.
APD Chief Harold Medina, who has been charged with ensuring APD compliance over his past three years as chief, said he was proud of the strides made.
鈥淢ost of all, I鈥檇 like to thank the officers who stayed with the Albuquerque Police Department and fought through these changes to make sure that we improved the services that we deliver to the citizens of the city of Albuquerque,鈥� Medina said. 鈥淩eform shall never end for any police department. We should always be evolving to see how we could become a better police department, more in tune with the community, and always changing to meet the needs of an ever-changing society.鈥�
The latest report
The new report covered the period of Aug. 1, 2023, through Jan. 31 of this year.
Significantly, during that time APD experienced a drop of 16% in the more serious uses of force since the last reporting period, which covered the first half of 2023, stated the report by James Ginger, the independent monitor with Public Management Resources Inc.
Such use of force incidents, which caused injuries and even death, fell about 37% since the 12th report released in November 2020.
鈥淲e consider this strong evidence that APD鈥檚 policies, supervisory oversight and disciplinary systems are working as designed,鈥� stated the 115-page report filed Monday in U.S. District Court in Albuquerque.
Mayor Tim Keller inherited the court-approved settlement agreement, known as CASA, after being elected mayor in 2017.
鈥淭he road to get here has not been easy, but we never gave up,鈥� Keller said in a statement on Monday. 鈥淲e believed that real reform was possible. We believed that we could support law enforcement and maintain the highest standards of accountability, and we鈥檝e done both.鈥�
The settlement agreement requires 95% operational compliance by APD. Operational compliance tracks whether officers follow policies and whether they鈥檙e corrected when they don鈥檛. Ginger鈥檚 latest report showed the APD at 96%.
APD, since October 2019, has remained at 100% primary compliance 鈥� meaning all required policies and procedures are in place 鈥� and sits at 100% secondary compliance regarding the training of officers.
The achievement of 96% of operational compliance opens the door for APD to enter a new phase. If that compliance can be sustained for two years, the city will be poised to end the consent decree.
鈥淪ome terms of the settlement agreement that are outside the control of APD, dealing with civilian oversight, have not yet been met,鈥� stated a press release from the APD and city. But Monday鈥檚 report means APD 鈥渃an move toward self-monitoring with all of its remaining sections that have not already been dismissed by the court.鈥�
鈥淭he change in compliance levels does not effectively demonstrate the progress made by APD and the CPOA (Civilian Police Oversight Agency) during this reporting period,鈥� Ginger鈥檚 team said. 鈥淚n this report, APD has demonstrated its commitment to policies, supervisory oversight, and importantly, a disciplinary process that holds officers accountable when necessary.鈥�
Issues found with the civilian oversight include inadequate staffing and late completion of investigations, due to excessive caseloads, the report stated.
鈥淔rom the monitor鈥檚 perspective, CPOA remains in crisis,鈥� the report said.
Reacting to the report, the American Civil Liberties Union of New Mexico on Monday emphasized the need for continued vigilance to safeguard community members鈥� rights and safety.
鈥淭he APD has made notable progress in implementing critical changes; however, it鈥檚 crucial to acknowledge that the journey towards comprehensive reform does not culminate with the conclusion of the CASA,鈥� said a statement from the organization鈥檚 policing policy advocate, Daniel Williams. 鈥淥ur concerns persist regarding the use of lethal force, particularly in cases involving unarmed individuals experiencing mental health crises.鈥�
New Mexico, he said, 鈥渃onsistently has one of the highest per-capita rates of people killed by police in the nation; killing by APD officers represent a significant number of these deaths.鈥�
The ACLU said the APD should continue prioritizing de-escalation tactics and minimizing police interactions, especially with vulnerable populations.
鈥淪uccess should be measured not just by technical compliance but by fostering a culture of accountability and respect for human life,鈥� Williams said.
Longtime critic of the CASA, Shaun Willoughby of the Albuquerque Police Officers Association, said he鈥檚 happy the APD is deemed to be in full compliance, but said, 鈥淚 think that the whole DOJ process is just a blatant fraud and tax money grab. Hopefully, the monitor is packing up and shipping away from Albuquerque and the DOJ is not far behind him.鈥�
Before entering into the settlement agreement with then-Mayor Richard Berry 10 years ago, Department of Justice investigators reviewed 20 fatal shootings by Albuquerque Police between 2009 and 2013 and found that in the majority of cases the level of force used was not justified because the person killed did not present a threat to police officers or the public.
All of the changes recommended as a result were 鈥渄esigned to root out a culture within the department that accepts and even encourages the unconstitutional use of excessive and fatal force,鈥� according to the Department of Justice findings.
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In evaluating the APD and city鈥檚 current response to 鈥渋ndividuals in crisis and people who are unsheltered, we note that APD has met, and in many cases, far exceeded, the requirements of the CASA as it relates to mental health response planning, crisis intervention, training development and delivery, and services delivery,鈥� the report stated.
鈥淲e remain highly concerned about the sheer number of officer-involved shooting of people in crisis or people with mental illness. We appreciate the CIU鈥檚 efforts to continuously review officer behavior in the field and take appropriate corrective actions when necessary. Still, APD leadership and accountability structures must also effectively address these issues.鈥�
