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City of Albuquerque


Industry:Police Department
Underlying Misconduct: Civil Rights
Matter Type: DOJ Civil
Relevant Jurisdiction(s): United States District Court for the District of New Mexico
Fine Amount: Not Applicable
Reporting Agencies: Department of Justice
Resolution Form: Settlement Agreement
Agreement Date: October 31, 2014
Monitor Reference Term: Independent Monitor
Monitor Identity: Dr. James R. Ginger
Monitorship Term: 4 Years
Monitor Selection Process:

The City and DOJ shall together select the Monitor. They used an open Request for Information to identify and consider candidates. Monitor must be approved by the Court. If the parties are unable to agree as to the Monitor, each would submit three names or three groups of candidates, along with resumes and cost proposals, to the Court. Court would then select.

Time to Propose Monitors:
Time to Engage Monitor: 2 Months
Time to First Report:
Reporting Frequency: Every 4 Months
Monitor Required Qualifications:

Per Agreement: Individuals "of the highest ethics." Fees and costs were a factor in selection.

Summary of Monitor's Scope:

Assess and report whether the requirements of the Agreement have been implemented, and whether this implementation is resulting in high-level, quality service; officer safety and accountability; effective, constitutional policing; and increased community trust of APD.

Monitor's duties, responsibilities, and authority conferred by the Agreement and is subject to the supervision and orders of the Court, consistent with the Agreement and applicable law.

In order to assess and report on the implementation of the Agreement and whether implementation is resulting in the desired outcomes of the Agreement (see Paragraph 294), the Monitor is to conduct reviews as specified in the Agreement and review APD policies, training curricula, and programs developed and implemented under the Agreement.

The Monitor was given an opportunity to review and recommend any changes to the outcome measures in the Agreement that the Monitor deemed useful in assessing whether implementation is achieving the goals of the Agreement. The Parties would adopt any recommendations agreed with and to. The Court would resolve disputes.

The Monitor is required for the first two years to file quarterly reports. After two years, reports are semi-annual.

Summary of Monitor's Activities:

The Monitor's activities are detailed in XIII. Implementation, Compliance Assessment, and Enforcement (page 87 of the Agreement) and too extensive for simple summary here. It should be noted that the Monitor's scope and activities are associated with a significant number of requirements placed upon APD in other sections of the Agreement.

The Agreement required the Monitor to develop and submit a workplan within three months of appointment.

Monitor's Restrictions:

Unless such conflict is waived by the Parties, the Monitor shall not accept employment or provide consulting services that would present a conflict of interest with the Monitor's responsibilities under the Agreement, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant's or claimant's attorney, in connection with a claim or suite against the City or its departments, officers, agents or employees.

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