6-FINAL Community Commitment Signed.pdf

INTRODUCTION

The safety and trust of our community are the foundation of a strong and thriving

Louisville. In partnership with our residents, law enforcement officers, and local leaders, we are committed to ensuring that our city’s public safety practices reflect our shared values of accountability, fairness, and respect.

THE INVESTIGATION

In April 2021, the United States Department of Justice (DOJ) initiated an investigation into Louisville Metro and the Louisville Metro Police Department (LMPD).

Following its investigation, the DOJ released a Findings Report on March 8, 2022, outlining several areas it alleged a pattern-or-practice of unlawful or unconstitutional policing or public safety practices existed. Mayor Greenberg and the DOJ signed an

Agreement in Principle to negotiate toward a settlement to resolve potential litigation.

Following those lengthy, detailed negotiations with the DOJ, Louisville Metro Government announced December 12, 2024, it had reached an agreement with the DOJ called a

Consent Decree, a court-ordered and independently-monitored settlement, to resolve the litigation and to implement a series of reforms including updated policies, training, data analysis, and oversight.

A COMMITMENT TO LOUISVILLE

Recently, the DOJ has moved to dismiss its lawsuit and the court-ordered version of the Consent Decree. While the court case is reaching its conclusion, our commitment to these critical reforms has not wavered. We are moving forward with the implementation of these measures voluntarily—through this Community Commitment: Louisville’s

Consent Decree. This document outlines a clear and transparent framework to continue reform, addressing concerns raised by our community and setting a path toward meaningful change. It represents more than just a policy initiative; it is an assurance to the people of Louisville that we will continue taking decisive action to enhance public safety, rebuild trust, and ensure that policing in Louisville is constitutional, just, and effective.

This effort is not just about compliance; it is about transformation. It is about ensuring that every member of our community—regardless of their background—feels safe, valued, and respected. It also means ensuring that our dedicated law enforcement professionals have the guidance, training, and resources necessary to protect the community they serve. Police officers have difficult jobs, as do others involved in public safety, like 911 dispatchers and call-takers. LMPD officers and other Metro employees involved in public safety often work under difficult circumstances, risking their safety and well-being for the public good. This Agreement includes support for officers and Metro employees, including through enhanced policies, training, supervision, and accountability systems.

To build trust and accountability with its citizens, this Agreement establishes clear accountability measures, enhances officer and supervisory training, and strengthens oversight—both internally through our Audit and Internal Affairs systems, and externally through an Independent Monitor and a new Community Safety Commission. It is a roadmap for how we continue moving forward together, building a Louisville where everyone feels supported and protected.

A CULTURE OF TRANSFORMATION AND IMPROVEMENT

Louisville Metro and LMPD did not wait for the DOJ’s investigation or negotiations to tackle these challenges– and we are not going to stop now. LMPD has already implemented more than 260 policies to enhance accountability, transparency, and effectiveness in policing. Other key reforms initiated prior to the litigation include:

a. The creation of LMPD’s Accountability and Improvement Bureau, which includes LMPD’s:

i. Compliance Unit;

ii. Performance Division;

iii. Performance Review Board;

iv. Specialized unit dedicated to reviewing use of force investigations;

v. Non-sworn, professional staff in training, curriculum development, wellness, and audits;

b. The creation of command and executive staff positions to oversee structural improvements; and

c. Facilities improvements including new headquarters construction and the

Summit Wellness Center.

This culture of innovation and collaboration also led to the establishment and expansion of Louisville Metro Government’s Deflection Program. This alternative response program connects individuals experiencing behavioral health emergencies to trained

Crisis Triage Workers embedded within Louisville Metro’s 911 Center and, when appropriate, dispatches trained professionals to assist residents in crisis, rather than dispatching LMPD officers. While the pilot program initially began in one LMPD Patrol

Division with limited afternoon and evening hours, Louisville Metro rapidly expanded the program to now cover all eight Patrol Divisions and small cities in Jefferson County 24 hours a day, seven days a week. To date, the program has enabled hundreds of Louisville residents to receive crisis management services from trained behavioral health responders.

In 2020, Louisville Metro Council established the Civilian Review & Accountability

Board and Office of the Inspector General to strengthen the accountability system at

LMPD by providing objective and independent civilian-led oversight, and that their ability to fulfill their mission is important to enhancing LMPD’s legitimacy and promoting constitutional and effective policing in Louisville.

ONWARD, TOGETHER

These reforms will continue and will serve as cornerstones to this Agreement. We invite all community members, Louisville Metro and LMPD employees, Metro Council

Members, and other stakeholders to continue engaging with us in this process. Your continued input and partnership is invaluable as we work to make Louisville a national model for trust, transparency, and community-centered public safety.

Mayor Craig Greenberg, Chief Paul L. Humphrey, Louisville/Jefferson County Louisville Metro Police Department

TABLE OF CONTENTS

I. IMPLEMENTATION AND RESOLUTION 11

A. Implementation 11

1. Staffing and Resources to Facilitate Implementation and Compliance 12

2. Implementation Plan 13

B. Independent Monitor 16

1. Fees and Costs 18

2. Compliance Assessments 19

3. Compliance Assessments Conducted by the Monitor 21

4. Monitoring Protocols 22

5. Recommendations 23

6. Comprehensive Reassessment 24

7. Semiannual Progress Reports 25

8. Dispute Resolution Protocol 26

9. Communications with Louisville Metro, LMPD, and the Public 27

10. Testimony, Records, and Conflicts of Interest 28

C. Data Maintenance, Access, and Confidentiality 29 D. Agreement Modifications 32 E. Self-Reporting and Transition 33

1. Self-Reporting 34

2. Transition Planning 34

II. AGENCY MANAGEMENT AND SUPERVISION 36

A. Policies 36 B. Training Generally 39 C. Field Training Program 41 D. Supervisor Responsibilities and Training 42 E. Body-Worn Cameras 44 F. Early Intervention 45 G. Performance Evaluations and Promotions 46

1. Performance Evaluations 46

2. Promotions, Awards and Commendations 47

H. Performance Review Board (PRB) 47 I. Audits and Data Analytics 49

1. Performance Audits 49

2. Data Analytics 51

J. Staffing, Resources, Equipment, and Facilities 51 K. Key Objectives 53

III. COMMUNITY-BASED PUBLIC SAFETY 55

A. Safe Louisville Plan 55 B. Outreach Team 56 C. Community Policing 57 D. Data Collection and Analysis 59 E. Community Surveys 59 F. Key Objectives 60

IV. USE OF FORCE 61

A. Use of Force Principles 61 B. General Use of Force Policy Requirements 62 C. Weapon-Specific Policy Requirements 66

1. Conducted Electrical Weapons (CEWs) 67

2. Impact Weapons 69

3. Oleoresin Capsicum Spray (OC Spray) 69

4. Canines 71

5. Firearms 74

D. Training 75 E. Use of Force Reporting, Investigation, and Review 77

1. General Requirements Applicable to All Uses of Reportable Force 77

2. Level 1 Uses of Reportable Force 79

3. Level 2 Use of Reportable Force 81

4. Level 3 Uses of Reportable Force 85

5. Level 4 Uses of Reportable Force 90

F. Data Collection and Analysis 96 G. Key Objectives 98

V. RESIDENTIAL SEARCH WARRANT APPLICATIONS 99

A. Policy Requirements for Residential Search Warrant Applications 99 B. Data Collection and Analysis 102 C. Training 104

D. Key Objectives 105

VI. RESIDENTIAL SEARCH WARRANT EXECUTIONS 107

A. Planning Residential Search Warrant Executions 107 B. Executing Residential Search Warrants 110 C. After-Action Review of Residential Search Warrant Executions 111 D. Data Collection and Analysis 112 E. Training 113 F. Key Objectives 113

VII. PROTESTS AND DEMONSTRATIONS 115

A. Permitting Public Assemblies 115 B. Protecting Public Protests and Demonstrations 116 C. Training 118 D. Data Collection and Analysis 119 E. Mass Demonstration Plan 120 F. Key Objectives 120

VIII. FAIR AND IMPARTIAL ENFORCEMENT 121

A. Enforcement Requirements and Priorities 121 B. Training 122 C. Data Collection and Analysis 124 D. Key Objectives 125

IX. STREET ENFORCEMENT 126

A. Voluntary Interactions 126 B. Stops and Weapons Pat-Downs 126 C. Searches 128 D. Citations and Arrests 130 E. Prohibiting Retaliation for First Amendment Activity and Protecting the Right to Observe and Record Officers 130 F. Training 131 G. Supervision 132 H. Data Collection and Analysis 134 I. Key Objectives 136

X. INDIVIDUALS WITH BEHAVIORAL HEALTH DISABILITIES 138

A. Behavioral Health Response and Related Services Coordination 138

B. Behavioral Health Emergency Response 141 C. Dispatching Appropriate Response 145 D. LMPD Training and Crisis Intervention 147 E. Data Collection and Analysis 150 F. Key Objectives 153

XI. SEXUAL MISCONDUCT, SEXUAL ASSAULT, AND DOMESTIC VIOLENCE 154

A. Reports and Investigations of Sexual Assault and Domestic Violence Not involving LMPD Members 154

1. Reports and Investigations of Sexual Assault not involving LMPD Members 154

2. Sexual Assault Response Advisory Board 155

3. Reports and Investigations of Domestic Violence not involving LMPD Members157

4. Supervision 158

B. Reports and Investigations of Sexual Misconduct, Sexual Assault, and Domestic Violence involving LMPD Members 159 C. Training 160 D. Data Collection and Analysis 162 E. Key Objectives 163

XII. MISCONDUCT INVESTIGATIONS AND DISCIPLINE 165

A. General Requirements 165 B. Complaint Intake and Processing, and Communication with Complainants 168

1. Complaint Types 169

2. Complaint Intake 169

3. Processing of Complaints 174

4. Communication with Complainants 175

C. Misconduct Investigations 177

1. Staffing and Training 177

2. Administrative Investigations 179

3. Criminal Investigations 185

4. Misconduct Investigations by Outside Entities 189

D. Final Disposition and Discipline 189 E. Civilian Review and Accountability Board and Inspector General 191 F. Community-Centered Mediation of Misconduct Complaints 194 G. Data Collection and Analysis 195

H. Key Objectives 197

XIII. OFFICER AND EMPLOYEE ASSISTANCE AND SUPPORT 198

A. Reporting 199 B. Key Objectives 199

XIV. RECRUITMENT AND HIRING 200

A. Reporting 201 B. Key Objectives 201

XV. DEFINITIONS 203

I. IMPLEMENTATION AND RESOLUTION

1. This Community Commitment: Louisville’s Consent Decree (hereafter “the

Agreement”) requires Louisville Metro and LMPD to establish policies, training, and systems of accountability to provide the people of Louisville lawful and effective public safety and emergency response services, to remedy the alleged patterns or practices of unconstitutional or unlawful conduct alleged by the United States following its investigation, and to verify that these patterns or practices have been remedied by reliable data and audit tools as specified in this Agreement.

2. Louisville Metro and LMPD will implement every policy, procedure, plan, training, system, and other item required by this Agreement.

3. Louisville Metro and LMPD agree to collect and maintain all data and records necessary to document implementation of this Agreement’s requirements and allow LMPD and other Louisville Metro entities to perform ongoing quality assurance in each of the areas addressed by this Agreement.

A. Implementation

4. This Agreement will become effective on the date of signing by the Mayor and Chief of Police.

5. Louisville Metro and LMPD will require compliance with this Agreement by their respective officials, officers, employees, or agents.

6. Louisville Metro is responsible for allocating to relevant Louisville Metro agencies necessary and reasonable resources to fulfill the obligations of this

Agreement. To the extent that Louisville Metro engages private entities to satisfy any requirements of this Agreement, Louisville Metro will establish sufficient monitoring and enforcement mechanisms to ensure sufficient capacity to meet the

Agreement’s requirements and to ensure compliance with the Agreement.

Louisville Metro will seek Metro Council approval of any appropriations required to comply with this paragraph.

7. Nothing in this Agreement is intended to be used by third parties to create liability by or against Louisville Metro or any of its entities, officials, officers, agents, or employees under any federal, state, or municipal law, including 42 U.S.C. § 1983.

This Agreement (including any assessments and reports the Agreement requires to be produced) is not intended to confer any right on any third-person or entity seeking relief against Louisville Metro, LMPD, MetroSafe, or any officer or employee thereof, for their conduct. This Agreement (including the assessments and reports produced by the Monitor pursuant to the Agreement) will not be construed or used as an admission or evidence of liability by or against Louisville Metro under any federal, state, or municipal law including 42 U.S.C. § 1983.

8. No person or entity is or is intended to be a third-party beneficiary of this

Agreement for the purposes of any civil, criminal, or administrative action.

Accordingly, no person or entity may assert any claim or right as a beneficiary or protected class under this Agreement.

1. Staffing and Resources to Facilitate Implementation and Compliance

9. Louisville Metro agrees to hire and retain or reassign current Louisville

Metro and LMPD employees with necessary skills and abilities, at the discretion of the Mayor, Chief of Police, or their designees, to serve as the inter-disciplinary staff charged with facilitating implementation of and compliance with this Agreement.

10. Louisville Metro and LMPD will designate a member of this inter-disciplinary staff to serve as a liaison between the Monitor, the Community

Safety Commission, and coordinator of Louisville Metro and LMPD’s implementation of and compliance with this Agreement. At a minimum, the coordinator and inter-disciplinary staff will: coordinate development of the

Implementation Plan described below; facilitate the provision to the Monitor of data, documents, materials, and access to Louisville Metro and LMPD’s personnel, as required by this Agreement; ensure that all data, documents and records are maintained as required in this Agreement; ensure that LMPD has processes and personnel in place to regularly assess LMPD’s information technology needs and make any improvements necessary to enable compliance with LMPD policy and this Agreement; and assist in assigning implementation and compliance-related tasks to LMPD personnel, as directed by the Chief of Police or their designee.

11. The coordinator and inter-disciplinary staff, in consultation with the Chief of Police or their designee, will ensure that LMPD Command Staff and the

Performance Review Board remain engaged in the work of implementing this

Agreement, including providing input and support to the coordinator and inter-disciplinary staff as needed.

12. Louisville Metro and LMPD will review and audit its data to ensure that it is valid and reliable. Pursuant to Section XV.C, the Monitor will evaluate and validate these audits and data.

13. Louisville Metro and LMPD will conduct audits and analysis to assess the extent to which they have implemented the requirements of this Agreement, including Performance Audits conducted using the Key Objectives defined at the end of each Section. The methodologies for these audits and analyses are identified in an Appendix and will serve as a basis for the Louisville Metro’s Performance

Audits.

2. Implementation Plan

14. Within two months of the date that the Monitor assumes their duties, Louisville Metro and LMPD, in consultation with the Monitor, will develop an

Implementation Plan to cover the ensuing 12-month period. This plan will:

a. Provide an overview for how Louisville Metro and LMPD intend to reach

Substantial Compliance with the Agreement as soon as possible but no later than five years after its adoption. This overview will include a specific schedule and deadlines for the upcoming year and a general schedule for successive years;

b. Set forth a process for Louisville Metro and LMPD to obtain review from the

Monitor, as required by this Agreement, including: reasonable deadlines; a period for consultation and collaboration with the Monitor; a mechanism for extending deadlines when agreed to by Louisville Metro/LMPD and the

Monitor; and provisions describing the consequences for failing to meet the deadlines, including but not limited to notifying the Community Safety

Commission and public of missed deadlines;

c. Identify any Performance Audits related to the requirements of this

Agreement to be performed by Louisville Metro and LMPD during the year;

d. Identify any Review to be performed by the Monitor during the year, and the extent to which each review will begin with Louisville Metro and

LMPD’s own audits and include an evaluation or validation of those audits;

and

e. Specify any documents that must be preserved pursuant to the

Agreement beyond the requirements of applicable retention policies.

15. Louisville Metro and LMPD will submit each proposed draft

Implementation Plan to the Monitor for review and the parties shall thereafter work in good faith to finalize such Implementation Plan by mutual agreement. The

Monitor will have four weeks to either approve or propose changes to the Plan as it relates to any tasks to be performed by the Monitor. Prior to approval, Louisville

Metro and the Monitor will hold at least one meeting to discuss the Plan. Louisville

Metro and LMPD will have 14 days to accept or object to any proposed changes and provide the Monitor with a proposed final version of the Plan. The Monitor will have

14 days to either approve or object to the Plan. Within five days of approval of the

Plan by the Monitor, Louisville Metro or LMPD will file a copy of the Plan and notice of its approval with the Community Safety Commission. If, after good faith attempts, the parties cannot agree to a final plan, they will expeditiously schedule a mediation according to the Dispute Resolution protocol outlined in Paragraph 50.

16. To promote flexibility in implementing the Agreement, Louisville Metro and LMPD may change a provision in the Implementation Plan at any time, so long as the Monitor agrees to the change, which agreement shall not be unreasonably withheld, and Louisville Metro or LMPD files a written notice of the change to the

Community Safety Commission within five days of the agreement. The notice will include the reasons for the change, when the change was made, and a statement that the Louisville Metro and the Monitor agree with the change.

17. As long as the Independent Monitor’s appointment remains in effect, Louisville Metro and LMPD will revise and update the Implementation Plan pursuant to the process described above. No later than 60 days prior to the end of each 12-month Implementation Plan period, Louisville Metro and LMPD will submit a proposed Plan for the ensuing 12-month period to the Monitor.

18. Louisville Metro and LMPD agree to work collaboratively on all Policies, procedures, protocols, and trainings related to this Agreement, and the

Implementation Plan will include timeframes and deadlines that ensure there is sufficient time to collaboratively work on these materials. After this collaboration period, Louisville Metro and LMPD agree to formally submit all new Policies, procedures, protocols, and trainings required by this Agreement, or revisions to such existing materials, to the Monitor for review prior to final publication and implementation. Along with such materials, Louisville Metro and LMPD will submit any comments they have received from personnel or the public. The

Implementation Plan will identify the deadline for the Monitor to complete their review of the new or revised Policy, procedure, protocol, and training. If, upon formal submission, the Monitor raises concerns based on inconsistency with requirements of the Agreement, Louisville Metro and the Monitor will have 14 days to meet to resolve the concerns. If the parties are unable to resolve the concerns, they will seek mediation through the Dispute Resolution protocol outlined in Paragraph 50 and the Policy, procedure, protocol, or training will be held in abeyance until the mediation. If the Monitor does not respond within the deadline established in the

Implementation Plan, Louisville Metro and LMPD may implement the Policy, procedure, protocol, and training within one month of it being provided to the

Monitor.

B. Independent Monitor

19. Louisville Metro will select an Independent Monitor to assess and report on

Louisville Metro’s and LMPD’s progress toward implementing the requirements of this Agreement to resolve the alleged patterns or practices of constitutional and legal violations, including the status of implementation and to provide recommendations to achieve compliance. The “Monitor Team” will include such persons or entities with sufficient expertise to fulfill the functions set forth in this

Agreement, including expertise in the law, policing, civil rights, data analysis and auditing, project management, behavioral health, and emergency dispatch. The

Monitor Team will also have competence in writing about complex matters in simple language intended for a general audience, soliciting and obtaining meaningful community participation from varied stakeholder interests, and a demonstrated willingness to engage with the diverse communities of Louisville.

20. The Monitor will have only the duties, responsibilities, and authority conferred by this Agreement. The Monitor may not create additional requirements for Louisville Metro and LMPD beyond those established by this Agreement. The

Monitor will not, and is not intended to, replace or assume the role or duties of

Louisville Metro, LMPD, their members, or employees.

21. The Monitor will be appointed and serve under the provisions of a contract with Louisville Metro for a term of one year, renewable annually in accordance with the terms of the contract for no more than five years or until Louisville Metro assumes Self-Reporting for the Agreement, whichever happens first. No less than

30 days before the expiration of each one-year term, Louisville Metro will provide notice to the Monitor as to whether its contract will be renewed for an additional year or allowed to expire. Louisville Metro’s determination whether to renew the contract will be based on an evaluation of the Monitor’s overall performance and demonstrated ability to fulfill its duties within the budget cap set in Paragraph 24 for the previous year, including whether the Monitor is conducting timely and fair assessments of compliance and implementation; adequately engaging the community; completing its work in a cost-effective manner, on time and on budget;

and working effectively with Louisville Metro and LMPD to timely implement the requirements of this Agreement to address, in the manner specified by this

Agreement, the alleged patterns or practices of constitutional and legal violations this Agreement seeks to remedy. Prior to providing notice of non-renewal to the

Monitor based on the determination set forth in this paragraph, Louisville Metro will consult with the Community Safety Commission concerning Louisville Metro’s determination and, thereafter, provide a written statement of the reason(s) for non-renewal. Notwithstanding the foregoing, Louisville Metro may remove the

Monitor for cause, as defined in the contract, at any time.

22. If any key Monitor Team members, as designated jointly by Louisville Metro and the Monitor, resign, are removed, or are replaced, Louisville Metro may terminate the appointment and seek a replacement Monitor to be appointed.

23. If the Monitor is no longer able to perform its functions, resigns, is removed, or is not extended, within 60 days thereof, Louisville Metro will select a replacement Monitor whose contract will be presented to the Metro Council for approval.

1. Fees and Costs

24. Once the Monitor is appointed, Louisville Metro will pay the Monitor a maximum of $750,000 per year for the initial one-year term of the monitorship for fees and expenses associated with performing all of the Monitor’s duties as identified within this Agreement, subject to the provisions of this subsection and the contract. Louisville Metro recognizes the importance of ensuring that monitoring fees and costs are reasonable. Accordingly, fees and costs will be a factor to consider in encouraging the Monitor to reduce costs and promote efficiency by, for example, decreasing fees as provisions of this Agreement become subject to self-reporting.

25. The Monitor will submit a proposed budget annually to Louisville Metro for approval, including an accounting of the previous year’s actual budget. Louisville

Metro may review the proposed budget to ensure it meets the Monitor’s duties under the Agreement in a timely, reasonable, and cost-effective manner. Any objection to the proposed budget will be shared with the Monitor within 14 days, and if any dispute arises regarding the proposed budget or payment of the

Monitor’s fees and costs, Louisville Metro and the Monitor will attempt to resolve such dispute cooperatively. Louisville Metro will provide the Monitor with office space and reasonable office support such as office furniture, telephones, internet access, secure document storage, and photocopying as needed for on-site visits.

Louisville Metro will not be responsible for paying for non-working travel time.

26. The Monitor may, at any time after its initial selection and designation of the Monitor Team, request to add internal or external persons or entities that are reasonably necessary to perform the monitoring tasks in this Agreement, or to replace any persons who leave the Monitor Team. The Monitor will notify Louisville

Metro in writing of its request. The notice will include the qualifications of the person or entity to be added and the monitoring task to be performed or supported. Louisville Metro will have 14 days to respond to the Monitor’s request. If

Louisville Metro agrees to the request, the Monitor may add such additional persons or entities. Any fees or costs incurred through any addition to the Monitor Team will count toward the Monitor’s annual budget cap. Any person or entity hired or otherwise retained as part of the Monitor Team will be subject to the provisions of this Agreement and the contract.

27. The Monitor will submit monthly statements to Louisville Metro, detailing all expenses the Monitor incurred during the prior month. The Monitor will post its monthly statements to the Monitor’s public website.

28. Louisville Metro will review such statements for accuracy and reasonableness. Louisville Metro will have 14 days to approve the Monitor’s monthly statements. If Louisville Metro objects to a monthly statement, the Monitor and

Louisville Metro will attempt to resolve such disputes cooperatively. Louisville Metro will remit timely payment of all approved statements received from the Monitor.

2. Compliance Assessments

29. Louisville Metro and LMPD’s progress toward compliance with each designated Principal Section of this Agreement will be determined through

Compliance Assessments. Compliance Assessments will consist of a Policy Review, a

Training Review, an Audit Review, a Data Review, and a Reporting Review. The

Implementation Plan will specifically identify the Compliance Assessments that the

Monitor, Louisville Metro and LMPD will conduct each 12-month period this

Agreement remains in effect.

30. Compliance Assessments must be conducted in a reliable manner based on accepted and trustworthy means and methods. Any statistical analyses used as part of a Compliance Assessment must conform to statistical techniques that are accepted in the relevant field. In conducting a Compliance Assessment, the Monitor will consider the conclusions of Louisville Metro and LMPD’s own audits and may rely on such conclusions if the Monitor validates their accuracy and reliability using accepted and trustworthy means and methods.

31. A “Policy Review” is an assessment by the Monitor of whether Louisville

Metro and LMPD have incorporated into policy the relevant requirements of a section of the Agreement. In conducting a Policy Review, the Monitor will evaluate whether policies incorporate the terms of a Section of this Agreement and comply with applicable law. In doing so, the Monitor will evaluate whether policies are accurate, clearly written in plain language, and presented in a consistent, easy-to-follow format.

32. A “Training Review” is an assessment by the Monitor of whether curricula reflect the relevant requirements of a Section of the Agreement and whether

Louisville Metro and LMPD have trained relevant personnel on those requirements.

In conducting a Training Review, the Monitor will evaluate, for each relevant training, (1) whether the curriculum accurately incorporates the terms of the

Agreement; (2) the training delivery, including the adherence to the approved curricula, the qualification of instructors, and the use of adult-learning principles and scenario-based training; and (3) whether participants gained the necessary knowledge and information as indicated by a post-training testing component.

33. An “Audit Review” is an assessment of whether Louisville Metro and LMPD is conducting high-quality Performance Audits that accurately, consistently, and regularly assess that personnel act in accord with the requirements of a Principal

Section of this Agreement. In conducting an Audit Review, the Monitor will, for each

Performance Audit, evaluate and validate (1) the methodology used and (2) the results of said audit. Louisville Metro and LMPD’s Performance Audits will assess performance based on the “Key Objectives” identified in each section. “Key

Objectives” are specific, measurable, and achievable goals identified for each section of the Agreement. Louisville Metro and LMPD agree that establishing appropriate methodologies for audits based on the “Key Objectives” is necessary to demonstrate compliance with the terms set forth in this Agreement and will include the audit methodology in the Implementation Plan for each Performance

Audit planned.

34. A “Data Review” is an assessment of whether Louisville Metro and LMPD is demonstrating a proficiency and the capacity to collect and analyze reliable data accurately in accord with the requirements of a Section of this Agreement. This assessment will evaluate if Louisville Metro and LMPD are using accepted methodologies for data collection and analysis and validate the data and analysis produced. This assessment will also evaluate if Louisville Metro and LMPD is reporting data in the format and at the frequency agreed in this Agreement.

35. A “Reporting Review” is an assessment of whether Louisville Metro and

LMPD is compiling, producing, and publishing any reports required in a Section of this Agreement. For each Reporting Review, the Monitor will evaluate if the report contains the information required in the relevant requirements of the section of the

Agreement, if the report is published in the format and at the frequency as required, and if the report is written in clear, accessible language for the general public.

3. Compliance Assessments Conducted by the Monitor

36. Compliance Assessments will be conducted by the Independent Monitor for Principal Sections II, IV-X, and XII until Louisville Metro and LMPD demonstrate

Substantial Compliance, as defined by Section I.E, and assume Self-Reporting for that Principal Section.

37. The Monitor will conduct Compliance Assessments in an efficient and timely manner. Compliance Assessments may require no more than basic document review to assess compliance for various requirements or may require more in-depth analysis. The Monitor should use relevant and reliable data already collected and maintained by Louisville Metro and LMPD, to the extent practicable, before requesting separate data. If Louisville Metro and LMPD do not already collect such data, the Monitor may rely on data collected by the Monitor, provided that the

Monitor has determined, and Louisville Metro agrees, that this information is reasonably reliable, reasonably accessible, complete, and cost-effective to obtain.

Compliance Assessments will be conducted to the extent practicable even if

Louisville Metro and LMPD do not have the fully functioning electronic data systems required by this Agreement.

38. With Louisville Metro’s agreement, the Monitor may make reasonable changes to a methodology during the course of a Compliance Assessment.

39. The Monitor will identify a process for sharing with Louisville Metro and the

Community Safety Commission the results of each Compliance Assessment it conducts, including the underlying analysis, data, methods, and sources of information relied upon and a detailed explanation of any conclusions.

4. Monitoring Protocols

40. Within two months of assuming duties as Monitor, the Monitor, in conjunction with the Louisville Metro, will develop Monitoring Protocols that:

a. Delineate the roles and responsibilities of the Monitor Team members, including identifying a Deputy Monitor with authority to act in the

Monitor’s absence, identifying lead members with primary authority for monitoring each section of this Agreement with the goal of moving

Louisville Metro and LMPD toward Substantial Compliance as efficiently as possible, and specifying whether they or any Monitor Team member

(besides the Monitor and Deputy Monitor) has authority to act on behalf of the Monitor;

b. Describe a protocol for communication, engagement, and problem-solving with Louisville Metro and LMPD; and

c. Describe a protocol for communication, engagement, and problem-solving with the public, and for receiving public input, which will include at least one quarterly in-person meeting in different areas of

Louisville, in addition to scheduled meetings of the Community Safety

Commission.

41. The Monitor will submit proposed Monitoring Protocols to Louisville Metro for review and approval. Louisville Metro will have four weeks to either approve or propose changes to the Protocols. Prior to approval, Louisville Metro will hold at least one in-person meeting with the Monitor to discuss the Protocols. The Monitor will have 14 days to accept or object to those changes and provide Louisville Metro with a final version of the Protocols. Louisville Metro will have 14 days to either approve the Protocols or, if the Monitor objects to a proposed change, seek mediation to resolve the dispute as established in Paragraph 50. Within five days of approval of the Protocols by Louisville Metro, the Monitor will file a copy of the

Protocols and notice of their approval with the Community Safety Commission and publish a copy of the Protocols on the Monitor’s public website.

42. Louisville Metro and the Monitor will adhere to the Monitoring Protocols as long as this Agreement remains in effect. Either Louisville Metro or the Monitor may change a provision in the Monitoring Protocols at any time, so long as Louisville

Metro and the Monitor all agree to the change and the Monitor files a written notice of the change to the Community Safety Commission within five days.

5. Recommendations

43. The Monitor may make recommendations to Louisville Metro and LMPD regarding measures necessary to ensure timely Substantial Compliance with this

Agreement. For example, the Monitor may recommend additional training in any area related to this Agreement; seeking technical assistance; or changing, modifying, or amending a provision of the Agreement. Any such recommendation to change, modify, or amend a provision of the Agreement must be in writing and must comply with the requirements to modify the Agreement as described in

Paragraph 67.

44. Louisville Metro and LMPD’s acceptance of recommendations and technical assistance from the Monitor will be voluntary. Its compliance with this

Agreement will be based on the terms of the Agreement itself and not whether it adheres to the Monitor’s recommendations or technical assistance.

6. Comprehensive Reassessment

45. Two-and-a-half years (30 months) after the Monitor’s appointment, the

Monitor will conduct a Comprehensive Reassessment to determine whether and to what extent Louisville Metro and LMPD have achieved compliance and implementation with this Agreement, and to identify any modifications to the

Agreement that are necessary for achieving compliance in light of changed circumstances or unanticipated impact (or lack of impact) of a requirement. This

Reassessment will also address areas of greatest achievement and the requirements that have contributed to this success, as well as areas of greatest concern, including recommendations for accelerating Substantial Compliance, if needed.

46. The Monitor will prepare a written report with its Comprehensive

Reassessment findings and file the report with the Community Safety Commission no later than 33 months after the Monitor’s appointment. At least one month prior to filing the Comprehensive Reassessment report, the Monitor will provide Louisville

Metro and LMPD with a draft report for review and comment. Louisville Metro and

LMPD will have two weeks from receiving the draft report to provide comments and objections. The Monitor will have two weeks to revise the report as it deems appropriate. The Monitor will file the final Comprehensive Reassessment report with the Community Safety Commission. The Monitor will post the report on the

Monitor’s website. Based upon this Comprehensive Reassessment, the Monitor will also recommend any modifications to the Agreement that are necessary to achieve the Agreement’s purposes. These recommendations will be filed with the

Community Safety Commission and posted on the Monitor’s website when the

Comprehensive Reassessment is filed. Where Louisville Metro and LMPD agree with the Monitor’s recommendations, the parties will republish the amended

Agreement with the Community Safety Commission. The Community Safety

Commission may, at its discretion, invite public comment regarding suggested modifications. This provision in no way diminishes the parties’ ability to modify this

Agreement, as set out in Paragraph 67. Nothing in this Agreement will empower the Monitor to unilaterally modify the Agreement’s terms.

47. The Monitor will conduct Comprehensive Reassessments every subsequent two years until Louisville Metro and LMPD assume full responsibility for

Self-Reporting, or the Monitor’s appointment ends, whichever comes first.

7. Semiannual Progress Reports

48. The Monitor will file with the Community Safety Commission and post to the Monitor’s website semiannual written reports covering each reporting period that will include:

a. The progress made by Louisville Metro and LMPD under the

Implementation Plan, as well as an overall assessment of Louisville Metro and LMPD’s progress to date in complying with the Agreement’s terms;

b. The specific findings of each Compliance Assessment conducted, redacted as necessary for privacy concerns and legal compliance and the methodology used;

c. A projection of the work to be completed during the upcoming reporting period and any anticipated challenges or concerns related to implementing the Agreement;

d. The Monitor’s recommendations regarding necessary steps to achieve

Substantial Compliance with the Agreement; and

e. A visual report card listing each Principal Section of the Agreement to be evaluated in a Compliance Assessment, the required Policy, Training, Audit, Data, and Reporting Reviews, and stating whether the requirement is “In

Compliance,” “In Progress,” or “Not Started.”

49. The Monitor will provide Louisville Metro and LMPD with a copy of semiannual reports in draft form at least four weeks prior to Community Safety

Commission filing and public release. Louisville Metro and LMPD will have 14 days to provide comments on a draft semiannual report. The Monitor will have 14 days to consider and make any revisions based on Louisville Metro and LMPD’s comments.

The Monitor will post the final reports to its website. The Monitor will also establish an electronic mechanism for receiving public feedback on the reports.

8. Dispute Resolution Protocol

50. Unless stated otherwise in this Agreement with respect to disputes over particular issues, if either Louisville Metro or the Independent Monitor disagrees with any aspect of the implementation of the Agreement, that party will make a good faith attempt to resolve the dispute informally. If the parties are unable to resolve the dispute within 10 days of the apparent impasse, that party may inform the other parties in writing of the dispute. Within 5 days thereafter, the parties will meet and confer on the dispute at a mutually agreed time and, at their option, may retain a neutral, mutually acceptable mediator to assist in resolving the dispute. The mediation shall be held expeditiously, and no later than 14 days after the parties have met and conferred regarding the dispute.

9. Communications with Louisville Metro, LMPD, and the Public

51. The Monitor will maintain regular contact with Louisville Metro and LMPD to ensure effective and timely communication regarding the implementation of and compliance with this Agreement. To facilitate this communication, the Monitor will hold regular calls and meetings with Louisville Metro and LMPD on a schedule agreed to by Louisville Metro, LMPD, and the Monitor.

52. The Monitor will meet interested community stakeholders in an efficient manner on a regular basis, by means that reach a broad range of community members, to discuss Louisville Metro and LMPD’s progress under the Agreement; to explain the Monitor’s reports; to inform the public about the Agreement implementation process; and to hear community questions, concerns, suggestions regarding implementation, and perspectives regarding police interactions. The

Monitor will designate a member of the team as a community liaison, who will serve as a point of contact for community members.

53. The Monitor will designate a member of the team as an officer liaison, who will serve as a point of contact for officers, including any union or other association that represents LMPD officers. LMPD officers may report Misconduct, including retaliation, to the Monitor. The Monitor will accept anonymous reports. The Monitor will not investigate officers’ reports of Misconduct, but will convey information regarding the complaint to SID, PSD, or OIG, as appropriate, without revealing the officer’s identity if anonymity has been requested. If requested by the Monitor, LMPD will provide the Monitor updates regarding the status of the investigation of the complaint, provided the updates will not compromise an ongoing investigation.

54. The Monitor Team will use available means, including modern tools of communication such as social media, to ensure that it obtains feedback from and communicates with a broad range of people in Louisville, including impacted communities, law enforcement, and victims of official Misconduct.

55. Except as required or authorized by the terms of this Agreement or by the authorization of Louisville Metro and LMPD, the Monitor will not make any public statements with regard to any act or omission of Louisville Metro and LMPD or their agents, representatives, or employees; or disclose non-public information provided to the Monitor pursuant to the Agreement.

10.Testimony, Records, and Conflicts of Interest

56. Monitor Team members will not voluntarily testify or produce documents related to the Monitorship in any other litigation or proceeding with regard to any policy or practice; act or omission of Louisville Metro, LMPD, or any of their current or former officials, officers, agents, or employees related to this Agreement; or any matter or subject that the Monitor Team members received knowledge of as a result of this Agreement. All notes, reports, analysis, databases, recordings, or other documents produced, received, or maintained by the Monitor Team members, as well as all information gathered in the course of producing said items is information that is possessed by Monitor Team members as a result of the Agreement. Monitor

Team members will not disclose this information to any individual who is not a party to this Agreement, including without limitation, any person who seeks this information through the discovery process in other judicial or administrative proceedings. The Independent Monitor will timely notify Louisville Metro and LMPD if any Monitor Team member receives a subpoena in any other litigation or proceeding for testimony or documents related to this Agreement so that Louisville

Metro may move to quash the subpoena. This Paragraph does not apply to any proceeding before the Community Safety Commission related to performance of contracts or subcontracts for monitoring this Agreement.

57. Unless such conflict is waived by Louisville Metro in writing, Monitor Team members will not accept employment or provide consulting services that would present a conflict of interest with the Monitor’s responsibilities under this

Agreement, including future retention (on a paid or unpaid basis) by any current or future private litigant or claimant, or such litigant’s or claimant’s attorney, in connection with a claim or suit against Louisville Metro, LMPD, or their current or former officials, officers, agents, or employees. The Monitor Team members will not enter into any contract with, nor enter a relationship with anyone who has a contract with, Louisville Metro or LMPD, unless the Monitor Team member first discloses the potential contract or relationship to Louisville Metro and LMPD and

Louisville Metro and LMPD agree in writing to waive any conflict.

58. Absent a written waiver from Louisville Metro, Monitor Team members will not be permitted to represent or work for any individual or organization in any criminal, civil, or administrative matter adverse to Louisville Metro or LMPD, including any individual or organization designated as a witness, consultant, victim, defendant, subject, target, or person of interest, for the duration of the monitorship.

59. The Monitor is an independent, private entity, and not a state or local agency, or an agent thereof, and accordingly the records maintained by the Monitor will not be deemed public records subject to public inspection under state or local law. Records otherwise subject to public inspection under state or local law will not be shielded from disclosure because they were provided to the Monitor. Monitor

Team members will not be liable for any claim, lawsuit, or demand arising out of and substantively related to their performance pursuant to this Agreement brought by non-parties to this Agreement.

C. Data Maintenance, Access, and Confidentiality

60. As specified in this Agreement, Louisville Metro and LMPD will collect and maintain all data and records identified to document implementation and assess compliance. These data and records include Body-Worn Camera footage;

documentation of uses of force, search warrant applications and executions, Stops, Searches, Arrests, Citations, training records, Sexual Assault and Domestic Violence investigations, Complaints and Internal Misconduct Reports, Complaint investigations; and other documentation identified by this Agreement or the

Implementation Plan. To the extent that these data and records are routinely purged according to a document retention schedule, Louisville Metro and LMPD will notify the Monitor of the schedule for all relevant data and records. The Monitor, Louisville Metro, and LMPD will develop a protocol for maintaining the data and records that balances the burden of maintaining the data and records on LMPD with the need to maintain the data and records to adequately assess compliance and enforce this Agreement.

61. Louisville Metro and LMPD will provide the Monitor with timely access to

Louisville Metro and LMPD staff and facilities for the purpose of making observations and gathering information that the Monitor reasonably deems necessary to carry out their duties under this Agreement. The Monitor will cooperate with LMPD to access people and facilities in a reasonable manner that minimizes interference with daily operations, including by providing at least one week’s prior notice whenever possible. LMPD will not be required to direct an officer, sergeant, or lieutenant to speak with the Monitor against that Member’s wishes.

62. Louisville Metro and LMPD will provide designated members of the

Monitor Team with access to all documents and data that the Monitor reasonably deems necessary to carry out their duties under this Agreement. As permitted by law, Louisville Metro and LMPD will provide designated member(s) of the Monitor

Team with direct, read-only access to the Evidence.com, IAPro, Mark43, I/Leads, NICE, DIMS, eWarrants, and KYOps systems used by LMPD to maintain such documents and data, and to any successor information technology systems that may be used to maintain such documents and data in the future.