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Updated: 9:35 p.m. Tuesday, Jan. 3, 2012 | Posted: 9:34 p.m. Tuesday, Jan. 3, 2012

Complaints against HPD total more than 140 in 4-year period

By Richard Wilson

Staff Writer

HAMILTON — The Hamilton Police Department received more than 140 documented citizens’ complaints from 2006 to 2009, resulting in 27 employees and officers receiving some form of discipline, according to a JournalNews analysis of the department’s annual reports.

In most cases the complaints, which can range from officers being rude to use of excessive force and harassment, were deemed unfounded, not sustained or resulted in an officer or employee being exonerated of any wrongdoing, according to the reports.

From 2006 to 2009, 53.5 complaints were unfounded while 52 were sustained. Sustained means the person’s allegation was supported by sufficient evidence to determine that the incident occurred, and the actions of the officer were improper, according to the city.

The department’s handling of complaints has come under fire recently as leaders in the black community are raising concerns over alleged racial injustices.

Hamilton police Capt. Steve Poulemanos recently defended his department’s relationship with the black community and the way in which complaints against the department are investigated.

“If there’s a problem ... we listen, investigate and take action against the officers regarding complaints,” Poulemanos said. “We take action if the officer is wrong.”

Hamilton citizens can initiate a formal complaint by filling out a form and talking with an officer’s supervisor. Formal complaints are “more involved and detailed” than informal complaints and the complainant will “normally receive a written disposition,” according to the department’s description of the process.

Certain complaints that involve serious allegations of corruption, possible excessive use of force or breach of civil rights are referred to the department’s internal affairs, which consists of officers within the department. After 30 days, an internal affairs investigation should result in a report of an “unbiased description of the circumstances as they actually occurred,” according to HPD’s description of the process.

“The impact of an internal affairs case on the integrity of the department and the morale of its members necessitates a speedy yet thorough resolution to these issues,” according to the department’s description of the process.

The result of an August 2005 complaint about excessive use of force that was determined to be inconclusive led the complainant, Jay Stevison, to file more complaints about how the incident was investigated.

Stevison, who has kept the records from those complaints, said HPD’s complaints process is “an opportunity for the police department to defend the officer involved.”

“There is no objective person who looks at it. The policy just asks for injustice,” he said. “It allows cops to have total confidence that they can do whatever they want. It makes them feel untouchable.”

Two years after the race riots in 2001, the Cincinnati Police Department entered a lengthy, detailed agreement with the U.S. Department of Justice that in part led to the creation of the Citizen Complaint Authority, an independent third party entity that reviews and investigates certain serious complaints.

The CCA operates on a $1 million annual budget and consists of five administrators and investigators who are paid by the city, and a review board that is appointed by the mayor. In 2010, the CCA investigated 83 cases involving 145 allegations, including improper searches, allegations of excessive use of force or other serious claims, according to the CCA annual report. Most of the complaints were deemed unfounded, not sustained or the officer was exonerated of any wrongdoing, according to the report.

After complaints are investigated, the CCA director provides recommendations to the review board, which meets once a month and votes on those recommendations. The city manager then reviews the cases and has the final determination.

The CPD conducts investigations simultaneously into the same complaints, said CCA Administrator Michelle Bonner.

“People know they can come directly to us,” Bonner said. “Since we’ve been in existence, investigations have decreased. I’d like to think that is a result of our existence.”

Contact this reporter at (513) 696-4542 or rwilson@coxohio.com.


How the city defines each term:

--Unfounded – The investigation determined no facts to support the incident complained of actually occurred.

--Sustained – The person’s allegation is supported by sufficient evidence to determine that the incident occurred, and the actions of the officer were improper.

--Not Sustained – where there are insufficient facts to decide whether the alleged misconduct occurred.

--Exonerated – where a preponderance of evidence shows that the alleged conduct did occur but did not violate policies, procedures, or training.

2009

38: Complaints

13: Unfounded

6: Not sustained

19: Sustained

2008

26: Complaints

12: Unfounded

3: Not sustained

8: Sustained

3: Exonerated

2007

23: (Administrative) complaints

8: Unfounded

3: Exonerated

12: Sustained

13: (Operations) complaints - no outcomes available

2006

43: Complaints

20.5: Unfounded

13: Sustained

9.5: Exonerated

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