Denver city government will now be required to report any nonmonetary requirements that are part of legal settlements with the police and sheriff’s departments to an oversight board to help ensure they carry out the changes.
The requirement, approved by the City Council on Monday, could apply to settlements that include terms where the city agreed to additional training, new policies, community meetings or other requirements. The measure is intended as a way to help track whether the city adheres to those settlements.
“These are intended to be longer-lasting cultural and systemic changes,” said Councilwoman Jamie Torres, who sponsored the legislation, before the council unanimously passed the item as part of a block vote.
Within 30 days after a settlement is reached or it is approved by the council, the city attorney’s office will have to forward the agreement to the Office of the Independent Monitor and the Citizen Oversight Board. The board appoints the independent monitor, who leads an oversight office for the police and sheriff departments.
The new policy comes two years after the Citizen Oversight Board sent an open letter to Mayor Mike Johnston, saying it found the city hadn’t complied with all the terms in several high-profile settlements that also included large monetary awards.
Three major cases for which the city didn’t complete the requirements were:
- The 2015 death in the Denver jail of Michael Marshall, who was suffering a psychotic episode and died after he aspirated on his vomit while being restrained face-down by deputies for more than 10 minutes by deputies.
- The 2011 jail assault case of Jamal Hunter, who was attacked by other prisoners and choked by a deputy he’d filed a grievance against.
- The 2006 city jail death of Emily Rice, who was ignored and didn’t get necessary medical treatment before she bled to death.
The letter detailed several problems in those cases, including not keeping necessary compliance reports, sending irregular or inconsistent reports, not completing a final investigative report and not publishing investigative findings.
Councilwoman Stacie Gilmore also sponsored the ordinance, and Councilwoman Shontel Lewis spoke in support of the new reporting requirements before the vote.
“I think it may allow for better outcomes because it will force the city to not only adhere to the nonmonetary terms of a settlement … but it allows us to track how well we are adhering to those terms,” Lewis said.
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