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City of Cincinnati

Office of Mayor John Cranle~


April 15, 2016

Mayor John

801 Plum Street, Suite 150


Cincinnati, Ohio 45202
Phone (513) 352 3250
Fax
(513)352-5201
Email: John.Cranley@cincinnati oh.gov

Dr. Santa J. Ono


President
University of Cincinnati
P0 Box 210063
Cincinnati, OH 45221
Dear Santa:
I am writing in response to your letter of March 10, 2016 and to raise questions related to reporting in the
todays Enquirer.
As a follow up to this letter, we need a meeting in the very near future that includes you, myself, Interim
UC Police Chief Whalen, UCs General Counsel, (JC Board Chair Rob Richardson, City Manager Black,
Chief Isaac, City Solicitor Boggs Muething. I aw and Public Safety Chairman Christopher Smitherman,
NAACP President Robert Richardson, Sr., Iris Roley, and Al (jerhardstein. Feel free to include others,
but I believe that having these parties meet in the very near future is essential to any further discussion
related to a MOU between Cincinnati and UC. Teninnah Ross in my office will coordinate schedules, but
lets meet in the next two weeks.
In your March 1O~~ letter, you expressed reservations regarding getting the Cincinnati NAACPs
involvement in finalizing the MOU related to allowing UC Campus Police to exercise police powers in
the City of Cincinnati outside of campus.
Like UC, Cincinnati has faced tough times but the Collaborative Agreement, finalized in 2002, has been a
big part of our progress. The Collaborative Agreement is held up as a role model for other cities. At the
time of its passage, civil rights organizations supported the Collaborative Agreement.
Therefore, I believe that building support from the civil rights community for any potential MOU is vital
to the peace and wellbeing of our City. UC is at a similar crossroad that Cincinnati was at in 2002. Given
that the NAACP is the oldest and most recognized civil rights organization in the country whose national
convention will be held in Cincinnati this summer, I believe that the NAACPs approval of any MOU will
be necessary for the City to continue to allow the UC Police Department to police outside of campus. We
should also include other civil rights organizations, such as the Black United Front, which, as you may
know, was a lead plaintiff in the Collaborative Agreement.
The meeting that I am requesting can setup a process by which any future MOl. between the City and UC
can earn support from the civil rights community.

Equal Opportuniq Employer

I am also writing to raise serious questions raised by todays Enquirer article related to the report that UC
Police continue to patrol off-campus in violation of the ordinance forbidding such activities prior to the
completion of a formal MOU approved by City Council. Attached to this letter is a copy of that ordinance
that forbids traffic enforcement outside of campus.
Todays Enquirer article states Since DuBoses death, the university has continued to engage in offcampus patrols minus the aggressive policy on traffic stops. If true, this is a clear violation of city law
and needs to cease immediately.
I know that you are committed to reform. The exposure of former Chief Goodrichs bad policing tactics is
testimony to your willingness to be transparent and to admit to problems as you arejust as committed to
solving them. As you know, I believe that Interim Chief Whalen, Professor Engel, and Mr. Baker are
great hires and will help UC make the needed police reform. We continue to be committed to try to be a
partner for reform with you, but we have to insure that current city laws are followed and that the civil
rights community supports off-campus policing of UC Police before it continues.
I know we will work on this together in good faith and committed to finding common ground.
Sincerely,

4
/

Jo n Cranley
Mayor, City of Cincinnati
CC: Interim UC Police Chief Whalen, UC Board Chair Rob Richardson, City Manager Harry Black,
Cincinnati Police Chief Eliot Isaac, City Solicitor Paula Boggs Muething, Councilman Christopher
Smitherman, NAACP President Robert Richardson, Sr., Iris Roley, Al Gerhardstein
Enclosures: Cincinnati Enquirer, UCPD created no-fly zone DuBose drove through (4-15-16)
City of Cincinnati Ordinance #264-2015

UCPD created no-fly zone DuBose drove through

Page 1 of3

UCPD created no-fly zone DuBose drove through


Kate Murphy and Kevin Grasha, kgrasha06enqnirer.coin

809 a in ED1ApriI 15, 2016

Former University of Cincinnati police Chief Jason Goodrich described his approach to off-campus policing as
creating a no-fly zone according to his officers
He promoted boosting the number of traffic stops, calling it a method of crime displacement theory. He
wanted to make the area around the Uptown campus a place criminals wouldnt want to drive through.
Soon, there would be nearly five times as many traffic stops and citations in neighborhoods around UC
(Photo: Enquirerfile/Carne Cochran)

than before he became chief in November 2014. By last spring, officers were making 14 stops a day.

On July 19, Samuel DuBose was passing through Goodrichs no-fly zone. His life ended at a traffic stop when
UCPD Officer Ray Tensing shot and killed him.
Thats the narrative contained in a review of UCs policing released Thursday by the university, which had hired the consulting firm Exiger to conduct it,
It was clear that Chief Goodrich embraced the aggressive use of such stops as part of his policing philosophy, that he communicated this philosophy in
manifold ways to his officers (supervisors and rank-and-file alike), and that this precipitated the spike in traffic stops leading up to the shooting death of
Samuel DuBose, the review concluded.
It also describes Goodrich and a top lieutenant as untruthful in the wake of DuBoses death about whether they had embraced an aggressive use of offcampus traffic stops.
Goodrich acknowledged during the review that some of his officers might have been racially profiling motorists.
The problem was a lack of oversight and an accountability system, as well as gaps in leadership and management, said Robin Engel, UCs vice president
for safety and reform whose position was elevated after last summers tragedy.
This is a national issue, Engel said. We need to make sure when we have policing strategies, they are reviewed by multiple individuals and a system of
accountability and oversight is put in place. She said President Santa Ono was not available, so she was speaking on behalf of the university about the
Exiger review of UC policing.
DuBoses death galvanized community members and the Black Lives Matter movement locally, spawning both protests and a robust local discussion
about police-community relations in Cincinnati.
Its not a surprise that they had called for stepped up harassing in working-class communities surrounding the university and its also not a surprise that
they lied, said Brian Taylor, one of the organizers of Black Lives Matter Cincinnati.
He said the review doesnt capture the whole picture, however.
The city and UC administration would like to have people believe they found the essence of the problem and this is something of the past, Taylor
said. That escalation doesnt let off the hook the fundamental problem and the reason why someone like Samuel DuBose gets profiled, whether its UC
police or CPD or departments that are part of greater Cincinnati.
Report findings and police leaders responses
Both Goodrich, and former police Major Tim Thornton resigned on Feb. 26, the same date Goodrich had a final interview with Exiger investigators. In that
last talk, the chief was confronted with inconsistencies between his earlier statements to administrators and investigators and subsequent findings by
Exiger following a review of police records and interviews with UC police personnel.
Goodrich told Exiger that day some of his officers were clearly off mission and fishing for stuff in traffic stops.
He ultimately acknowledged that stops were a common theme in his conversations with supervising officers who reported to him, and that it was
probably a fair assessment that he promoted traffic stops as part of a balanced approach to policing, the report states.
When the Exiger team described the almost universal perception within UCPD that the Chief instigated a policy of aggressive off-campus traffic stops,
and that he expected his officers to engage in such stops, Chief Goodrich concluded that he must have failed in communicating his message of
balance that it got lost in translation
The conduct of Goodrich and Thornton had become a separate investigation under the review this winter, after interviews with rank-and-file UCPD
officers and documents couldnt be reconciled with statements from the two top cops.

http://www.cincinnati.com/story/news/20 16/04/1 4/report-ex-uc-police-officials-untruthful/8 3029286/

4/15/2016

UCPD created no-fly zone DuBose drove through

Page 2 of 3

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stops were being made. Yet records reviewed by Exiger showed Goodrich had received daily management reports that included data on the traffic stops.

Thornton also saw reports on officer activity, including traffic stops, but said he never examined the data.
When Engel confronted Goodrich with data that showed notable disparities, especially in some officers, between black and white drivers, Goodrich
suggested that his own officers might be profiling black drivers.
The UCPDs reliance on traffic stops spurred a decision by Goodrich to order two new motorcycles for a dedicated traffic unit. UCPD bought the
motorcycles but abandoned the idea of using them for traffic stops after DuBoses death.
Both Goodrich and Thornton referred to their failure to see problems with the traffic stops as a blind spot, Thornton insisted that Tensing and a clique
of outlier officers were the ones making frequent stops.
It was when UC administrators confronted the police leaders with the discrepancies in information that they elected to resign from their positions, Engel
said.
The former UC police officer at the center of the case, Tensing, is charged with murder in the shooting. Tensings attorney maintains he
was dragged when DuBose tried to drive away. An independent report into the incident found that the car accelerated only after DuBose was shot and his
foot pressed down on the gas pedal.
The university in January agreed to a $5.3 million settlement (/story/news/2016/04/13/iudge-rule-dividing-dubose-settlementJ82977302/) with DuBoses
family.
University: Traffic stops not problem, but approach was
Traffic stops more than tripled after Goodrich was named chief in November 2014, according to the review. During the two months before the July 2015
shooting death of DuBose, UCPD traffic stops hit an all-time high, an average of 412 stops per month compared to 87 per month before Goodrich arrived
the previous autumn.
Traffic stops are not the problem here, Engel said, They can be used in combination with other strategies as a crime prevention effort when they are
not used solely or abused.
The problem at UC last year, she said, was the implementation and lack of oversight. There must be data-driven and evidence-based reviews that are
very specific and targeted to the reduction of a particular crime problem, Engel said.
Thats why UC created two new director-level positions in the Department of Public Safety after the DuBose shooting, she said.
Engel said those directors provide additional oversight with substantive expertise to make sure the department is policing in a manner thats both
effective and equitable.
Were seen as potential criminals
Black Lives Matter member Taylor doesnt believe an increased police presence in the racially mixed neighborhoods surrounding UC prevents crime in a
way thats beneficial to the community.
It never works out in our favor, he said. It opens the door for the type of brutality that happened with Sam DuBose, and were seen as potential
criminals.
He said society is capable of creating better ways to make students feel safe than the so-called policing enforced by UCPD.
The reason off-campus policing patrols expanded was because it was clear the Cincinnati Police Department couldnt provide the proper level of safety
and security for students, faculty, staff and residents by itself, Engel said. Since DuBoses death, the university has continued to engage in off-campus
patrols -- minus the aggressive policy on traffic stops. The neighborhoods are seeing a 10-year low in the number of reported crimes, she said.
The crime prevention efforts are working, Engel said. Right now, UCPD is not engaging in proactive traffic stops, and were still seeing a significant
reduction in crime around campus.
UC now is conducting a national search for Goodrichs successor. UC Director of Public Safety James L. Whalen is serving as the interim chief of UCPD.
Despite her views on the success of the patrols, Engel acknowledged off-campus policing remains an issue for the community that certainly needs to be
addressed.
The trust between a university, its leaders and the heads of its police department is imperative, she said.
But, Engel said, that honest and transparent relationship extends beyond UC to and trust needs to be re-established.

http://www.cincinnati.com/story/news/2O16/O4/1 4/report-ex-uc-police-officials-untruthful/83 029286/

4/15/2016

C
EMERGENCY

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EXPRESSING City Councils support for the City of Cincinnatis ongoing review of its mutual
aid agreements with other local jurisdictions in the area, including the University of Cincinnati,
which administrative review will serve to determine the appropriate scope of such agreements in
terms of reciprocal law enforcement services provided by and to other local jurisdictions: and
further ESTABLISHING that, until the appropriate scope of such agreements along with the
underlying terms of collaboration can be fully developed between the City of Cincinnati and the
University of Cincinnati, traffic enforcement by University of Cincinnati law enforcement
personnel shall be limited to traffic enforcement actions within the campus boundaries of the
University of Cincinnati campus locations within Cincinnati; and further SUPPORTING the
leadership of the University of Cincinnati in its commitment and resolve to partner with the City
of Cincinnati to implement necessary policing reforms and improved training related to
principles established under the Collaborative Agreement for all University of Cincinnati law
enforcement personnel.
WHEREAS, jurisdictions in the State of Ohio have historically participated in mutual aid
agreements related to public safety, based on the understanding that a jurisdiction is often faced
with public safety issues that can best be addressed and resolved with multi-jurisdictional
cooperation, or may be forced to deal with local emergencies which a jurisdiction may be illequipped to address using only its own public safety resources; and
WHEREAS, such mutual aid agreements have been and continue to be an effective tool
in the provision of law enforcement services throughout Ohio and neighboring states, and City
Council is supportive of such collaborative efforts between local jurisdictions and their public
safety forces which serve to enhance the safety and quality of life of the citizens of Cincinnati
and the region; and
WHEREAS, recent events related to the off-campus traffic stop by a University of
Cincinnati police officer and the resulting death of Cincinnati resident have now required the
City of Cincinnati to initiate a thorough and detailed review of its mutual aid agreements with
other local jurisdictions, including the University of Cincinnati, in order to determine the
appropriate scope of such agreements in terms of reciprocal law enforcement services provided
by and to other local jurisdictions; and
WHEREAS, in an analysis of traffic enforcement trends by the University of Cincinnati,
an August 1, 2015, Cincinnati Enquirer article found that the size of the University of Cincinnati
police force has grown from 41 officers to 73 officers within the past year and that the number of
traffic stops by University of Cincinnati police has increased by over 200% since 2012, which

increased emphasis on traffic enforcement has led to a significant rise in the number of
interactions between Cincinnati residents and University of Cincinnati law enforcement
personnel on off-campus locations; and
WHEREAS, the leadership of the University of Cincinnati has expressed its resolve and
commitment to partner with the City of Cincinnati to implement necessary policing reforms and
improved training related to principles established under the Collaborative Agreement for all
University of Cincinnati law enforcement personnel as quickly as possible, and City Council
strongly supports this initiative and commitment by the University; and
WHEREAS, the City of Cincinnatis implementation of the Collaborative Agreement
with its emphasis on a problem-solving method of policing has consistently demonstrated that
public safety problems are dilemmas to be resolved and learned from, and that diverse groups
within the Cincinnati community with different experiences and perspectives share much in
common and can work together on common goals and solve problems together; and
WHEREAS, in order to allow necessary time for such Collaborative-based efforts to fully
develop and become established within the culture of University of Cincinnati law enforcement,
the City of Cincinnati shall take all necessary actions to limit the traffic enforcement jurisdiction
of University of Cincinnati law enforcement personnel to the boundaries of the University of
Cincinnati campus within Cincinnati; now, therefore
BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:
Section 1. That, while the City of Cincinnati reviews its mutual aid agreements with
other local jurisdictions in the area, including the University of Cincinnati, to determine the
appropriate scope of such agreements in terms of reciprocal law enforcement services provided
by and to other local jurisdictions, the City Manager is hereby authorized to take all necessary
actions to restrict and limit the traffic enforcement jurisdiction of University of Cincinnati law
enforcement personnel to the boundaries of the University of Cincinnati campus within
Cincinnati until further written notice from the City of Cincinnati. providing prompt notice to the
University of Cincinnati of such administrative action.
Section 2. That the Mayor and City Council strongly support the leadership of the
University of Cincinnati in its commitment and resolve to partner with the City of Cincinnati to
implement necessary policing reforms and improved training related to principles established
under the Collaborative Agreement for all University of Cincinnati law enforcement personnel.

CSection 3.

That this ordinance shall be an emergency measure necessary for the

preservation of the public peace, health, safety and general welfare and shall, subject to the terms
of Article II, Section 6 of the Charter, be effective immediately. The reason for the emergency is
the immediate need to ensure that the City Manager is fully authorized to ensure adequate public
safety by taking all necessary actions to promptly restrict and limit the traffic enforcement
jurisdiction of University of Cincinnati law enforcement personnel to the boundaries of the
University of Cincinnati campus within Cincinnati.

Passed:

15

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I H~RE8Y CERTIFV ThAT ORDINANCE No.


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