Committee Report CR-1
The purpose of the meeting was to explore the Cambridge Police Department's practices and policies surrounding minority hires, promotions, and recruitment efforts.
Present at the meeting were Vice Mayor E. Denise Simmons, Chair of the Committee, Councillor Craig Kelley, Councillor Kenneth E. Reeves, Councillor Minka vanBeuzekom, Mayor Henrietta Davis, Robert W. Healy, City Manager, Robert C. Haas, Commissioner, Steve Williams, Superintendent, Christine Elow, Deputy Superintendent, Christina Giacobbe, Chief Administrative Officer, Cambridge Police Department (CPD), Neal Alpert, Assistant to Vice Mayor Simmons, Nancy Schlacter, Assistant to the City Manager, Matt Nelson, Chief of Staff, Mayor's Office, John Clifford, Aide to Councillor Reeves, Kia Benjamin, Executive Assistant to the Police Commissioner and Paula Crane, Administrative Assistant, City Clerk's Office.
Vice Mayor Simmons convened the meeting and explained the purpose. She stated that she had sent a letter to Commissioner Haas on November 5 affirming her support of his work, but also asking what efforts are being done to recruit and promote minorities to the Cambridge Police Department. She then said that she wanted to raise several questions, without the expectation that they would necessarily be answered at this meeting. "We're just beginning the conversation today," she said.
Vice Mayor Simmons stated her confidence in the Cambridge Police Department and its commitment to having a diverse workforce.
Mr. Healy stated that the hiring and promotion process up to rank of Lieutenant is controlled by the Human Resources Division, Civil Service. He noted that the entry level examination is administered by the Commonwealth of Massachusetts. He stated that the last exam that was administered for police and fire had the highest percentage of minorities taking the examination. The next exam will be in the spring of 2013 for the rank of patrol officer. In Cambridge there is residency preference. The requirement under the law is that one must have been a Cambridge resident for one year and a day prior to the date of the examination. He noted that a person can take the examination and move out of Cambridge the next day and still be considered a Cambridge resident. Mr. Healy explained that the background screening process for entry level police officers is rigorous and that excise tax, employment records, and voting records are checked to verify residency.
Mr. Healy presented a chart detailing the current makeup of the Cambridge Police Department and minority status from the rank of Superintendents to patrol officers. (Attachment A). He noted that currently there are 214 patrol officers and that 31% of those officers fall in the minority categories. He noted that within the upper ranks the percentage of minorities is not as high as he would like to see. He explained that the City of Cambridge has no leeway in the promotional process. As it relates to promotions, he noted that the standard process of a Civil Service bypass would be why the person below was absolutely better than the person above for a particular promotion. Mr. Healy stated that the goal is that the Cambridge Police Department reflects the community which it serves. There has been significant success at the patrol level. He noted that time has proven that it is very rare that an individual has not risen to the level of responsibility of Lieutenant to serve on the command staff. The current experience shows that you need the seasoning and experience of a Sergeant in the field and a broader responsibility of a Lieutenant. The Cambridge Police Department command staff consists of eight people with one of color and one woman. He stated that the city is restrained by the state statute. Additionally, he noted that, while there had been a spike of interest in public service following the events of September 11, 2001, those levels have subsided in recent years, and he stated that fewer females are taking the examination. The City has little leeway in respect to the promotional process as it is structured under the Civil Service terms/agreement. Also, the tests are suited more to those who test better and are not necessarily designed to assess how well an officer will perform on the job.
Commissioner Haas stated that he has been frustrated by the selection and promotional process and that he has been trying to change the process for the last couple of years. He stated that 28%-32% of the eligible workforce will take the promotional examination. He affirmed that the last examination had the highest fail rate because the tests are convoluted. And the tests as written do not, in his opinion, necessarily lead to the most qualified individuals. He stated that it is the responsibility of the Cambridge Police Department to teach supervisory skills and to ensure that CPD officers have the necessary skills to aid in the decision-making process. He stated that currently the police department is in a situation where the promotional list is almost exhausted and stated that he is determined to change the process. He then spoke of the residency issue and noted that in the last hiring process it was interesting to see the highest numbers in the veteran and minority categories. He stated that there is a high rate of failure among female candidates taking the Physical Abilities Test (PAT) and that he has great issues with this. He stated that in the occupation of policing, problem solving is a main component. There are a number of issues that deter the city from getting the best candidates. An officer learns by going through rank positions and the city needs to develop staff with on the job training. He affirmed that the majority of rank and file embrace the current promotional process and concept and believe that it is a fair process. Commissioner Haas also noted that he has met with some resistance in his desire to change the promotional exam from the police union, since there is a general comfort with the familiar.
Councillor Reeves questioned Ms. Giacobbe about recruitment. She stated that Cambridge presumes that there is a natural pipeline for this and asked if the city is enticing the best possible candidates. Ms. Giacobbe then gave a brief overview of the many ways in which the CPD is reaching out to the community to heighten interest in law enforcement. She stated that the CPD maintains a great presence at the high school level and noted that there are 10-15 internships annually where the student can see what police work entails. She noted that the Youth Academy is a very successful program, as well. She stated that since there has been some downtime between examinations, the CPD has been working diligently to develop strategies to promote interest in the career of law enforcement. She stated that social media will be undertaken as well as notification to media outlets and an open house will take place in partnership with the Human Resources Division to let residents know about the examination. She stated that the Affirmative Action Office works with recent graduates in the notification of upcoming examinations. She stated that outreach officers visit local establishments , including the mall, barber shops, and the hospitals, to inform prospective applicants of their career options within the CPD. She also said that the CPD hosts an examination preparatory class with 50-60 participants. From these participants, a distribution list is kept in order to keep these interested persons engaged. She noted that engagement with the youth at an early age is paying off because there are many people who request internships. Another new strategy is a recruitment video that will be on cable. She stated that suggestions and ideas for the video are welcome.
Vice Mayor Simmons questioned the baseline requirements to take examination. Ms. Giacobbe stated that a person needs to have a high school diploma or GED and must be 21 years of age. She stated that the Human Resources Division does have rules regarding residency. She noted that it is problematic for students who leave the city to attend college as this affects the residency requirement. Vice Mayor Simmons then asked for clarification regarding the residency status of students who leave the city to attend college. Commissioner Haas stated that if a student leaves the city to attend college, they will lose their residency requirement and special legislation would have to be enacted to change that requirement. He stated that he would like to see legislation that would maintain residency status for ten years for a student who graduated from a Cambridge high school. He stated that this would encourage kids to go after life experiences knowing that they would be welcomed back to their community. Vice Mayor Simmons stated that most students keep Cambridge as their primary address no matter where they go to school and to penalize them is wrong.
Councillor Reeves stated that he was very pleased with the outreach that the CPD is undertaking. He stated that a sociologic trend shows that there is a new group in our midst who have sons and daughters who have gone to college and have been unable to find employment following graduation for an extended period. He lamented that, because of the residency requirements, this is a group of people who are stuck sitting at home, unable to apply for positions in the CPD, even though they may be qualified for the work. Vice Mayor Simmons stated that it is about changing the attitudes of young people as they pursue post-graduate work. She stated that the clergy would be a positive addition to the CPD's outreach efforts, as the local clergy may have knowledge of congregants who are unemployed and potentially suitable candidates for jobs in the CPD. She stated that fraternities and sororities could be an additional source of outreach. Mr. Healy stated that the job requirements of police and fire personnel can be something that makes one pause. He recognized that on the pay scale there are incentives for night and weekend differential pay. He also noted that due to the rotation schedule of police officers, an officer works six weeks before getting a Saturday and Sunday off. He suggested that this kind of schedule may be off-putting for those who might otherwise have considered applying to the CPD.
Councillor Reeves stated that he knows a police officer who has been with CPD less than ten years who earns $170,000 per year. He stated that this is a wonderful opportunity but stated that the mindset of interested candidates does not seem to translate that. Commissioner Haas stated that there has been a decline in people taking the examination. He noted that 134 participants took the last examination. This is an indication that many are not looking to public safety as a career. Vice Mayor Simmons stated that there needs to be an infusion of information into the neighborhoods, kids, families, and guidance counselors to bring attention to this as a viable career option.
Commissioner Haas stated that absent a Bachelor's or Masters you will not make a lot of money in policing. He noted that candidates understand that with a high school and college degree they can make a decent living, but that the CPD must compete for these candidates against other, potentially easier or more lucrative jobs. He stated that Cambridge is sought after in the policing field. He noted that there are 100-150 applicants for transfer from other cities and towns.
Councillor Kelley stated that the city is challenged by demographics outside of its control. He questioned what we can do to successfully attract candidates, particularly qualified minority candidates, that may also be lured into careers with big corporations that are also looking to increase their diversity. He noted that this is not an issue that is exclusive to Cambridge.
Councillor Reeves stated that 30% minorities is a great achievement, and it represents a tremendous improvement in the numbers since he was first elected to the City Council. He noted that within the upper ranks there was a problem that preceded the current Commissioner. He stated that inclusion is key. He stated that he has spoken with minority officers and he feels that when he brings up the promotion issue, they do not seem interested.
Vice Mayor Simmons responded to Councillor Reeves's observation and asked if part of the reason that minority officers he has spoken with seem less interesting in pursuing promotions has something to do with police details and access to overtime opportunities. Mr. Healy responded that patrol officers, sergeants and lieutenants can work details but that command staff cannot. Deputy Superintendent Elow stated that there are patrol officers who make more money than she does. She noted that when she studied for the Sergeant examination, her life was on hold for ten months. She was not doing anything but studying. It is a huge commitment of time, focus and money. She noted that one must have a personal desire to undertake the large volume of studying that takes place. Ms. Giacobbe added that the command staff has taken a larger responsibility in mentoring officers in all areas of the department, and they encourage officers to participate in the promotional examination. She stated that many officers are interested in first line work and they do not want to give that up as they enjoy the interaction that goes hand in hand with patrol work.
Councillor Reeves stated that another challenge is that Cambridge has not attracted a mass of gay, bi, transsexual officers. He stated his wish that Cambridge have more self-identified people who came to Cambridge as openly gay. Cambridge is a place that embraces all. He stated that the Spanish officers have increased. Vice Mayor Simmons added that Asian officers have increased as well. Commissioner Haas stated that the CPD reaches out to a wide array of people, and that the CPD generally does a good job of communicating with the community about the work they are engaged in. Vice Mayor Simmons replied that she respectfully disagreed, pointing out that she has had this conversation with the Commissioner on numerous occasions.
Councillor vanBeuzekom stated that she is happy to hear that there can be proposed legislation regarding the examination and its requirements. Mr. Healy stated that both he and Commissioner Haas have opted to change the promotional test so that the city will be better served. He stated that special legislation relative to the entry level status is important as well. He has given his approval to move forward with the promotional process aspect.
Councillor vanBeuzekom questioned if the Home Rule Legislation would be solely for the purpose of the residency requirement piece. Mr. Healy answered in the affirmative.
Vice Mayor Simmons questioned that if Cambridge were to write a Home Rule Petition, would the majority of the legislature need to adopt this as well. Commissioner Haas answered in the affirmative.
Vice Mayor Simmons stated her intent to submit language for a policy order requesting the City Manager to prepare language for a Home Rule Petition that modifies the residency requirement for Cambridge Police Department applicants.
Councillor vanBeuzekom then asked what the police examination consists of. Mr. Healy stated that it is a general purpose knowledge exam. He stated that it is a test that you can prepare for but that there really is no studying that can be done. Ms. Giacobbe stated that the Human Resources Division does distribute a preparatory booklet. She also noted that the CPD recently graduated 16 new officers, from an original pool of 40 applicants that initiated the process 18 months ago. Commissioner Haas then told the committee that the timeframe for a recruit is eighteen months from the time they apply to the time that they graduate. This time is used for a background investigation, medical exam, psychological testing and physical abilities testing.
Vice Mayor Simmons questioned what can be done to encourage officers to pursue higher ranking positions within the CPD in an effort to have a more balanced and diverse spectrum of employees. Commissioner Haas stated that he wants to remove impediments in terms of test taking. He stated that 20% of eligible officers will take the exam. He stated that if an officer does not score within the top four they would likely not be promoted. Commissioner Haas stated that he wants to remove that impediment. Vice Mayor Simmons questioned if it is within Commissioner Haas's ability to remove that impediment. Commissioner Haas responded that the examination issues need to be addressed. He stated that the city would need to put out an RFP and then find qualified testing agencies which are approved by the Human Resources Division. The examination would then be administered by the HRD and the appeal process would remain within the Human Resources Division. Ms. Giacobbe stated that there have been discussions with the unions and officers letting them know that they are trying to change the exam. This will encourage greater participation. She did note that the majority of the unions have voted down the change in the past, as they have a comfort level with the exam as it is currently written. As a point of information, Ms. Giacobbe noted that the promotional examination takes place every three years.
Vice Mayor Simmons then questioned what other steps the city could take to achieve the goal of diversifying the command staff, beyond going through the long and uncertain process of trying to change the exam. Commissioner Haas stated that a more radical process would be to opt out of the civil service aspect. He stated that the CPD has actively solicited and encouraged officers to take exam yet there is reluctance to participating in this process. He stated that changing the exam is the best way to meet the goal of diversifying the command staff, and he is optimistic that he will, ultimately, be able to have the exam changed. Vice Mayor Simmons offered her support for this initiative. She stated that people in the current system need to know how to succeed as it relates to promotions. As it relates to diversity, she stated that she would like to attract openly gay members to the CPD.
Councillor Kelley then asked about lateral transfers. Commissioner Haas stated that there is a lot of latitude when it comes to choosing a lateral transfer candidate. He stated that Cambridge attracts the cream of the crop in lateral transfers. He noted that he only utilizes the lateral transfer list when there is not a viable list.
Superintendent Williams stated that changing the promotional examination will bring a larger group of people into the process. He noted that the percentage of officers who took the test in past years was approximately 70%. To have the number of officers currently taking the test at 28% is reflective of the test. He stated that understanding what the examination is about and familiarity with the process will put test takers ahead of the curve.