Many Lorain County law enforcement agencies certified in state standards

This story has been updated. Ohio Gov. Mike DeWine has asked, as part of a statewide policing reform package, for Ohio's Collaborative Community-Police Advisory Board to develop minimum standards on police response to mass protests. DeWine made the remarks during a briefing on June 9, during which he also called for the creation of an Office of Law Enforcement Recruitment to encourage racial diversity in policing — all in the wake of mass protests across the nation following the May 25 death of George Floyd at the hands of a Minneapolis police officer. So how does Lorain County law enforcement stack up when it comes to minimum policing standards? The Community-Police Advisory Board was created more than five years ago by DeWine's predecessor, John Kasich, who created the Ohio Task Force on Community-Police Relations in December 2014. Avon police Chief Richard Bosley, who is also vice president of the Lorain County Chiefs Law Enforcement Association, said certification through the collaborative is effective at keeping officers accountable because it requires not only a commitment to certain policies but also proof of that commitment. "What's really good about the collaborative is that when they come up with policies they believe are the best practices for the state, through the process of either becoming certified or maintaining your certification, they are making sure if you are talking the talk you're also walking the walk," Bosley said. For example, the state would want to see evidence that departments were trying to recruit from a diverse population or using force appropriately in actual incidents before granting certifications in those areas, he said. Kasich acted in response to a series of incidents in Ohio and across the nation. The task force's 24 members represented elected government leaders, the Ohio Supreme Court, local law enforcement and prosecutors, community and business leaders. A final report was delivered to Kasich in April 2015 outlining recommendations and minimum state standards for procedure including the use of force and deadly force, employee recruitment and hiring, all aimed at instilling confidence in the public when it comes to policing. Minimum standards have since been developed for community engagement, agency employee recruiting and hiring, use of force and use of deadly force, body-worn cameras, law enforcement communicator training, bias-free policing, investigation of employee misconduct and law enforcement vehicular pursuit. A complete breakdown of the standards can be found at ocjs.ohio.gov/ohiocollaborative/standards.html. Participation was not required for all law enforcement in the state, but 500 agencies with more than 27,000 officers in all 88 counties were represented, according to the task force. Since the collaborative standards were adopted, the Amherst, Avon, Avon Lake, Elyria, Grafton, Lorain, North Ridgeville, Oberlin, Sheffield Lake, Sheffield Village and Vermilion police departments and the Lorain County Sheriff's Office all have signed on. Eleven of Lorain County's 15 law enforcement agencies are listed as being "in any phase of certification" in the collaborative's 2020 report, with an estimated 97 percent of the county's population covered by one of those agencies. The agencies that are currently certified, according to the annual report, are: Amherst Police Department, Groups 1 and 2 certified Avon Lake Police Department, Groups 1 and 2 certified Avon Police Department, Groups 1 and 2 certified, Group 3 in progress Elyria Police Department, Groups 1, 2 and 3 certified Grafton Police Department, Groups 1, 2 and 3 certified Lorain County Sheriff's Office, Groups 1 and 2 certified Lorain Police Department, Groups 1 and 2 certified North Ridgeville Police Department, Group 1 certified Oberlin Police Department, Groups 1 and 2 certified Sheffield Lake Police Department, Groups 1, 2 and 3 certified Sheffield Village Police Department, Groups 1 and 2 certified Lorain County Sheriff Phil Stammitti announced Friday that his office had completed the triennial re-certification process for the Collaborative. Those re-certifications were in use of force, recruitment and hiring (Group 1); a new certification in community engagement (Group 2); and bias-free policing and investigation of employee conduct (Group 3). The sheriff's office also must self-certify annually to remain in 100 percent compliance with the standards, he said. Just 55 of the county's 669 law enforcement officers are employed by an agency that is not in any phase of certification. Not on the list of Lorain County police agencies now part of the collaborative are the Wellington, South Amherst, Kipton and LaGrange police departments. There are reasons a department would not participate. Some cite their own pre-existing policy standards, including for use of force, which can be equally or more strict despite the department not being certified by the Collaborative. Wellington Police Department, for example, regularly reviews its use-of-force policy and applies the Graham Standard, Chief Tim Barfield wrote in an email. The Graham Standard is based on a U.S. Supreme Court case from 1989 called Graham v. Connor, in which the so-called "objective reasonableness" standard was developed. The court decided that all claims that police have used excessive force, whether deadly or not, during an arrest, stop or detention of a person should be analyzed for whether they are objectively reasonable under the Fourth Amendment. Some critics have wondered whether the reasonableness standard shouldn't be improved upon. During a recent Lorain County Bar Association rally for unity in Elyria, Lorain Mayor Jack Bradley — an attorney for 43 years — said he believes the standard for use of deadly force by police in the United States should be changed from "reasonable" to "necessary." Bosley did not want to speak for other departments on why they may opt not to seek accreditation, but he said it's possible some agencies may struggle with the time and personnel resources to track and document the proofs required for accreditation. Certification in the standards is also not the be-all and end-all of effective policing, others say. North Ridgeville police Chief Mike Freeman said writing policies that are in compliance with the Ohio Collaborative's standards are one thing, but "the proof in the pudding" is implementing those policies and holding officers accountable to them. "We preach use of force, when it's appropriate and when it's not appropriate," he said. "My guys are professional and accountable to that. That's where the meat and potatoes of policy comes in." North Ridgeville police are Group 1 certified, meaning the department has been certified to meet standards on force, deadly force, employee recruitment and hiring, but are not certified in the additional standards in Groups 2 or 3. Freeman said people ask him about this occasionally. "It's not the standard that you should be concerned about," he said. "It's how do my officers adhere to the policy that is put out there. And that is what is often overlooked; it's not only having the policy, but adhering to the policy." On the other hand, Freeman said just because a certain department may have the highest possible level of accreditation, that does not always mean they are using their policies effectively. Accreditation can be a "paper tiger," he said. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter. Contact Dylan Reynolds at (440) 329-7123 or dreynolds@chroniclet.com. Follow him on Twitter @drey1357. Reporter Brookie Madison contributed to this story.