Explanation
1. BACKGROUND
This legislation authorizes the Director of the Department of Public Safety to enter into a professional services contract with the John Glenn College of Public Affairs at the Ohio State University (“John Glenn College”) in the amount of up to $250,000.00 for an Independent Operational Review of the City’s Response to the 2020 George Floyd Protest Events in Columbus, OH from May 28, 2020 to July 19, 2020.
The intent of this sponsored research project performed by the John Glenn College is to provide the City of Columbus and the Columbus Division of Police with an independent evaluation of the City’s and police’s handling of the protest events occasioned by the May 25, 2020, death of George Floyd at the hands of a Minneapolis police officer. The focus will be on the protests and associated responses from May 28, 2020 to July 19, 2020. The John Glenn College is to perform an independent assessment that will capture lessons learned from successes and failures in order to improve future response(s) to similar events. The goals of this research project are to:
1) Identify successes and shortcomings of the City's response to protests from May 28, 2020 to July 19,2020.
2) Evaluate whether public safety and first amendment rights were effectively balanced by law enforcement during these protests.
3) Evaluate whether appropriate types/levels of force, and police tactics, were used to manage and/or to disperse crowds/congregations during the protests.
4) Research the evolving nature of public protests, including the use of social media, and, to the extent possible, the environment and underlying reasons for demonstrations.
5) Review the coordination and management of police personnel and resources during the protests.
6) Evaluate if there was a gap between how the police and the larger City government perceived the protests/protestors, and if so, how this perception gap impacted the response to the protests.
7) Recommend any policy/training changes to City and law enforcement leadership to improve future responses to similar events.
2. CONTRACT COMPLIANCE
The Ohio State University John Glenn College of Public Affairs Federal Tax ID# 31-6025986.
3. FISCAL IMPACT
This ordinance authorizes the expenditure of $250,000.00 collectively from the Special Purpose Fund and the Law Enforcement Contraband Seizure Fund. Funding for this contract is available within these funds.
4. EMERGENCY DESIGNATION
Emergency action is requested to expedite this operational review contract in order to assure ability to identify and obtain relevant data and recollections while still fresh and due to the continuing nature of the demonstrations thereby preserving the public health, peace, property, safety, and welfare of the public.
Title
To authorize the Director of the Department of Public Safety to enter into a professional services contract with The John Glenn College of Public Affairs at The Ohio State University for an Independent Operational Review of the City’s Response to 2020 George Floyd Protest Events in Columbus, OH; to authorize a transfer of appropriation within and expenditure of $45,892.26 from the Special Purpose Fund; to authorize the appropriation and expenditure of $204,107.74 from the Law Enforcement Contraband Seizure Fund; and to declare an emergency. ($250,000.00)
Body
WHEREAS, there is a need for the Public Safety Director to enter into a professional services contract with the John Glenn College in the amount of up to $250,000.00 for an Independent Operational Review of the City’s Response to 2020 George Floyd Protest Events in Columbus, OH; and
WHEREAS, the intent of this research project is to provide the Division of Police with an independent review of the City’s handling of the recent protest events and to capture lessons learned from the successes and failures in order to improve future response to similar events; and
WHEREAS, in the interest of conducting an objective and independent review, the City Attorney’s office will act as contract administrator on behalf of the Department of Public Safety; and
WHEREAS, it is necessary to appropriate, transfer, and expend funds from the Special Purpose Fund, and the Law Enforcement Contraband Seizure Fund; and
WHEREAS, the use of Law Enforcement Contraband Seizure Funds is permissible in that this all-encompassing operations review will focus primarily on the City’s use of law enforcement personnel, practices, and resources in response to the 2020 George Floyd Protest Events in Columbus, OH and will offer recommendations for enhanced law enforcement services in the future; and
WHEREAS, this contract is awarded pursuant to provisions relating to non-profit services of City Code Chapter 329 as the need for a wholly independent researcher prohibits the use of city employees to perform this service; and
WHEREAS, an emergency exists in the usual daily operation of Department of Public Safety in that it is immediately necessary to authorize the Director to enter into contract with the John Glenn College in order to perform an Independent Operational Review of the City’s Response to the 2020 George Floyd Protest Events in Columbus, OH, so as to assure the ability to identify and obtain relevant data and recollections while still fresh and due to the continuing nature of the demonstrations, thereby preserving the public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Safety be, and hereby is, authorized to enter into a professional services contract with the John Glenn College of Public Affairs at the Ohio State University to be administered by the City Attorney’s office on behalf of the Director to assure independence, in the amount of up to $250,000.00 for an Independent Operational Review of the City’s Response to 2020 George Floyd Protest Events in Columbus, OH.
SECTION 2. That a transfer of appropriation within the Special Purpose Fund, Fund No. 2223, Subfund 222324 is hereby authorized, per the accounting codes in the attachment to this ordinance.
SECTION 3. That from the unappropriated monies in the Fund known as the Law Enforcement Contraband Seizure Fund, Fund No. 2219, Subfund 221902 and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2020, the sum of $204,107.74 is appropriated to the Department of Public Safety Director’s Office, Dept/Div No. 30/3001, per the accounting codes in the attachment to this ordinance.
SECTION 4. That the expenditure of $45,892.26, or so much thereof as may be needed pursuant to the action authorized in SECTION 1, is hereby authorized in the Special Purpose Fund 2223, Subfund 222324, in Object Class 03 - Contractual Services, per the accounting codes in the attachment to this ordinance.
SECTION 5. That the expenditure of $204,107.74, or so much thereof as may be needed pursuant to the action authorized in SECTION 1, is hereby authorized in the Law Enforcement Contraband Seizure Fund, Fund No. 2219, Subfund 221902, in Object Class 03 - Contractual Services, per the accounting codes in the attachment to this ordinance.
SECTION 6. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 7. That the monies appropriated in the foregoing Sections shall be paid upon the order of the Director of the Department of Public Safety, and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications.
SECTION 9. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.