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88. Wayne Tyndall, telephone interview, Nov. 5, 1981.

89. Wilda Stephenson, telephone interview, Nov. 17, 1981.

90. Marvin McClarty, Robert Dacus, James Patterson, interview in Omaha,

Dec. 8, 1981.

91. Mary Jane Harvey, telephone interview, Nov. 13, 1981.

92. Omaha World-Herald, Apr. 3, 1981.

93. Clyde Christian, telephone interview, Nov. 12, 1981; James Hart,

interview in Omaha, Aug. 8, 1981; Robert Broom, interview in Omaha, Sept. 9, 1981; Wilda Stephenson, telephone interview, Nov. 17, 1981; Fred Conley,

interview in Omaha, Dec. 10, 1981.

94. Ruth Jackson, interview in Omaha, Dec. 10, 1981.

95. Ibid.

96. A.B. Hogan, interview in Omaha, May 27, 1981.

97. Omaha Police Manual, Vol. I, Adm. 3-1, December 1980 and A.B. Hogan, interview in Omaha, May 27, 1981.

98. Omaha Police Manual, Vol. I, Adm. 3-1, p. 1, December 1980.

99. Ibid.

100. Mike Boyle, interview in Omaha, Dec. 9, 1981.

101. Omaha Police Manual, Vol. I, Adm. 3-1, p. 1, December 1980. 102. Ibid.

103. Herbert Fitle, interview in Omaha, Dec. 11, 1981.

104. Mike Boyle, interview in Omaha, Dec. 9, 1981. 105. Ruth Jackson, interview in Omaha, Dec. 10, 1981. 106. Bernie Simon, interview in Omaha, Dec. 11, 1981. 107. Omaha City Charter, Art. VI, sec. 6.04(3).

108. Omaha City Charter, Art. VI, sec. 6.04. 109. Omaha City Charter, Art. VI, sec. 6.04(8).

110. John Herdzina, interview in Omaha, Dec. 10, 1981.

111. Ibid.

80

112. A.B. Hogan, interview in Omaha, May 27, 1981.
113. Sam Walker, interview in Omaha, May 27, 1981.
114. Bernie Simon, interview in Omaha, Dec. 11, 1981.
115. Herbert Fitle, interview in Omaha, Dec. 11, 1981.
116. John Herdzina, interview in Omaha, Dec. 10, 1981.
117. Robert Broom, interview in Omaha, Sept. 24, 1981.
118. Ibid.

119. Helen Hiatt, interview in Omaha, Sept. 24, 1981.

120. Robert Broom, interview in Omaha, Sept. 24, 1981.

121. Public Interest Law Center of Omaha, If You Are Abused By A Police Officer, What Can You Do?, nd.

122. 18 U.S.C. sec. 241, 242 (1976).

123. 18 U.S.C. sec. 241 (1976).

124. 18 U.S.C. sec. 242 (1976).

125. Ronald Lahner, interview in Omaha, Dec. 9, 1981.

126. Ibid.

127. Ibid.

128. Herbert Fitle, interview in Omaha, Dec. 11, 1981.

129. Ibid.

FINDINGS AND RECOMMENDATIONS

The following findings and recommendations are submitted under the provisions of Section 703.2(e) of the Commission's regulations, empowering the Advisory Committees to "Initiate and forward advice and recommendations to the Commission upon matters which the State Committees have studied.

The Nebraska Advisory Committee presents the findings and recommendations for consideration by the Commission in its national program planning and for | its consideration in advising the President and Congress on matters within its

jurisdiction.

Finding 1: The Advisory Committee finds that although the city has made some efforts to recruit minorities and women, these efforts have not enabled it to meet the terms of the 1980 consent decree with the Department of Justice and the Midwest Guardians. The responsibility for recruitment now lies entirely with the personnel department, which has insufficient staff to do an adequate job. Further, the Advisory Committee finds that liaison with minority organizations for recruitment purposes has been infrequent, informal and ineffective.

Recommendation 1: The Advisory Committee urges the mayor to direct the city personnel department and police division to develop and implement a joint program to encourage minorities to join the police force. Minority organizations should be consulted for ideas on an effective recruitment program. The personnel department should utilize minority organizations as key elements in the search for minority applicants.

Recommendation la: The chief of police should assign at least one full-time position within the division the responsiblity to actively recruit minority applicants on a one-to-one basis, in cooperation with the personnel department. All officers should be urged to make ad hoc efforts and those who successfully recruit minority or female applicants who begin the examination

process should be rewarded with monetary benefits and/or special commendations

useful in promotional decisions.

Finding 2: The Advisory Committee finds that the 1980 consent decree, mentioned above, has been the source of resentment, misunderstanding and

hostility within the police division and community.

Recommendation 2: The Advisory Committee urges the chief of police to include

in both recruit and inservice training a discussion of the consent decree, including the problems leading to the lawsuit and the provisions of the settlement.

Finding 3: The Advisory Committee finds that of all the selection devices used by the police division, only the physical agility test has been validated for job-relatedness.

Recommendation 3: The Advisory Committee urges the personnel department to validate all portions of the selection process to ensure their relevance to actual job performance.

Finding 4: The Advisory Committee finds that there is little confidence in the fairness and impartiality of the selection process, particularly regarding the polygraph examination and oral interviews. The Advisory Committee notes that these and other aspects of the selection process are being reviewed by the personnel department.

Recommendation 4: The Advisory Committee urges the personnel department to complete its review of the polygraph examination and oral interview as quickly as possible and make its findings public. If either selection device is found to discriminate against women or minorities, it should be amended or eliminated. Consideration should be given to putting civilians on the oral interview panels.

Finding 5: The Advisory Committee notes that training is currently done

entirely by the police division. The lack of sufficient human relations

training, the tests given recruits and the fairness of instructors were criticized by community leaders and some officers.

Recommendation 5: The Advisory Committee urges the public safety department and the department of personnel to cooperate in reviewing curriculum, providing professional civilian instructors for some courses, and developing appropriate and valid tests.

Finding 6: The Advisory Committee finds that recruit and inservice training is seriously lacking in human relations courses although social services make up the bulk of an officer's workload.

Recommendation 6: The Advisory Committee urges that the police division add more human relations courses to its training program. The city's human relations department should be considered as one possible source for instructors and materials. Members of the local minority community also should be considered as resources.

Finding 7: The Advisory Committee finds that although the State has adopted the Model Penal Code which restricts the use of force and the police division has adopted guidelines to implement the statute, police officers still have been involved in incidents that cause great concern to the minority community. Recommendation 7: Training in the use of force, especially deadly force, must emphasize the overriding need to protect the lives and safety of officers, bystanders and suspects. The Advisory Committee urges the police division to include additional training on the use of force in its training program. Inservice training for all officers should be scheduled regularly so as to thoroughly indoctrinate the officers.

Finding 8: The Advisory Committee finds that the police division has not established guidelines for escalation in the use of nondeadly force by an officer or defined the circumstances in which each level of force is to be used.

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