Consent Decrees: A Moving Target
A consent decree, established to ensure civil rights are not violated, often feels like a moving target. Court-ordered performance milestones are often left at the discretion of the court-appointed monitor to interpret. That discretion brings into play a degree of subjectivity that is often impossible to get past.
Case Studies of Prolonged Consent Decrees
In the instance of The New Orleans Police Department, who has been under consent decree for 10 years, “court filing also accused the federal monitors of moving the goalposts on compliance with the decree’s 492 specific provisions, saying, “That subjectivity has added years to the process and exhausted the City’s resources.” iThe tracking and enforcing of 492 variables in and of itself is daunting. The thought of those measures being a moving target, at the discretion of the monitor significantly decreases the likelihood of a timely departure from a consent decree.
In Jackson Mississippi, a jail consent decree has been in place for over 5 years. In 2022, when it went back to court, it was argued by Attorney James Chelson, the decree “is impossibly overbroad” and has “too many gaps” that give monitors too much say in determining whether the jail is in compliance.”ii One particular area that is overbroad, is the idea of substantial compliance. The terms substantial compliance is often used but more often ill defined. When there are no defined metrics that measure substantial compliance or data is not gathered, collated, or presented in a manner that proves substantial compliance, the possibility of an entity with limited resources getting out from under the controls of a consent decree become bleak.
The Impact on Morale and Retention
The ongoing demands of consent decrees can severely impact the morale and retention of staff within affected agencies. This issue is highlighted by the challenges faced in data reporting.
Data reporting, especially when there can be a perception of moving the goalposts, is more than just an annoyance in a department – it can take a severe toll on morale and retention, contributing to the staffing crisis experienced by agencies around the country. To help mitigate the effects of the enhanced data collection and analysis, chiefs and agency leaders must be intentional in their methodology and policies.
By recognizing and addressing these impacts, agencies can better support their staff and improve overall morale and retention during the consent decree process.
Strategies for Effective Compliance
This methodology starts with the generalities of substantial compliance being defined by concrete, measurable goals. From there, a mechanism for collecting the data and acting on the data must be implemented. Without defined metrics and defined data gathering processes, it will continue to be impossible to limit the financial and emotional toll that is brought on by the moving target of consent decrees.
Key Strategies:
- Define Concrete, Measurable Goals: Establish clear and precise metrics for what constitutes substantial compliance.
- Implement Robust Data Collection: Develop a systematic approach to gather, collate, and present data.
- Regular Review and Adjustment: Continually assess the data and adjust strategies as needed to ensure ongoing compliance.
- Stakeholder Engagement: Involve all relevant parties, including staff, in the process to ensure transparency and buy-in.
- Resource Allocation: Ensure adequate resources are allocated to manage the data collection and reporting processes effectively.
By adopting these strategies, agencies can better navigate the complexities of consent decrees and work towards achieving compliance in a more timely and efficient manner.
