The mediation of a racial profiling lawsuit filed against Cincinnati could ultimately play a role in implementing the changes to the city's police division recommended this week by the U.S. Department of Justice.

        Though the department's investigation is not yet complete, the report's tone suggests the result may come in the form of recommendations.

        So the questions become: Who will oversee the changes and how will the city ensure they're accomplished?

        The answer may lie in a parallel effort — the mediation of the federal lawsuit filed against the city in March by the American Civil Liberties Union and local black activists. The suit accuses Cincinnati of decades of discrimination against African-Americans.

        Although the mediation case — an unprecedented effort to improve strained po lice-community relations that's drawing national attention — is not directly linked to the Justice Department investigation, it deals with many of the same issues.

        And if a settlement comes in the mediation case, it would lead to federal court oversight of changes in the police division.

        Scott Greenwood, a lawyer involved in the federal mediation and general coun sel for the Ohio chapter of the ACLU, said the tone of the investigation into the “patterns and practices” of the Cincinnati Police Division has been different than in other cities that have weathered similar inquiries.

        In Pittsburgh, it resulted in a consent decree. And in Columbus, the city is still mired in legal battles.

        “Police hated it and the community didn't understand it because they weren't a part of it,” Mr. Greenwood said of Pitts burgh's investigation. “What we're trying to do is avoid some of those mistakes. Cincinnati has the opportunity to do it right.”
       

Mayor sought probe
               Ù The federal lawsuit is separate from the Justice Department investigation, which began after Cincinnati Mayor Charlie Luken called for a look into the police division's “patterns and practices” after the April riots.

        U.S. District Judge Susan Dlott called for mediation of the lawsuit by naming Jay Rothman the court's special master. Mr. Rothman is president of Aria Group, the Yellow Springs-based conflict resolution firm leading the mediation.

        The firm has already surveyed 3,500 citizens about their ideas on how to improve police-community relations. And it has had five feedback sessions at which different groups in the community have further defined those goals.

        The two efforts are already beginning to dovetail.

        “The city of Cincinnati has met with Judge Dlott, Jay Rothman and all of the parties in the collaborative,” said Billy Martin. He is the Washington, D.C., lawyer hired to represent the city in both the Justice Department investigation and the federal racial profiling lawsuit.

        “We're willing to continue to participate in the collaborative and hope it will bring some healing to the city.”

        But it is too early, he said, to speculate how either process will affect the end result.

        In some form, the Justice Department's recommendations will become a part of the proposed settlement — as well as citizen input and examples of the best police programs nationwide — that parties in the lawsuit will debate in December or January.

        “This, in some sense, is the kind of report that a really good police agency would want to have,” said Dr. John Eck, a criminal justice professor at the University of Cincinnati and an consultant for Aria Group. This report establishes a significant part of the agenda. It's something to be adjusted and developed further.”

        Many of the topics in the Justice Department report address the same concerns citizens have voiced in the mediation process. And some of the report's suggested solutions are already being studied by mediation researchers.

        Some similarities include:

        • The use of force policy needs to be revised.

        The first section of the Justice Department's report is on use of force. It details recommended changes in the use of chemical irritants and how and when police should draw their guns.

        Community members seem to want the same kinds of things, though their goals are not always as specific. Residents who participated in the mediation said they wanted to minimize violent confrontation.

        • The division should increase community involvement in the process.

        The report states that while citizens may lack the expertise to provide feedback in some areas, the very act of asking for it increases community acceptance and provides an opportunity for public education.

        In surveys and in group discussions, mediation participants have consistently said they want the police and community to engage in more cooperative activities.

        • That the police division should have better knowledge of other departments nationwide.

        UC's Dr. Eck is researching the best police programs across the country to pair up with citizens' suggestions as part of the mediation process.

        He and others plan to use the Justice Department's recommendations as a starting point to craft the settlement agreement between the two parties. If an agreement is reached, it will be presented to Judge Dlott in February for approval.
       

Community involvement

               Mr. Rothman said the collaborative process is vital because the community needs to feel it has had a say in any changes.

        “Good relations can't be imposed,” he said. “They must be collaboratively sought and promoted.”

        But court oversight gives citizens a sense of reassurance the changes will happen.

        “For those who feel hurt, angry or mistrustful, the court's sponsorship of the collaborative process should help assure them that ... proposed changes will have teeth,” Mr. Rothman said.

        “For those who are concerned about change being imposed from the outside, the collaborative should help assure them that the agenda ... will emerge largely from within.”

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