A consent decree is a civil settlement agreement between two parties to resolve a dispute without an admission of guilt. The city of Aurora and the Colorado Attorney General jointly and voluntarily entered into a mutually beneficial legal agreement known as a consent decree.
The consent decree is intended to promote police integrity within APD and prevent conduct that deprives individuals of their rights, privileges or immunities protected by the U.S. Constitution.
The agreement requires APD to spend up to two years (2022-23) changing its policies, hiring practices and training to meet the requirements of the consent decree, and then up to three years (2024-27) demonstrating compliance through monitoring, measurement and implementation of new policies based on coordination with an Independent Consent Decree Monitor. If Aurora demonstrates substantial compliance in any of the specified areas ahead of the established deadlines, the consent decree could last less than five years.
The consent decree provides the Aurora Police Department (APD), Aurora Fire Rescue (AFR) and Aurora Civil Service Commission (CSC) with the opportunity to allocate resources, review current policies and adopt new ones, and focus training efforts in five key areas.
Also referred to as pillars, the five key areas include:
• Addressing Racial Bias in Policing
• Constitutional Policing
• Chemical Restraints
• Recruitment, Hiring and Promotion
• Accountability and Transparency
The pillars include 77 individual agency mandates, which upon completion will fulfill Aurora's consent decree.
State of Colorado, Office of the Attorney General Phil Weiser
City of Aurora General Management, legal, APD, AFR and CSC
Independent consent decree monitor
Arapahoe County District Court
The cost, services and expenses of the consent decree monitor are the responsibility of the city of Aurora. Associated costs will likely vary from year-to-year depending on the area of focus at the time. The request for proposal states the city will pay the monitor either an annual fixed price based on the scope of work and scope of services, or hourly with an annual not-to-exceed amount.
Total costs are difficult to measure at this time and will largely depend how the city and individual departments elect to move forward in implementing some of the required changes. Additional costs to implement recommendations will be evaluated during the first two years.
Success is measured by the implementation of policy, effective training on improved policy and adherence to policy standards once implemented.
The monitor oversees the implementation of the decree, including engagement and community outreach, issuing public reports to the courts about the city’s compliance with the decree, providing guidance and recommendations for compliance with the decree to the city, AFR, APD and CSC. This includes reviewing and commenting on policies, training and initiatives developed under the decree, and working closely with city leadership and staff.
The attorney general worked with the city to select the consent decree monitor, will participate in any court proceedings that occur under the decree and be a resource to the court, the monitor and Aurora to support the city's commitment to progress.
The majority of Consent Decrees in U.S. cities are led by the Department of Justice. These Consent Decrees are vast in scope, cost cities millions of dollars and can take 10-11 years to complete. For instance, the City of Chicago entered into a Consent Decree in 2017 under the DOJ, and must comply with nearly 800 mandates.
In comparison, Aurora is the first state government-initiated Consent Decree. Under the Attorney General, the Independent Monitor, and District Court, Aurora is able to move toward compliance more swiftly and efficiently under the leadership of local government officials.
The consent decree benefits the community by ensuring the city’s public safety departments have policies, hiring processes and community engagement that are in line with best practices. Every part of the decree is designed to directly benefit our community and increase the city’s ability to provide effective public safety services to Aurora residents. The overarching goal is to protect the dignity of all members of our community and their constitutional rights.
The outcomes of the consent decree will provide best practices and bring valuable resources, technology and training to officers, paramedics and all public safety personnel. These benefits provide a roadmap to success and allow public safety personnel to be confident in their service mission.
The city is committed to bringing community voices into the restorative efforts of public safety in Aurora. For example, the Office of the Independent Consent Decree Monitor convened the Community Advisory Council (CAC), a group of prominent community leaders who are overseeing public safety changes at the city. The CAC has worked to come up with several community-engagement opportunities, including hosting community meetings. The next community meeting is scheduled for October 2024. You can also connect with the monitor. We will continue to work with the monitor to put mechanisms in place for community members to provide input.