Publication Date: Wednesday, April 27, 2005
Commission reluctantly accepts police-review role
Commission reluctantly accepts police-review role
(April 27, 2005) Some wonder if city proposal is just window dressing
by Bill D'Agostino
Even commission members were unsure it was the right move.
"This is almost like the emperor has no clothes, and I'm very uncomfortable with it," Commissioner Eve Agiewich said.
Nevertheless, the Palo Alto Human Relations Commission agreed Thursday to become the city's official police-review board. Of the five members present, only Agiewich voted no, but most sounded reluctant. (Two commissioners were absent.)
Nearly all of the 12 public speakers implored the commission to reject the City Council request and push for stronger, independent oversight. Some called for the police chief to step down. Harold Boyd, a retired Stanford University associate dean, described the proposed review board as a "paper tiger."
"The HRC is too connected to city government," concurred Donna Wallach, one of the leaders of San Jose's Copwatch, a citizen oversight organization. "It would be a conflict of interest."
The commission will have its first crack at this new role next month when it reviews the police department's latest policy regarding video cameras in patrol cars. Watchdogs want cameras to record at all times, a prospect police department officials say would be prohibitively expensive.
In addition to reviewing new policies, commissioners will accompany citizens complaining about officers and give input on the department's "Five-Year Strategic Plan."
During the meeting, City Manager Frank Benest was on the defensive, insisting the city was putting forth a "meaningful response" to public concern about the police department.
Commissioners primarily questioned how the proposal would differ from what they already had been doing. In recent years, the commission met regularly with top police officials and reviewed racial profiling data.
But Benest said such arguments do not reflect "objective reality." The commission never before had a formal role in reviewing new policies or giving input on future plans, he noted. Plus, Benest added, if the commission learned the Police Department was not meeting goals, it could formally complain.
"To the extent that you say 'Police chief, your department did not meet its goals,' and to the extent that you pass that along to the city manager, guess what we're going to do?" he asked. "We're going to say, 'What is our improvement plan to meet that goal?' In my mind, that's pretty powerful."
Commissioners were also concerned they'll have no power to investigate police officers accused of misconduct. But Benest said there were various legal constraints preventing them from having a stronger role -- state law prohibits internal investigations into individual police officers from being made public, and the City Charter gives the city manager the sole responsibility to oversee the police department.
The City Council's proposal, which was approved in February, was mostly prompted by allegations that local police officers have manhandled suspects of color. Two officers were on trial for allegedly beating a black man unjustly in July 2003, but the jury deadlocked this week. The district attorney's office is deciding if it will retry the case.
However, two white women who attended last week's meeting said police officers mistreated their young children. "This is not just a race issue because my daughter is white and she's young and she was harassed," said one of the women, who did not want her name publicized.
Commissions agreed to test the new plan for nine months, but also asked for a backup plan in case the idea failed.
"I think we need to ask the City Council to look at the idea of amending the City Charter, if need be, so that if this doesn't work we're immediately ready to take the next step," commission Chair Jeffrey Blum said.
Despite all the reservations, Commissioner Adam Atito was optimistic.
"Are we going to solve all the problems?" he asked. "We'll try our best."
A version of this story appeared on www.PaloAltoOnline.com Friday.
Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com.
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