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Fresno Needs an Independent Police Auditor
by irlandeso
Thursday May 17th, 2007 5:51 PM
Why do we not have an Independent Police Auditor in place for the city of Fresno?
Recently the Fresno County Grand Jury issued a nine-page report strongly
endorsing an Independent Auditor for the city of Fresno. You may download
it from our website (http://www.cccjc.org)

The mayor and chief of police both favor an IPA. The mayor has introduced
it in his annual budget three times and it is included in his current
budget.

The Fresno Bee has endorsed it many times in, in editorials and columns.

Who is holding things up?

The Fresno City Council has voted against it three times and is prepared
to do so again.

Why?

They immediately approved a PR position for the police department as soon
as it was requested. They also approved the purchase of an airplane for
the department although they already have two helicopters, and few city
police departments in California, or in the U.S. for that matter, own an
airplane. So it is not out of concern for the budget that the IPA is
consistently rejected. The police department receives more than 54% of the
entire city budget. The $188,000 budgeted for an IPA would hardly make a
dent.

The creation of an Independent Police Auditor will establish a police
review mechanism that will increase mutual respect and trust by ensuring
fairness and accountability in dealings between the public and the police.
According to the Grand Jury Report an IPA can accomplish a balance of
three key objectives.

Citizen Satisfaction: citizens can be assured that complaints are
thoroughly investigated and that internal affairs investigations are
conducted impartially and fairly.

Prudent Financial Management: the cost of an auditor is minimal
compared with the potential cost associated with settlements in cases
of excessive force and the potential cost of lawsuits filed by
citizens whose complaints are either unanswered or improperly
investigated.

Police Officers' Support: the auditor would be able to provide
independent confirmation of the professionalism of the police
officers where this has been challenged.

Nationally, establishment of an independent auditor is recommended as a
"best practices" procedure for all law enforcement. Most major cities in
California and in the U.S. have some kind of police oversight system.

National surveys indicate that a substantial number of minority citizens
are suspicious and distrustful of the police. Fresno's minority community
shows the same concerns that the national surveys indicate. And who is the
minority community in Fresno? The so-called minority community comprises
62.7% of our population: 11.2% Asian, 8.4% Black, 39.9% Hispanic, 3.2%
other, 37.3% white.

Delegations consisting of constituents from each district have visited the
council members more than once. They consistently tell us that people in
their district don't know about an IPA and aren't interested in having
one.

That's where you come in! A vote on the budget will be taken by the end of
May, but the final vote will probably come in June. Write letters to The
Bee. Call your council members. Several of them are running for higher
office (Dages, Calhoun, Duncan). Let them know that an IPA is important
for Fresno, and if they can't support it we don't need them in office.
It's down to the wire, so do it today.

It's really up to us. We need to deluge them with phone calls, letters,
and show up when the final vote is taken. It's our last best chance until
we vote in new council members. Then we'll have to start all over again.

Ellie
Central California Criminal Justice Committee
http://www.cccjc.org
559-229-9807
ellieb28 [at] sbcglobal.net

Comments  (Hide Comments)

by @
Thursday May 17th, 2007 10:30 PM
Unless things have changed, the IPA model being endorsed by Bubba and Dyer is the Sacramento model which reports to the Mayor as opposed to the San Jose model which reports to the City Council and hence is more accountable to the people. (Given the fact that their is far greater access to the City Council than the Mayor.) Other major differences are that powers given to the IPA in the San Jose model such as the power to independently investigate police misconduct, make policy changes within the police department, and even challenge the Cheif of Police/Internal Affair's conclusions are absent in the Sacramento IPA model.

"But isn't any IPA better than no IPA at all?" ... this is the counter argument made by many, including the CCCJC (who in fact prefers the San Jose model). While many may agree with this argument, I applaud Council Members like Cynthia Sterling for standing against the past IPA proposals, not because she doesn't want a Sacramento Model IPA but wants a real (i.e. San Jose Model) IPA.

While the possibility to turn a hollow IPA into, someday something stronger may seem like a good tactic ... it seems to be more of a guarantee of decades more struggle while people die at the hands of the Fresno Police Department. Given the local power structure in Fresno, the "get-it-then-make-it-better" tactic is -at overly optomistically best- even odds with beating the lottery. However, does give the Cheif of Police a sheild against criticism which does lead to change. (And to be fair, good job CCCJC and Comite No Nos Vamos on being key in some of those changes like recognizing the Mexican Consular ID.)

It's time to stop trying to straddle both sides of the fence, be brave, fight for whats right, and stop alienating those on the council that want a real IPA not a hollow one.
by Mike Rhodes
Friday May 18th, 2007 7:30 AM
In response to the comment above - It looks to me like the CCCLC is supporting an IPA that reports to the mayor AND the City Council. Below is a petition they just sent out and are circulating.

PETITION TO CREATE AN INDEPENDENT POLICE AUDITOR IN THE CITY OF FRESNO



By signing below, I agree with the findings of the Fresno County
Grand Jury and believe that the City of Fresno needs independent
oversight over the city’s police department. By signing below, I
request that the Fresno City Council should create the Office of the
Independent Police Auditor (IPA).



I further believe that in order for the IPA to be truly independent,
the Fresno City Council should appoint the IPA and that the IPA may
only be terminated by a two-thirds vote of the City Council. The IPA
should report directly to the City Council and the Mayor of Fresno I
understand that the IPA shall monitor the Fresno Police Department
and review internal affairs investigations into citizen complaints to
ensure that the investigation was complete, thorough, objective and
fair. The IPA shall investigate all complaints alleging excessive or
unnecessary force, officer involved shootings, alleged discrimination
and alleged abuse of authority. The IPA shall report to the Mayor and
City Council and make recommendations and findings public.


Name
address zip
code e-mail


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_________________________
CENTRAL CALIFORNIA CRIMINAL JUSTICE COMMITTEE P.O. Box 4555 Fresno,
CA 93744 http://www.cccjc.com
by Robert Norse
Sunday May 20th, 2007 8:22 AM
San Jose has for years had an "Independent" (and largely powerless) Police Auditor.

Even a conservative Grand Jury (whose findings are being ignored) has found that insufficient.
[http://www.sccsuperiorcourt.org/jury/GJreports/2006/RacialProfilingSJPD.pdf]

Santa Cruz had a "stronger" Citizens Police Review Board, appointed by our City Council. It lacked investigative powers, a funded investigator, and a regular procedure for holding open public hearings on complaints. It didn't use the subpoena powers it had. And it was--as such bodies usually are--incestuously and prejudically close to the police department itself.

Santa Cruz City Council (under pressure from the police) abolished the board in 2003 and replaced it with a compliant "auditor" (Bob Arensen of Palo Alto) who gives one annual verbal report and has ignored his obligation to issue a written report. The SCPD has become so corrupt that a scandal erupted last year over its non-investigation of political surveillance [http://www.indybay.org/newsitems/2006/06/27/18283193.php].

Even the stronger Berkeley Police Review lacks independent disciplinary and prosecutorial powers needed to give teeth to such a reviewing body.

And the Copley decision last year in southern California essentially gutted police review boards and auditors who try to make public police misconduct by naming names and holding officers accountable.
[http://www.ci.berkeley.ca.us/commissions/policereview/2006policereview/pdf/102506MB33.pdf]

The struggle to control run-away police departments all over the country is an important one. I'm not trying to dismiss the efforts of groups uniting to reform the FPD by establishing control mechanisms. But it would save a lot of time, grief, and activist energy to consider how such attempts have worked out elsewhere.

Some have concluded that a radical response beyond police review boards, auditors, and grand juries is necessary: the community needs to learn to police itself and "wither away" police departments by looking out for itself through its own organizations. I think this approach is promising. [http://slingshot.tao.ca/displaybi.php?0082001]

Berkeley Copwatch is throwing a seminar later this summer on the subject: http://www.bapd.org/n8417.html.

Good luck, Fresno.


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