Publish to Newswire
Add an EventFrom the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
THE PEOPLE OF FRESNO DEMAND POLICE ACCOUNTABILITY
The citizens of Fresno are working to bring accountability to the Police Department. This is the draft proposal from the Central California Criminal Justice Committee.
THE PEOPLE OF FRESNO DEMAND POLICE ACCOUNTABILITY
Introduction by Mike Rhodes
Editor of the Community Alliance magazine
http://www.fresnoalliance.com/home
Something is wrong when a young man is shot dead by the police for the (alleged) crime of stealing beer. The Fresno Police shot and seriously injured a motorist who made an illegal turn, killed a woman who was hitting cars with a hatchet, and shot to kill citizens with severe mental disabilities. They often use deadly force when it is not necessary and the subsequent Internal Affairs investigation (almost) never finds that the police are at fault. The endless lawsuits for wrongful death against the City would suggest otherwise. This barbaric system of unmonitored and unchecked police violence against this community is about to come to an end.
In December the mayor of Fresno finally appointed a Blue Ribbon Committee to look into setting up a police auditor system. An Independent Police Auditor is similar to the system they have in San Jose which has dramatically reduced the incidence of police involved shootings in that community. The combination of police education and independent monitoring has reduced police violence San Jose. It can work here too! The Community Alliance magazine is pleased to present the report (below) from the Central California Criminal Justice Committee (CCCJC). CCCJC is the grassroots community group that has been diligently working on this issue and this is the proposal they believe should be implemented. It is imperative that the proposal of the Blue Ribbon Committee is not watered down, that the IPA be totally independent from the Police Department and be given the power to fully investigate complaints and make recommendations.
We encourage our readers to support the Central California Criminal Justice Committee in this effort. Their next meeting will be held Wednesday, January 15 at 6 PM. They meet in the Sarah McCardle Room of the downtown library. For more information call Deb Reyes at (559) 485-7884.
INDEPENDENT AUDITOR and INDEPENDENT REVIEW BOARD
Objective The goal of the auditor working with the review panel is
to insure the integrity of investigation of police misconduct, to enhance the community confidence in the Fresno Police Department, thus reducing judicial and liability expenses
to make public reports
to make policy recommendations to the police department and the public
to insure the thoroughness of internal affairs investigations by having the power, by recommendations and by direct subpoena, to require the presence and consideration of witnesses and documents at specific internal affairs investigations
Independent Auditor
Purpose The Independent Police Auditor (IPA) will have authority to 1) review investigations, 2) conduct investigations and 3) oversee investigations; conducted by the internal affairs unit of the police department in order to maintain the credibility of the investigation process against the Fresno Police Department
The IPA shall meet with the Civilian Review Board each month to go over cases handled and shall report to the mayor or his designee.
Recruitment of the IPA
Auditor to be hired by the Civilian Review Board from applications forwarded through city personnel.
The IPA shall have some knowledge of law enforcement policies and procedures and / or have extensive legal background such as an attorney.
The IPA shall maintain a Fresno residence during his/her term.
Staffing and Funding The Independent Police Auditor will have an assistant auditor who can handle computer analysis and record keeping and can also act as administrator for the Civilian Review Board. Staffing and funding of the Office of the IPA should be in conformance with other similar city departments to insure it meets its duties and obligations as designated. Independence of the Police Auditor
The office shall be totally independent from the police department.
The IPA is objective and neutral. The IPA shall not act as an advocate or a partisan for either the complainant or the police department.
Requests for further recommendations and reports shall reflect the views of the police auditor alone after consultation with the Civilian Review Board.
No person shall attempt to undermine the independence of the auditor in the performance of the duties and responsibilities.
Neither the IPA nor its staff can have a parent, step-parent, spouse, child, step-child, sibling, step-sibling or registered domestic partner as defined by law who is currently employed by the Fresno Police Department. The IPA and all employees and personnel are bound by all state, and local conflict of interest laws and rules and by the City Charter's Nepotism Section, 807.
Confidentiality of the IPA
The IPA shall comply with all state laws requiring the confidentiality of police department records as well as the privacy rights of all individuals involved in the process.
Said information shall not be disclosed to any member of the public, except in accordance with applicable law.
Duties and Responsibilities Investigation Review The office shall:
Audit complaints alleging excessive or unnecessary force by police department officers.
Audit all officer involved shootings; and
Police profiling incidents/complaints.
Serve as a liaison for individuals for all of the residents of the city.
Be granted the authority to subpoena all records including all police files, confidential personnel files, interview records and recordings, and police policy and procedures.
Review police professional standards and conduct investigation of complaints against police department to determine if investigation is complete, thorough, objective and fair
Audit, administer oaths and affirmations, hold public hearings, interview civilian witnesses, complainants, and attend the interviews of police officers during the police department internal affairs investigation.
Provide timely updates on the Fresno Police Department Internal Affairs to the complainants.
Request further investigation to be conducted if not satisfied with the Fresno Police Department Internal Affairs findings to the city manager.
Conduct unannounced inspections of the files at Fresno Police Department Internal Affairs to insure that the files are complete and that no information has been withheld
Insure access to all police department information that is relevant to citizens complaint/ issue, said information shall not be disclosed to any member of the public except in accordance with applicable law.
Observe, analyze, monitor and make specific recommendations for training, changes in policies, practices and procedures manuals including, but not limited to, the maintenance of such records and statistics as necessary to evaluate reporting of crimes victims with disabilities.
Reporting functions of the IPA
File quarterly annual reports to Mayor, City Council, City Manager and City Attorney, Chief of Police and the City Clerk for filing as a public record. The report shall contain but not be limited to the following;
analyzing trends and patterns,
recommending improvement to the process, training needs and other preventive measures.
Providing Public information including; printed literature, radio, television and public presentation at community meetings.
Communications should be sensitive to our diverse community and shall be presented as linguistically appropriate.
Preparing as part of the quarterly report, a statistical breakdown, categorically documenting the number of complaints filed, the numbers sustained and any action taken.
Community Function of the Independent Police Auditor The Independent Police Auditor shall:
Work with a volunteer Civilian Review Board for providing civilian review of the investigations of alleged police misconduct and citizens' complaints.
Establish different sites throughout the city where the public can obtain information on how to file a compliant and to encourage citizens to file their complaints with the Office of the Independent Police Auditor and/or the Civilian Review Board.
Meet regularly with community boards and organizations to conduct presentations to inform the public about the Office of the Independent Police Auditor, explain their role in the complaint process; and to provide the memberships an opportunity to voice their concerns, to help bridge the gap between the Fresno Police Department and the community.
Participate in town-hall meetings and panel discussions on high profile incidents of civil rights violations, police
accountability, police misconduct and other issues raised by community concerns.
Civilian Review Board
Purpose To provide for community participation in setting and reviewing police department policies, practices and procedures and provide a means for prompt, impartial and fair investigations, and complaints against the Fresno Police Department. Composition of Civilian Review Board
The Civilian Review Board shall consist of seven members.
The Mayor with the approval of the City Council shall appoint members in a manner that is broadly representative of the City of Fresno and in a manner used by other City commissions.
Terms of the Board shall be for four years.
All volunteer members shall be residents of the City of Fresno.
No member of the Civilian Review Board can have a parent, step-parent, spouse, child, step child, sibling, step-sibling or registered domestic partner as defined by law who is currently employed by the Fresno Police Department.
The Independent Police Auditor's Administrative Assistant shall assist the Civilian Review Board.
Duties and Responsibilities of the Civilian Review board The Civilian Review Board shall:
Advise and make recommendations to the Fresno City Council, Mayor, City Manager Chief of Police and the Independent Police Auditor.
Work with the city administration to establish the goals and structure of the auditing and evaluation program, as well as the criteria and qualifications of the Internal Police Auditor.
Work with the Independent Police Auditor for providing civilian review investigations of alleged police misconduct and citizen complaints.
Review and make recommendations concerning all written and unwritten policies , practices and procedures of whatever kind and without limitations, in relation to the Fresno Police Department and other law enforcement and military agencies and other agencies' intelligence operations working within the City of Fresno and law enforcement generally.
Such review and recommendations to extend to, but not be limited to, the following:
Complaints alleging excessive or unnecessary force by police department officers
Officer involved shootings procedures
Treatment of Rape victims
Services and procedures designed to improve reporting and resolution of crime victims with disabilities and other special communities
Police relationship with minority community
Use of weapons and equipment training
Priority for policing and patrolling
Budget development
And other concerns from time to time from the independent auditor, the public and the city council.
Request and receive promptly, written and unwritten documents as it may deem necessary in carrying out its responsibilities-- from the Mayor's Office, City Council, the Independent Police Auditor, City Manager, Police Department Internal Affairs and City Attorney, and any other city department, provided that the disclosure of information would not impair the right of privacy of specific individuals or prejudice pending litigation
Receive complaints directed against Fresno Police Department, any of its officers and employees.
Fully and completely investigate complaints and make recommendations and give advice without limitation including disciplinary actions and related departmental policies and procedures to City Council, Independent Police Auditor and City Manager
Adopt rules and regulations and develop such procedures for its own activities and investigations as may be necessary to publish and file same with office of the city clerk.
Reporting Function The Civilian Report Board shall:
Comply with the open meetings regulations and laws.
File semi annual reports to Mayor, City Council, City Manager, City Attorney, Chief of Police and the City Clerk for filing as a public record.
The report shall contain, but not be limited to, specific recommendations and complaints.
Provide Public information including printed literature, radio, television and public presentations.
Communications should be sensitive to our diverse community and shall be presented as linguistically appropriate .
Community Function of the Civilian Review Board
The Civilian Review Board shall work with the Office of the Independent Police Auditor to provide civilian review of the investigations of alleged police misconduct and citizens' complaints. The Civilian Review Board shall:
Assist the Office of the Independent Police Auditor in the establishment of different sites throughout the city where the public can obtain information on how to file a compliant and encourage citizens to file their complaints.
The Civilian Review Board shall also accept said complaints.
Meet regularly with community boards and organizations to conduct presentations informing the public about the Office of the Independent Police Auditor and its role in the complaint process.
Provide the memberships with an opportunity to voice their concerns and help bridge the gap between the Fresno Police Department and the community.
Participate in town-hall meetings and panel discussions on high profile incidents of civil rights violations, police accountability, police misconduct and other issues raised by community concerns.
The following apply to both the Civilian Review board (CRB) and the Independent Police Auditor (IPA):
Funding includes both personnel, office space and office equipment and whatever is needed to provide the infra-structure needed to maintain its independence from the Police Department.
Funding should include an adequate allowance for training and for communications with IPA and Boards in other cities, counties or states and on a limited basis, internationally.
A standard Severability clause shall be cemented.
A resident of Fresno can file a complaint directly with the police department, with the IPA, with the CRB, or with any combination of them. The department, agency or board receiving the complaint shall provide copies of the complaint to the other two agencies upon receipt from the complainant.
Submitted as Draft Proposal by the
Central California Criminal Justice Committee
P.O. Box 4555
Fresno Ca 93744
Introduction by Mike Rhodes
Editor of the Community Alliance magazine
http://www.fresnoalliance.com/home
Something is wrong when a young man is shot dead by the police for the (alleged) crime of stealing beer. The Fresno Police shot and seriously injured a motorist who made an illegal turn, killed a woman who was hitting cars with a hatchet, and shot to kill citizens with severe mental disabilities. They often use deadly force when it is not necessary and the subsequent Internal Affairs investigation (almost) never finds that the police are at fault. The endless lawsuits for wrongful death against the City would suggest otherwise. This barbaric system of unmonitored and unchecked police violence against this community is about to come to an end.
In December the mayor of Fresno finally appointed a Blue Ribbon Committee to look into setting up a police auditor system. An Independent Police Auditor is similar to the system they have in San Jose which has dramatically reduced the incidence of police involved shootings in that community. The combination of police education and independent monitoring has reduced police violence San Jose. It can work here too! The Community Alliance magazine is pleased to present the report (below) from the Central California Criminal Justice Committee (CCCJC). CCCJC is the grassroots community group that has been diligently working on this issue and this is the proposal they believe should be implemented. It is imperative that the proposal of the Blue Ribbon Committee is not watered down, that the IPA be totally independent from the Police Department and be given the power to fully investigate complaints and make recommendations.
We encourage our readers to support the Central California Criminal Justice Committee in this effort. Their next meeting will be held Wednesday, January 15 at 6 PM. They meet in the Sarah McCardle Room of the downtown library. For more information call Deb Reyes at (559) 485-7884.
INDEPENDENT AUDITOR and INDEPENDENT REVIEW BOARD
Objective The goal of the auditor working with the review panel is
to insure the integrity of investigation of police misconduct, to enhance the community confidence in the Fresno Police Department, thus reducing judicial and liability expenses
to make public reports
to make policy recommendations to the police department and the public
to insure the thoroughness of internal affairs investigations by having the power, by recommendations and by direct subpoena, to require the presence and consideration of witnesses and documents at specific internal affairs investigations
Independent Auditor
Purpose The Independent Police Auditor (IPA) will have authority to 1) review investigations, 2) conduct investigations and 3) oversee investigations; conducted by the internal affairs unit of the police department in order to maintain the credibility of the investigation process against the Fresno Police Department
The IPA shall meet with the Civilian Review Board each month to go over cases handled and shall report to the mayor or his designee.
Recruitment of the IPA
Auditor to be hired by the Civilian Review Board from applications forwarded through city personnel.
The IPA shall have some knowledge of law enforcement policies and procedures and / or have extensive legal background such as an attorney.
The IPA shall maintain a Fresno residence during his/her term.
Staffing and Funding The Independent Police Auditor will have an assistant auditor who can handle computer analysis and record keeping and can also act as administrator for the Civilian Review Board. Staffing and funding of the Office of the IPA should be in conformance with other similar city departments to insure it meets its duties and obligations as designated. Independence of the Police Auditor
The office shall be totally independent from the police department.
The IPA is objective and neutral. The IPA shall not act as an advocate or a partisan for either the complainant or the police department.
Requests for further recommendations and reports shall reflect the views of the police auditor alone after consultation with the Civilian Review Board.
No person shall attempt to undermine the independence of the auditor in the performance of the duties and responsibilities.
Neither the IPA nor its staff can have a parent, step-parent, spouse, child, step-child, sibling, step-sibling or registered domestic partner as defined by law who is currently employed by the Fresno Police Department. The IPA and all employees and personnel are bound by all state, and local conflict of interest laws and rules and by the City Charter's Nepotism Section, 807.
Confidentiality of the IPA
The IPA shall comply with all state laws requiring the confidentiality of police department records as well as the privacy rights of all individuals involved in the process.
Said information shall not be disclosed to any member of the public, except in accordance with applicable law.
Duties and Responsibilities Investigation Review The office shall:
Audit complaints alleging excessive or unnecessary force by police department officers.
Audit all officer involved shootings; and
Police profiling incidents/complaints.
Serve as a liaison for individuals for all of the residents of the city.
Be granted the authority to subpoena all records including all police files, confidential personnel files, interview records and recordings, and police policy and procedures.
Review police professional standards and conduct investigation of complaints against police department to determine if investigation is complete, thorough, objective and fair
Audit, administer oaths and affirmations, hold public hearings, interview civilian witnesses, complainants, and attend the interviews of police officers during the police department internal affairs investigation.
Provide timely updates on the Fresno Police Department Internal Affairs to the complainants.
Request further investigation to be conducted if not satisfied with the Fresno Police Department Internal Affairs findings to the city manager.
Conduct unannounced inspections of the files at Fresno Police Department Internal Affairs to insure that the files are complete and that no information has been withheld
Insure access to all police department information that is relevant to citizens complaint/ issue, said information shall not be disclosed to any member of the public except in accordance with applicable law.
Observe, analyze, monitor and make specific recommendations for training, changes in policies, practices and procedures manuals including, but not limited to, the maintenance of such records and statistics as necessary to evaluate reporting of crimes victims with disabilities.
Reporting functions of the IPA
File quarterly annual reports to Mayor, City Council, City Manager and City Attorney, Chief of Police and the City Clerk for filing as a public record. The report shall contain but not be limited to the following;
analyzing trends and patterns,
recommending improvement to the process, training needs and other preventive measures.
Providing Public information including; printed literature, radio, television and public presentation at community meetings.
Communications should be sensitive to our diverse community and shall be presented as linguistically appropriate.
Preparing as part of the quarterly report, a statistical breakdown, categorically documenting the number of complaints filed, the numbers sustained and any action taken.
Community Function of the Independent Police Auditor The Independent Police Auditor shall:
Work with a volunteer Civilian Review Board for providing civilian review of the investigations of alleged police misconduct and citizens' complaints.
Establish different sites throughout the city where the public can obtain information on how to file a compliant and to encourage citizens to file their complaints with the Office of the Independent Police Auditor and/or the Civilian Review Board.
Meet regularly with community boards and organizations to conduct presentations to inform the public about the Office of the Independent Police Auditor, explain their role in the complaint process; and to provide the memberships an opportunity to voice their concerns, to help bridge the gap between the Fresno Police Department and the community.
Participate in town-hall meetings and panel discussions on high profile incidents of civil rights violations, police
accountability, police misconduct and other issues raised by community concerns.
Civilian Review Board
Purpose To provide for community participation in setting and reviewing police department policies, practices and procedures and provide a means for prompt, impartial and fair investigations, and complaints against the Fresno Police Department. Composition of Civilian Review Board
The Civilian Review Board shall consist of seven members.
The Mayor with the approval of the City Council shall appoint members in a manner that is broadly representative of the City of Fresno and in a manner used by other City commissions.
Terms of the Board shall be for four years.
All volunteer members shall be residents of the City of Fresno.
No member of the Civilian Review Board can have a parent, step-parent, spouse, child, step child, sibling, step-sibling or registered domestic partner as defined by law who is currently employed by the Fresno Police Department.
The Independent Police Auditor's Administrative Assistant shall assist the Civilian Review Board.
Duties and Responsibilities of the Civilian Review board The Civilian Review Board shall:
Advise and make recommendations to the Fresno City Council, Mayor, City Manager Chief of Police and the Independent Police Auditor.
Work with the city administration to establish the goals and structure of the auditing and evaluation program, as well as the criteria and qualifications of the Internal Police Auditor.
Work with the Independent Police Auditor for providing civilian review investigations of alleged police misconduct and citizen complaints.
Review and make recommendations concerning all written and unwritten policies , practices and procedures of whatever kind and without limitations, in relation to the Fresno Police Department and other law enforcement and military agencies and other agencies' intelligence operations working within the City of Fresno and law enforcement generally.
Such review and recommendations to extend to, but not be limited to, the following:
Complaints alleging excessive or unnecessary force by police department officers
Officer involved shootings procedures
Treatment of Rape victims
Services and procedures designed to improve reporting and resolution of crime victims with disabilities and other special communities
Police relationship with minority community
Use of weapons and equipment training
Priority for policing and patrolling
Budget development
And other concerns from time to time from the independent auditor, the public and the city council.
Request and receive promptly, written and unwritten documents as it may deem necessary in carrying out its responsibilities-- from the Mayor's Office, City Council, the Independent Police Auditor, City Manager, Police Department Internal Affairs and City Attorney, and any other city department, provided that the disclosure of information would not impair the right of privacy of specific individuals or prejudice pending litigation
Receive complaints directed against Fresno Police Department, any of its officers and employees.
Fully and completely investigate complaints and make recommendations and give advice without limitation including disciplinary actions and related departmental policies and procedures to City Council, Independent Police Auditor and City Manager
Adopt rules and regulations and develop such procedures for its own activities and investigations as may be necessary to publish and file same with office of the city clerk.
Reporting Function The Civilian Report Board shall:
Comply with the open meetings regulations and laws.
File semi annual reports to Mayor, City Council, City Manager, City Attorney, Chief of Police and the City Clerk for filing as a public record.
The report shall contain, but not be limited to, specific recommendations and complaints.
Provide Public information including printed literature, radio, television and public presentations.
Communications should be sensitive to our diverse community and shall be presented as linguistically appropriate .
Community Function of the Civilian Review Board
The Civilian Review Board shall work with the Office of the Independent Police Auditor to provide civilian review of the investigations of alleged police misconduct and citizens' complaints. The Civilian Review Board shall:
Assist the Office of the Independent Police Auditor in the establishment of different sites throughout the city where the public can obtain information on how to file a compliant and encourage citizens to file their complaints.
The Civilian Review Board shall also accept said complaints.
Meet regularly with community boards and organizations to conduct presentations informing the public about the Office of the Independent Police Auditor and its role in the complaint process.
Provide the memberships with an opportunity to voice their concerns and help bridge the gap between the Fresno Police Department and the community.
Participate in town-hall meetings and panel discussions on high profile incidents of civil rights violations, police accountability, police misconduct and other issues raised by community concerns.
The following apply to both the Civilian Review board (CRB) and the Independent Police Auditor (IPA):
Funding includes both personnel, office space and office equipment and whatever is needed to provide the infra-structure needed to maintain its independence from the Police Department.
Funding should include an adequate allowance for training and for communications with IPA and Boards in other cities, counties or states and on a limited basis, internationally.
A standard Severability clause shall be cemented.
A resident of Fresno can file a complaint directly with the police department, with the IPA, with the CRB, or with any combination of them. The department, agency or board receiving the complaint shall provide copies of the complaint to the other two agencies upon receipt from the complainant.
Submitted as Draft Proposal by the
Central California Criminal Justice Committee
P.O. Box 4555
Fresno Ca 93744
For more information:
http://www.fresnoalliance.com/home
Add Your Comments
Latest Comments
Listed below are the latest comments about this post.
These comments are submitted anonymously by website visitors.
TITLE
AUTHOR
DATE
nice sign
Wed, Jan 8, 2003 12:02PM
dollars and sense
Tue, Dec 31, 2002 1:15PM
Contact Fresno City Council members
Tue, Dec 31, 2002 12:28PM
We need an IPA for Fresno
Mon, Dec 30, 2002 11:26PM
Ms.
Sat, Dec 21, 2002 7:47PM
Victim's Specialist
Sat, Dec 21, 2002 9:53AM
Victim's Specialist
Sat, Dec 21, 2002 9:51AM
We are 100% volunteer and depend on your participation to sustain our efforts!
Donate
$330.00 donated
in the past month
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network