Why Fresno Needs an Independent Police Auditor—Now!

Why Fresno Needs an Independent Police Auditor—Now!

The Central California Criminal Justice Committee has been working to establish an independent police auditor in Fresno for several years now. One of the successes of the group was to get the Fresno Police Department to make complaint forms readily available at several locations around town. In the unedited exchange of letters below, we get some insight into how well this system is working.

To become involved:

Attend the next meeting of the Central California Criminal Justice Committee, which will be Thursday, May 19, at 6:30 PM at the Fresno Center for Nonviolence, 1564 North Van Ness (southeast corner of McKinley and Van Ness) or contact them at:

Central California Criminal Justice Committee

Post Office Box 4555
Fresno, CA 93744
(559) 229–9807
www.fresnoalliance.com/cccjc/

**************************************************************

Central California Criminal Justice Committee
Post Office Box 4555
Fresno, CA 93744
March 16, 2005

To Police Chief Dyer:

The system of complaints regarding the police department does not seem to be functioning at all. After we worked together to create a more user-friendly complaint form, to make it available in four languages in ten different locations, nothing seems to have changed. It is still next to impossible for people to receive prompt, fair consideration when they have dissatisfaction over police officer behavior. It is not a good situation for the public to have no recourse available to them, other than through a lawsuit.

We receive calls frequently from people having complaints about police procedures or behavior. Once we ascertain that the Fresno Police Department was involved, we suggest that they obtain a complaint form and file it with the internal affairs committee. We usually never hear from them again, and we assume that either they have done that or, more likely, just let it go. Some people express reluctance to file a complaint with the police department, feeling that they cannot get a fair hearing from the police themselves about a complaint lodged against their own officers. Others fear retaliation. When it is more serious, they can file a claim or a lawsuit. So we normally have no way of knowing the result.

However, recently Kathy Lindebom called to vent her anger at an incident involving a police officer. We suggested that she fill out a complaint form and told her where to find them. She tried two of the places we mentioned and found none available and no one there who could give her a clue about them. So we told her to pick one up at the police department. The shelf had only Spanish forms, so she waited 45 minutes to speak to someone and finally obtain a form which she filled out and returned to the department. She also sent a copy to you, certified mail, so she would be sure it would get into your hands.

It is two months since she did this. We assured her that department policy was to reply within 30 days. No one has contacted her concerning this matter. It is very frustrating and disconcerting to discover that after years of working on this issue and receiving assurances from officers who have attended our workshops, nothing has changed. There is still no accountability by the police department to people who feel they have been treated improperly, and no independent oversight to see that a fair and impartial response is forthcoming. This causes people to lose confidence in the just and proper operation of the police department. We need to make it work better.

Very truly yours,


Ellie Bluestein
Central California Criminal Justice Committee
cc: Fresno City Council
Mayor

************************************************************

On Mar 18, 2005, at 4:38 PM, Sharon Shaffer wrote:

Hello Ms. Bluestein, I am currently assigned to the Investigative Services Division which includes the Internal Affairs Bureau. I wanted to address the concerns you raised in your e-mail communication with Chief Dyer regarding the complaint process.

I am not certain exactly when or which community locations the forms were not available, however all locations have had their supply of forms replenished. What we have found is that not all persons working at the various Parks and Recreation facilities know where the forms are kept.
Next week I will be meeting with the Director of Parks and Recreation, Randall Cooper, to discuss this issue. I am confident that will alleviate the situation.

I have checked, and we have no record of a person by the name of Kathy Lindebom submitting a complaint to our agency. If you would provide me with her address, I would be happy to send her a complaint form, or if you would rather, you may have her contact me personally and I will send
her a form.

Chief Dyer requested that I copy the City Council Members, the Mayor, and the City Manager because they had received your e-mail and because of that, they needed to be aware of our response.
If you have any questions or concerns please don't hesitate to call me. The quicker we work to address these issues the better we will serve the community. Thank you Ellie.

Sharon Shaffer
Fresno Police Department
Deputy Chief, Investigative Services
621-2400
Sharon.Shaffer@fresno.gov

****************************************************

Hello Deputy Chief Shaffer,

Ms Lindebom has already filled out a complaint form. She also sent a copy to Chief Dyer by certified mail. You can reach her at [actual phone number edited out for publication by the Community Alliance]. Some time ago we asked that a meeting be held with representatives of the ten locations where the forms had been placed so that they might be aware of them and of how they were to be used. Chief Dyer denied that request. I'm pleased to know that the situation is being remedied. Thank you, Sharon. Ellie

*****************************************************

-----Original Message-----
From: "Ellie Bluestein" geneb@csufresno.edu
Sent: 4/10/05 1:57:00 AM
To: "Jerry Dyer" Jerry.Dyer@ci.fresno.ca.us
Subject: Re: FAILURE OF COMPLAINT SYSTEM

Any further word about what occurred? Kathy said she had sent a
certified letter to you and that it was received and signed. Ellie

*********************************************************

On Apr 10, 2005, at 9:19 PM, Jerry Dyer wrote:

DC Shaffer who is the Commander of the division is handling this matter, so I will check with her. I have not signed for any certified letters.

*****************************************************

To Chief Dyer:

The question is not if you signed a certified letter. We know that Officer Hostetter signed the letter. Since it was addressed to you, we logically assumed that you had received it. Is it not customary for you to receive mail that has been addressed to you? Who did receive it? What did Officer Hostetter do with it? Who has it now? If someone addresses mail to Chief Dyer can he not assume that Chief Dyer will receive the mail?
The second question is: what happened to the copy of the complaint that Cathy Lindeboom [Cathy Lindeboom is the correct spelling; was misspelled in the earlier correspondence. –Editor] hand-delivered to a clerk in the police department office? Is there no policy for handling complaints that are received? Deputy Chief Shaffer says there is no record of its having been received. Who received it? What was done with it? Where is it now?

We members of the Central California Criminal Justice Committee realized sometime ago that we are in effect perceived as a civilian review board. We receive constant phone calls from people with complaints about some interface they have had with the police. Of course we have no power to investigate or follow up on these requests. So we just let people know that they can file a complaint. We spent many hours with you redoing the complaint forms, seeing to it that they were made available in ten locations, in four languages, trying to establish exactly what the process will be once a complaint is filed.

It just ain’t working. The forms weren’t available in English at three locations, including the police department where they had to be requested. After 30 days there was no response,
as we had been told there would be. Then I was notified that nothing had been received from Cathy Lindeboom. So it has been more than four months since she filed two copies of her complaint.

This is not the first instance of such incompetence. Several people have told us that they have waited a long time with no response, only to be told that there was no record of their complaint.

You know we have worked for five years now to have the city establish a position of Independent Police Auditor who would deal with situations just such as this, plus others that are plaguing the department. The IPA in San Jose made numerous recommendations, most of which were adopted, for improving practices both towards the public and within the department, to assure fair handling of complaints. You have told us that most complaints come from within the department. How can internal affairs equitably handle complaints among their colleagues and coworkers? They can’t. We have seen some of the unfortunate results—suicide of popular longtime officer, dismissal of Officer of the Year, expensive lawsuits by officers discharged or claiming unfair treatment. Not to mention Officer Twedt, who was retained on the force despite his theft, among other actions, and now is facing two lawsuits for which two attorneys have been assigned, after he lost the first lawsuit eight years ago to the tune of $500,000 paid out by us, the taxpayers.

All we are saying is, get us an Independent Police Auditor in place now! Two or three years ago you told us to be patient, that you had to work it out with the officers, but it would happen, that it had to come from the boss. Well, we were patient, and the boss proposed it, put it into the budget, strongly lobbied for it, and you told the city council that an independent police auditor is not needed. That you believe the police auditor would foster trust among some community members, but the department already is vigilant in overseeing police officers. "I believe we are harder on our employees than someone from the outside would be. I know that."

But where is the impartiality when police officers are judging each other? We know the situation is rife with cronyism and favoritism, as it would be in any large bureaucracy. That’s why an outside, impartial presence is needed. We know you could bring about a positive response from the city council right away. You have good persuasive power and great influence. It was not difficult for you to persuade the city council to approve $800,000 for a plane or $90,000 to initiate an accreditation process which is of dubious value. Bring us an Independent Police Auditor for the city now. You know it would be of great value to you and to the public.

We have great respect for your position and the job you are doing. The introduction of an IPA would only serve to improve the execution of your job and the trust and approval of the public.

Very Sincerely yours,


Ellie Bluestein
Central California Criminal Justice Committee

"California law requires every police department to have a procedure for investigating citizen complaints, and to have a written description of the procedure available for review (Penal Code Section 825.5)."


CC: CCCJC
Mayor Autry
Fresno City Council
Fresno Bee