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ACTION ALERT: City Commissioners Speak Out on Arrest of KWTN Publisher
For a number of years now it has been nearly impossible for citizens of Key West to have their complaints heard about selective law enforcement practices. Locals are routinely arrested for minor offenses that tourists are encouraged to participate in. The police have violently silenced opposition.
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* ACTION ALERT *** ACTION ALERT *** ACTION ALERT *
=======================================================
Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it's the only thing that ever has. - Margaret Mead
=======================================================
For a number of years now it has been nearly impossible for citizens of Key West to have their complaints heard about selective law enforcement practices. Locals are routinely arrested for minor offenses that tourists are encouraged to participate in. The police have violently silenced opposition.
These practices are now common knowledge thanks to an independent newspaper publisher who was arrested this year for writing about the corruption and incompetence at all levels of the Key West Police Department. It has been shown that the Internal Affairs agency responsible for handling citizen complaints refuses to investigate officers of wrong doing and routinely white-washes and dismisses valid complaints. When the police investigate the police, it leaves open too many paths to corruption.
We would like answers to the following questions:
* How can citizens ever again trust the results when cops investigate themselves?
* How can citizens ever again assume that Internal Affairs investigations are objective and complete?
* How big does a lie by a police officer have to be before Chief Dillon considers it actionable?
* How long have Flowers and other officers been doing this -- and how long have (Internal Affairs Investigator) Christensen, (Police Chief) Dillon, and others been protecting them?
TODAY, there is something that YOU CAN DO so that these questions no longer have to be begged by the public. Nearly 75% of major US cities have adopted some type of external civilian review to protect their communities. That would require amending the City Charter, which must be approved by the City Commission, as representatives of the public. Procedures involving accountability and chain of command are very important in the efficient operation of any government.
Because Civilian Review Boards (CRBs) provide for an effective external review mechanism, they can be an extremely effective way to curb abuses. CRBs investigate citizen complaints, and make policy recommendations to police administrators and others about how to prevent abuses from occurring in the first place. Civilian oversight can spot problem policies and provide a forum for developing reforms.
Currently there is NO public forum for addressing this issue, in Key West. After the arrest of local publisher, Dr. Cooper, for writing about police corruption and abuse of powers, Key West City Commissioners spoke out about the ordeal. This was a very controversial act by a police chief. The annotated transcript of their comments are printed below for everyone to see.
SO, this is how YOU can make a difference. . .
Write the City Commissioners and ask them to address the issue of a Civilian Review Board (CRB) for Key West. Their email addresses are provided, as a courtesy, at the end of this action alert. Also provided is a sample letter supporting CRB´s. You may cut and paste from the sample letter and, if you wish, please add your own comments.
Your support is greatly appreciated as we are to begin a dialog in this community to address the police corruption and abuse of powers that has plagued this city for years. It´s been very embarrassing for Key West. The headlines all over the country. It made the Associated Press. The editorial in the St. Petersburg Times, National Public Radio. This is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences.
The members of the City Commission MUST acknowledge your concerns, or they will be responsible for NOT giving fair representation to the people of this community. Then let them put their heads together and come up with a clear consensus and direction of what we´re going to do. We hope our elected City officials hold dear, close to their hearts, the First Amendment rights of free press and free speech.
City Commissioner Carmen Turner summed it all up when she said, "I think we need to be about the business of the citizens of Key West and get to work."
We couldn´t agree more!
Please write today! If you´re pressed for time, simply cut and paste from the sample letter included at the bottom of this Action Alert. Let your voice be heard! Let´s get this dialog initiated NOW!
Thank you so much for your time and effort.
=======================================================
The following article is reprinted in its entirety. It was published on November 2, 2001 by "Key West The Newspaper" (KWTN) and was written as an editorial by Dennis Reeves Cooper, Editor & Publisher:
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City Commissioners Speak Out On Police Chief's Arrest of KWTN Publisher.
Eleven days after the arrest, City Commissioners spoke out. Oosterhoudt was outraged. Anthony wanted a review. Bethel said that Chief's action may have been retaliatory. Weekly supported the Chief. Turner wanted to 'Move on'. McCoy and Curry took a 'No comment' position.
=======================================================
Now that the American Civil Liberties Union (ACLU) has announced that it will sue the City if Key West -- and, perhaps, Police Chief Buz Dillon personally -- for my wrongful arrest back on June 22 (for exposing incompetence and corruption in his department), we can't get any of the City Commissioners to comment on the case. But they did speak out at the City Commission meeting back on July 3, just 11 days after the arrest. That was also the day that State Attorney Mark Kohl dropped the charges against me -- but most of the Commissioners didn't have this information when they made their comments. Commissioner Tom Oosterhoudt made this announcement toward the end of the discussion period.
Here is an annotated transcript of the Commissioners' comments:
*** Commissioner Jeremy Anthony:
I have received many calls from constituents concerning the recent warrant issued to a local publisher. Many of their concerns are legitimate and deserve to be addressed. As a Commissioner, I have concerns as well.
I would like to make it clear that I have not and I am not calling for the resignation of anyone. To me, this is more about procedures than personalities. When a decision is reached by any department head that could have ramifications outside the department and into public domain, I would think the City Manager and the City Attorney would consent and advise and consult, and that the City Manager would ultimately make the final decision in such a situation.
It is not clear how this decision (to go after a warrant for the arrest) was reached, but it does seem clear that it was not a decision reached by the City Manager, and it was not one that he was actually aware of.
Procedures involving accountability and chain of command are very important in the efficient operation of any government. If there are not procedures in place governing this sort of decision-making process, I believe there should be.
I would like to see the City Manager present a review of all the circumstances leading up to this decision at our next Commission meeting. The Commission can then discuss this from an informed position. I think we have an obligation to everyone involved in this process to initiate a thorough review. And I hope my fellow Commissioners will agree and ask for such a review from the City Manager.
*** Commissioner Tom Oosterhoudt:
Commissioners, I totally agree with Commissioner Anthony and, what´s more, I never, ever want to see a department head take action of a retaliatory manner against the private sector again. I was very embarrassed for Key West on this, and the fact that this particular person (Police Chief Buz Dillon) had never signed an arrest warrant since he became Chief really bothered me, and then he decided to do it on this action. And I´m also upset that he´s not here tonight.
I think with all the commotion this past week . . . I´ve had emails from as far away as the Philippines complaining of abuse by our Police Chief. And like Commissioner Anthony, I am not asking for anybody´s job or anything like that, although I do think that the strongest reprimand is deserving at this point. I never want to see this again and, if I do, I will be the first one to say it´s time to have a new Police Chief.
It´s been very embarrassing for Key West. The headlines all over the country. It made the Associated Press. The editorial in the St. Petersburg Times, National Public Radio. I could go on and on. My emails have piled up. It was just amazing. This thing sent shock waves all over the country. The whole thing made me very sad. And I just never, ever want to see this again.
We´ve got members of the police force here tonight. And I have to say, we have a hardworking police force and I support the force strongly. And they don´t need this kind of scandal to hurt the force. We´ve come too far and worked too hard. And it was just unnecessary. To Mr. Cooper, who´s out there tonight (in the audience), on behalf of the City, I am just sad this happened. And I hope to never see this happen again.
*** Commissioner Carmen Turner:
In regards to comments made by Commissioner Anthony and Commissioner Oosterhoudt, I will say that I think there is a lot of misinformation out there. A lot of facts seem to have been distorted as emails went out and came back. And I think that´s unfortunate.
[NOTE: Despite all the "misinformation" that Commissioner Turner says is out there, she will refuse to support Commissioner Anthony´s appeal for a review to lay out the events that led to the arrest.]
I think, certainly, before we start saying apologies on behalf of the City, we need to take a look at what´s actually happening here and make certain that what we are doing is assuring our citizens that the laws will be applied evenly to everyone regardless of who they are.
I believe that this is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences. That´s sort of what I´ve been hearing from folks around town.
[NOTE: At this point, Commissioner Turner changes the subject. She asks the City Manager to work with AT&T to try to improve the quality of the TV broadcasts of the City Commission meetings.]
*** Commissioner Anthony:
I would like to clarify if we´re going to ask the City Manager to do a review concerning the circumstances surrounding the warrant.
*** Commissioner Turner:
I´m not asking for any . . . I´ve already had my discussion with the City Manager about this issue.
*** Commissioner Anthony:
I´ve had a discussion with him also, but I think the public is entitled to information, to be informed also.
*** Commissioner Harry Bethel:
I was going to hold back, but I need to make a comment. I received a letter from one of the most die-hard Conchs in this community. And I know Mr. Avael (City Manager) received it and you all (Commissioners) probably received it. It was written on yellow paper. He is definitely not a fan of yours, Mr. Cooper. But he holds dear, close to his heart, the First Amendment rights of free press and free speech. And so do I and so do most of the people.
I´m not going to get into whether what happened was legal or illegal, constitutional or unconstitutional. I do know that it (the law) is still a part of statutes and, as such, it´s still a law until it´s removed by the legislature.
But I think the timing was wrong. But most importantly, we pay our directors, our chiefs, our manager, our assistant manager, out attorney, our clerk very good money to do a very good job -- which, in most instances, they do.
But I think common sense comes into play. And what I´m hearing out there from my constituents is not one side or the other, but the perception and the timing. You´ve got articles that appeared in the paper and you´ve got the action taken by the Police Chief personally. And the perception out there is, yes, it´s retaliatory. I´m not sure that this is the case or not. It might be that he was enforcing what he perceived as the law.
But I think that what we need is communication between our top staff. Most importantly, between legal and the City Manager. Put their heads together and come up with a clear consensus and direction of what we´re going to do. Had that happened, we probably wouldn´t be here (discussing it) today.
*** Commissioner Oosterhoudt:
This morning, the "Key West Citizen" reprinted the same information that the Chief uses to arrest Dennis Cooper. So, by this standard, the whole editorial staff of the "Citizen" should be arrested if we´re going to apply the law, as another Commissioner mentioned, equally. But I´m glad to say that, at 5 o´clock, I received a call. The State Attorney is not going to prosecute this and it will not go forward. And I want to congratulate this State Attorney for doing the right thing -- when something is obviously an abridgement of the freedom of speech and has impugned the integrity of this community.
*** Commissioner Anthony:
If we´re not going to ask for a review, I would certainly encourage the City Manager to do everything within his ability to make sure that this kind of decision-making process does not happen again.
[NOTE: You´ve got to hand it to Commissioner Anthony. He doesn´t give up on getting a review of the circumstances and actions that led up to the arrest. Imagine that concept -- getting to the bottom of how and why the Police Chief took what appears to be a retaliatory action that blew up into a national scandal. You will note that Commissioner Turner and Mayor Weekely want no part of such a review.]
*** Mayor Jimmy Weekely:
I think all of us support the Constitution. The oath of office we all took to support the Constitution. The oath of office the City Manager took to support the Constitution and the ordinances of Key West. That´s the same oath the Police Chief took to uphold the Constitution and the ordinances of Key West, as well as the Constitution of the State of Florida. We all strongly support the First Amendment rights that we all cherish. There have been many lives lost defending those rights. We don´t have to agree with what is written in the paper, but it is the right by the Constitution of freedom of press.
However, I think there is another side of this issue that needs to be looked at also. And that is the obligation . . . if you are a complainant and an editor or reporter of a paper, there is a potential for a conflict that one should remove himself from and let someone else cover the story.
I feel our Chief made a decision. He went to a judge to issue the warrant. I think he followed the rules, just as he has on many other cases. If we ask him, before he files any papers to arrest anyone, they have to have the approval of the City Attorney and the City Manager, I think we´re going to be a long way from having anything happen.
I think there are two sides to this story. I think that all of the facts have not been brought out on this story. And, I think, in time, that everything will be brought out.
[NOTE: But not right now, apparently. For some reason, Mayor Weekely does not support Commissioner Anthony´s call for a review to find out what really happened. Go figure.]
One thing about the judge´s ruling (that the law used to arrest Cooper is unconstitutional). That ruling was in 1987. The Florida Legislature changed that (law) in 1991. So my understanding, from legal people I have talked to in the City, that this was an arrestable offense and that the Chief was correct.
[NOTE: If this is true, Mayor Weekely, why did the State Attorney drop the charges within just a few days of the arrest?]
There´s a lot of emotion about this because of the individual involved and the way it (the arrest) was done, maybe. Maybe it should have been looked at differently. Maybe there should have been some other ways to get the message clearer, as well.
But I really, truly think that if we start demanding our Chief, or any of our department heads, if we take the ability away from them to make the decisions that they are hired for, then we are not giving fair representation to the people of this community.
I think that a review process is not necessary. We have our own City Charter that we are all sworn to follow and the Police Chief is to make these decisions. Granted, I particularly do not totally agree with the way the decision was made. I think that maybe there should have been more discussion of the legal aspects of it with the State Attorney´s Office, with our own City Attorney.
But that´s the way it happened. It´s dreadful. I think it´s time, if the State Attorney is dropping those charges, then I think it´s time to just move on. We have more important issues in this City to face and to resolve than the issue that the Police Chief may have made an error in judgment.
*** Commissioner Anthony:
I want to make it very clear. I do not want my opinion misconstrued by anyone. I was not calling for a review of every decision by every department head. I clearly said in my remarks that any case where it affects beyond the department into the public domain, there should be some consultation. I just wanted to clarify that.
*** Commissioner Bethel:
You (speaking to Weekely) kind of took what I said and used it in your context when you needed it and threw it the other way when you didn´t need it. What I said was that department heads need to use common sense. This incident involved the free press and it involved the Chief of Police. He should have referred it to legal (the City Attorney). The City Attorney could have reffered it to the State Attorney´s Office. But a consensus between legal, the City Manager, and the Chief would have been able to come up with, maybe, a different decision.
Now, where he is the Chief and one of his officers -- lieutenants, captains, whatever the case may be -- goes to him with a situation to get a warrant, then, yes, he makes the decision. But this involved the Chief personally. That´s all I´m saying. I´m not questioning whether he was right or wrong. I´m not even questioning whether it was legal or illegal. None of that. It´s just the process and the perception that´s out there.
*** Commissioner Oosterhoudt:
Following what Harry said, I think it was a given. This was a very controversial act by a police chief. This was the very first time he had signed a warrant since he has been our chief. It was unique. It was unusual. And he had to know it was controversial. And the fact that he didn´t go to staff really, really is upsetting.
And I´m not suggesting that we second guess everything that he does, but I think it was a given that this was a very, very controversial act. And it did involve freedom of speech, freedom of the press and I found it reprehensible myself.
*** Commissioner Turner:
Now is the time to move on. We have some major issues facing us that are going to involve the Police Department. I know I do. I have some issues for my constituents that need to be addressed and I would hate to see those efforts be hampered by any sort of undue agitation of this issue. I think we need to be about the business of the citizens of Key West and get to work. I´m sort of ready to move on.
[NOTE: Two of the seven City Commissioners had nothing to say about the arrest: Merili McCoy and Percy Curry. Curry has since retired and has been replaced by Commissioner Ed Scales, an attorney who understands the First Amandment´s protections of free speech and free press.]
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To contact Key West The Newspaper for confirmation:
Editor/Publisher: Dennis Reeves Cooper, Ph.D.
422 Fleming Street
P.O. Box 567
Key West, Florida, 33041
(305) 292-2108
e-mail: office [at] kwtn.com
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* ACTION ALERT *** ACTION ALERT *** ACTION ALERT *
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Please forward to all of your Florida Keys friends!
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WHAT CAN I DO?
(1) Write a letter to send to the Mayor, City Manager, and members of the the City Commission. Or you may simply cut and paste the following sample letter text into your e-mail browser.
(2) Be sure to include your name, address, other contact info, and the date at the head of the letter. Also, don't forget to "sign" it at the conclusion.
(3) Use the snail mail or email addresses and fax numbers listed below. It is easy to cut and paste all of the email addresses into the "send to" box in your email software and then send your message simultaneously to all City officials.
(4) Join our grass-roots action campaign to build support for a Civilian Review Board for Key West. Simply reply to this e-mail and let us know you are interested! Please type "GRASS ROOTS ACTION!" as the subject header.
(5) Attend the next City Commission meeting in person and show your support for a Key West CRB. During the appropriate time, you may be able to make brief comments and ask the Commission to begin a dialog for discussing this issue. The next meeting is on Tuesday, December 4, at 6p.m.
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* SAMPLE LETTER * SAMPLE LETTER * SAMPLE LETTER *
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Please forward to other concerned Key West Citizens!
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[YOUR NAME here] [TODAY'S DATE]
[YOUR ADDRESS here]
[YOUR ADDRESS here]
Mayor Jimmy Weekley
525 Angela Street
Key West, Florida, 33040
RE: Civilian Review Board for Key West
Dear Key West Mayor and City Commissioners,
Because members of the Key West Police Department have been shown to lie under oath to garnish illegal convictions, and because police field commanders have actively prevented citizens from filing formal Internal Affairs complaints by violent retaliatory actions, and because the Internal Affairs Office has refused to investigate these citizen complaints, and because the Chief of Police has illegally arrested a local newspaper publisher for writing about corruption and incompetence in the police force; local citizens have recently asked the following questions:
* How can citizens ever again trust the results when cops investigate themselves?
* How can citizens ever again assume that Internal Affairs investigations are objective and complete?
* How big does a lie by a police officer have to be before Chief Dillon considers it actionable?
* How long have Flowers and other officers been doing this -- and how long have (Internal Affairs Investigator) Christensen, (Police Chief) Dillon, and others been protecting them?
Civilian Review Boards (CRBs) provide for an effective external review mechanism; they can be an extremely effective way to curb police abuses. CRBs investigate citizen complaints, and make policy recommendations to police administrators and others about how to prevent abuses from occurring in the first place. Civilian oversight can spot problem policies and provide a forum for developing reforms.
Currently there is NO public forum for addressing this issue, in Key West. The following items must be addressed to begin to answer the questions posed above:
TEN PRINCIPLES FOR AN EFFECTIVE CIVILIAN REVIEW BOARD:
(1) INDEPENDENCE. The power to conduct hearings, subpoena witnesses and report findings and recommendations to the public.
(2) INVESTIGATORY POWER. The authority to independently investigate incidents and issue findings on complaints.
(3) MANDATORY POLICE COOPERATION. Complete access to police witnesses and documents through legal mandate or subpoena power.
(4) ADEQUATE FUNDING. Should not be a lower budget priority than police internal affairs systems.
(5) HEARINGS. Essential for solving credibility questions and enhancing public confidence in process.
(6) REFLECT COMMUNITY DIVERSITY. Board and staff should be broadly representative of the community it serves.
(7) POLICY RECOMMENDATIONS. Civilian oversight can spot problem policies and provide a forum for developing reforms.
(8) STATISTICAL ANALYSIS. Public statistical reports can detail trends in allegations, and early warning systems can identify officers who are subjects of unusually numerous complaints.
(9) SEPARATE OFFICES. Should be housed away from police headquarters to maintain independence and credibility with public.
(10) DISCIPLINARY ROLE. Board findings should be considered in determining appropriate disciplinary action.
There should be more discussion of the legal aspects of it with the State Attorney´s Office, and with the Key West City Attorney. Please encourage the City Manager to do everything within his ability to make sure that this retaliatory kind of decision-making process does not happen again. The Chief of Police and all of the members of the KWPD must never take action of a retaliatory manner against the private sector again. A non-repetition guarantee must be given to those directly affected by police abuse of powers, and to our community as a whole, that it won´t happen again.
This is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences. Otherwise, there is not fair representation being given to the people of this community.
Let´s get this dialog initiated NOW!
Thank-you so much for your prompt attention to this urgent matter.
Respectfully,
[YOUR NAME and EMAIL "sig-file" here]
cc: The Key West City Manager, City Attorney, and all members of the City Commission.
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The following contact information is published at:
http://www.keywestcity.com/
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MAYOR:
Jimmy Weekely
525 Angela Street - 2nd Floor
(305) 292-8102
FAX: (305) 293-6425
E-mail: JWeekley [at] keywestcity.com
CITY MANAGER:
Julio Avael
525 Angela Street
(305) 292-8100
FAX: (305) 292-8234
E-mail: JAvael [at] keywestcity.com
CITY ATTORNEY:
Bob Tischenkel
605 Simonton Street - 2nd Floor
(305) 292-8110
FAX: (305) 292-8227
E-mail: Attorney [at] keywestcity.com
CITY COMMISSIONERS:
(1) Tom Oosterhoudt (DISTRICT I)
(305) 296-6088
E-mail: TomO [at] oosterbooster.com
(2) Merili McCoy (DISTRICT II)
(305) 296-5123
E-mail: merilimccoy [at] compuserve.com
(3) Edwin A. Scales, III (DISTRICT III)
(305) 292-8950
FAX (305) 296-6629
E-mail: EScales [at] keywestcity.com
(4) Harry Bethel (DISTRICT IV)
(305) 292-8114
E-mail: HBethel [at] keywestcity.com
(5) Jeremy Anthony (DISTRICT V)
(305) 296-0436
E-mail: JAnthony [at] keywestcity.com
(6) Carmen Turner (DISTRICT VI)
(305) 292-4634
FAX: (305) 293-6425
E-mail: carmenturn [at] aol.com
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The organizations below offer detailed insight into the successes and shortcomings of contemporary civilian review agencies nationwide.
Amnesty International:
http://www.amnestyusa.org/rightsforall/police/nypd/index.html
Human Rights Watch:
http://www.hrw.org/reports98/police/uspo22.htm
American Civil Liberties Union (ACLU):
http://www.aclu.org/library/fighting_police_abuse.html
=======================================================
To contact Attorneys for Steven Lecklitner for more information and confirmation into events leading to the Florida State Attorney investigation into Key West Police Department excessive use of force and abuse of powers complaint:
Law Offices of Cornelius Shiver
3337 Thomas Ave.,
Miami, Florida, 33133
(305) 441-8202
* ACTION ALERT *** ACTION ALERT *** ACTION ALERT *
=======================================================
Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it's the only thing that ever has. - Margaret Mead
=======================================================
For a number of years now it has been nearly impossible for citizens of Key West to have their complaints heard about selective law enforcement practices. Locals are routinely arrested for minor offenses that tourists are encouraged to participate in. The police have violently silenced opposition.
These practices are now common knowledge thanks to an independent newspaper publisher who was arrested this year for writing about the corruption and incompetence at all levels of the Key West Police Department. It has been shown that the Internal Affairs agency responsible for handling citizen complaints refuses to investigate officers of wrong doing and routinely white-washes and dismisses valid complaints. When the police investigate the police, it leaves open too many paths to corruption.
We would like answers to the following questions:
* How can citizens ever again trust the results when cops investigate themselves?
* How can citizens ever again assume that Internal Affairs investigations are objective and complete?
* How big does a lie by a police officer have to be before Chief Dillon considers it actionable?
* How long have Flowers and other officers been doing this -- and how long have (Internal Affairs Investigator) Christensen, (Police Chief) Dillon, and others been protecting them?
TODAY, there is something that YOU CAN DO so that these questions no longer have to be begged by the public. Nearly 75% of major US cities have adopted some type of external civilian review to protect their communities. That would require amending the City Charter, which must be approved by the City Commission, as representatives of the public. Procedures involving accountability and chain of command are very important in the efficient operation of any government.
Because Civilian Review Boards (CRBs) provide for an effective external review mechanism, they can be an extremely effective way to curb abuses. CRBs investigate citizen complaints, and make policy recommendations to police administrators and others about how to prevent abuses from occurring in the first place. Civilian oversight can spot problem policies and provide a forum for developing reforms.
Currently there is NO public forum for addressing this issue, in Key West. After the arrest of local publisher, Dr. Cooper, for writing about police corruption and abuse of powers, Key West City Commissioners spoke out about the ordeal. This was a very controversial act by a police chief. The annotated transcript of their comments are printed below for everyone to see.
SO, this is how YOU can make a difference. . .
Write the City Commissioners and ask them to address the issue of a Civilian Review Board (CRB) for Key West. Their email addresses are provided, as a courtesy, at the end of this action alert. Also provided is a sample letter supporting CRB´s. You may cut and paste from the sample letter and, if you wish, please add your own comments.
Your support is greatly appreciated as we are to begin a dialog in this community to address the police corruption and abuse of powers that has plagued this city for years. It´s been very embarrassing for Key West. The headlines all over the country. It made the Associated Press. The editorial in the St. Petersburg Times, National Public Radio. This is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences.
The members of the City Commission MUST acknowledge your concerns, or they will be responsible for NOT giving fair representation to the people of this community. Then let them put their heads together and come up with a clear consensus and direction of what we´re going to do. We hope our elected City officials hold dear, close to their hearts, the First Amendment rights of free press and free speech.
City Commissioner Carmen Turner summed it all up when she said, "I think we need to be about the business of the citizens of Key West and get to work."
We couldn´t agree more!
Please write today! If you´re pressed for time, simply cut and paste from the sample letter included at the bottom of this Action Alert. Let your voice be heard! Let´s get this dialog initiated NOW!
Thank you so much for your time and effort.
=======================================================
The following article is reprinted in its entirety. It was published on November 2, 2001 by "Key West The Newspaper" (KWTN) and was written as an editorial by Dennis Reeves Cooper, Editor & Publisher:
=======================================================
City Commissioners Speak Out On Police Chief's Arrest of KWTN Publisher.
Eleven days after the arrest, City Commissioners spoke out. Oosterhoudt was outraged. Anthony wanted a review. Bethel said that Chief's action may have been retaliatory. Weekly supported the Chief. Turner wanted to 'Move on'. McCoy and Curry took a 'No comment' position.
=======================================================
Now that the American Civil Liberties Union (ACLU) has announced that it will sue the City if Key West -- and, perhaps, Police Chief Buz Dillon personally -- for my wrongful arrest back on June 22 (for exposing incompetence and corruption in his department), we can't get any of the City Commissioners to comment on the case. But they did speak out at the City Commission meeting back on July 3, just 11 days after the arrest. That was also the day that State Attorney Mark Kohl dropped the charges against me -- but most of the Commissioners didn't have this information when they made their comments. Commissioner Tom Oosterhoudt made this announcement toward the end of the discussion period.
Here is an annotated transcript of the Commissioners' comments:
*** Commissioner Jeremy Anthony:
I have received many calls from constituents concerning the recent warrant issued to a local publisher. Many of their concerns are legitimate and deserve to be addressed. As a Commissioner, I have concerns as well.
I would like to make it clear that I have not and I am not calling for the resignation of anyone. To me, this is more about procedures than personalities. When a decision is reached by any department head that could have ramifications outside the department and into public domain, I would think the City Manager and the City Attorney would consent and advise and consult, and that the City Manager would ultimately make the final decision in such a situation.
It is not clear how this decision (to go after a warrant for the arrest) was reached, but it does seem clear that it was not a decision reached by the City Manager, and it was not one that he was actually aware of.
Procedures involving accountability and chain of command are very important in the efficient operation of any government. If there are not procedures in place governing this sort of decision-making process, I believe there should be.
I would like to see the City Manager present a review of all the circumstances leading up to this decision at our next Commission meeting. The Commission can then discuss this from an informed position. I think we have an obligation to everyone involved in this process to initiate a thorough review. And I hope my fellow Commissioners will agree and ask for such a review from the City Manager.
*** Commissioner Tom Oosterhoudt:
Commissioners, I totally agree with Commissioner Anthony and, what´s more, I never, ever want to see a department head take action of a retaliatory manner against the private sector again. I was very embarrassed for Key West on this, and the fact that this particular person (Police Chief Buz Dillon) had never signed an arrest warrant since he became Chief really bothered me, and then he decided to do it on this action. And I´m also upset that he´s not here tonight.
I think with all the commotion this past week . . . I´ve had emails from as far away as the Philippines complaining of abuse by our Police Chief. And like Commissioner Anthony, I am not asking for anybody´s job or anything like that, although I do think that the strongest reprimand is deserving at this point. I never want to see this again and, if I do, I will be the first one to say it´s time to have a new Police Chief.
It´s been very embarrassing for Key West. The headlines all over the country. It made the Associated Press. The editorial in the St. Petersburg Times, National Public Radio. I could go on and on. My emails have piled up. It was just amazing. This thing sent shock waves all over the country. The whole thing made me very sad. And I just never, ever want to see this again.
We´ve got members of the police force here tonight. And I have to say, we have a hardworking police force and I support the force strongly. And they don´t need this kind of scandal to hurt the force. We´ve come too far and worked too hard. And it was just unnecessary. To Mr. Cooper, who´s out there tonight (in the audience), on behalf of the City, I am just sad this happened. And I hope to never see this happen again.
*** Commissioner Carmen Turner:
In regards to comments made by Commissioner Anthony and Commissioner Oosterhoudt, I will say that I think there is a lot of misinformation out there. A lot of facts seem to have been distorted as emails went out and came back. And I think that´s unfortunate.
[NOTE: Despite all the "misinformation" that Commissioner Turner says is out there, she will refuse to support Commissioner Anthony´s appeal for a review to lay out the events that led to the arrest.]
I think, certainly, before we start saying apologies on behalf of the City, we need to take a look at what´s actually happening here and make certain that what we are doing is assuring our citizens that the laws will be applied evenly to everyone regardless of who they are.
I believe that this is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences. That´s sort of what I´ve been hearing from folks around town.
[NOTE: At this point, Commissioner Turner changes the subject. She asks the City Manager to work with AT&T to try to improve the quality of the TV broadcasts of the City Commission meetings.]
*** Commissioner Anthony:
I would like to clarify if we´re going to ask the City Manager to do a review concerning the circumstances surrounding the warrant.
*** Commissioner Turner:
I´m not asking for any . . . I´ve already had my discussion with the City Manager about this issue.
*** Commissioner Anthony:
I´ve had a discussion with him also, but I think the public is entitled to information, to be informed also.
*** Commissioner Harry Bethel:
I was going to hold back, but I need to make a comment. I received a letter from one of the most die-hard Conchs in this community. And I know Mr. Avael (City Manager) received it and you all (Commissioners) probably received it. It was written on yellow paper. He is definitely not a fan of yours, Mr. Cooper. But he holds dear, close to his heart, the First Amendment rights of free press and free speech. And so do I and so do most of the people.
I´m not going to get into whether what happened was legal or illegal, constitutional or unconstitutional. I do know that it (the law) is still a part of statutes and, as such, it´s still a law until it´s removed by the legislature.
But I think the timing was wrong. But most importantly, we pay our directors, our chiefs, our manager, our assistant manager, out attorney, our clerk very good money to do a very good job -- which, in most instances, they do.
But I think common sense comes into play. And what I´m hearing out there from my constituents is not one side or the other, but the perception and the timing. You´ve got articles that appeared in the paper and you´ve got the action taken by the Police Chief personally. And the perception out there is, yes, it´s retaliatory. I´m not sure that this is the case or not. It might be that he was enforcing what he perceived as the law.
But I think that what we need is communication between our top staff. Most importantly, between legal and the City Manager. Put their heads together and come up with a clear consensus and direction of what we´re going to do. Had that happened, we probably wouldn´t be here (discussing it) today.
*** Commissioner Oosterhoudt:
This morning, the "Key West Citizen" reprinted the same information that the Chief uses to arrest Dennis Cooper. So, by this standard, the whole editorial staff of the "Citizen" should be arrested if we´re going to apply the law, as another Commissioner mentioned, equally. But I´m glad to say that, at 5 o´clock, I received a call. The State Attorney is not going to prosecute this and it will not go forward. And I want to congratulate this State Attorney for doing the right thing -- when something is obviously an abridgement of the freedom of speech and has impugned the integrity of this community.
*** Commissioner Anthony:
If we´re not going to ask for a review, I would certainly encourage the City Manager to do everything within his ability to make sure that this kind of decision-making process does not happen again.
[NOTE: You´ve got to hand it to Commissioner Anthony. He doesn´t give up on getting a review of the circumstances and actions that led up to the arrest. Imagine that concept -- getting to the bottom of how and why the Police Chief took what appears to be a retaliatory action that blew up into a national scandal. You will note that Commissioner Turner and Mayor Weekely want no part of such a review.]
*** Mayor Jimmy Weekely:
I think all of us support the Constitution. The oath of office we all took to support the Constitution. The oath of office the City Manager took to support the Constitution and the ordinances of Key West. That´s the same oath the Police Chief took to uphold the Constitution and the ordinances of Key West, as well as the Constitution of the State of Florida. We all strongly support the First Amendment rights that we all cherish. There have been many lives lost defending those rights. We don´t have to agree with what is written in the paper, but it is the right by the Constitution of freedom of press.
However, I think there is another side of this issue that needs to be looked at also. And that is the obligation . . . if you are a complainant and an editor or reporter of a paper, there is a potential for a conflict that one should remove himself from and let someone else cover the story.
I feel our Chief made a decision. He went to a judge to issue the warrant. I think he followed the rules, just as he has on many other cases. If we ask him, before he files any papers to arrest anyone, they have to have the approval of the City Attorney and the City Manager, I think we´re going to be a long way from having anything happen.
I think there are two sides to this story. I think that all of the facts have not been brought out on this story. And, I think, in time, that everything will be brought out.
[NOTE: But not right now, apparently. For some reason, Mayor Weekely does not support Commissioner Anthony´s call for a review to find out what really happened. Go figure.]
One thing about the judge´s ruling (that the law used to arrest Cooper is unconstitutional). That ruling was in 1987. The Florida Legislature changed that (law) in 1991. So my understanding, from legal people I have talked to in the City, that this was an arrestable offense and that the Chief was correct.
[NOTE: If this is true, Mayor Weekely, why did the State Attorney drop the charges within just a few days of the arrest?]
There´s a lot of emotion about this because of the individual involved and the way it (the arrest) was done, maybe. Maybe it should have been looked at differently. Maybe there should have been some other ways to get the message clearer, as well.
But I really, truly think that if we start demanding our Chief, or any of our department heads, if we take the ability away from them to make the decisions that they are hired for, then we are not giving fair representation to the people of this community.
I think that a review process is not necessary. We have our own City Charter that we are all sworn to follow and the Police Chief is to make these decisions. Granted, I particularly do not totally agree with the way the decision was made. I think that maybe there should have been more discussion of the legal aspects of it with the State Attorney´s Office, with our own City Attorney.
But that´s the way it happened. It´s dreadful. I think it´s time, if the State Attorney is dropping those charges, then I think it´s time to just move on. We have more important issues in this City to face and to resolve than the issue that the Police Chief may have made an error in judgment.
*** Commissioner Anthony:
I want to make it very clear. I do not want my opinion misconstrued by anyone. I was not calling for a review of every decision by every department head. I clearly said in my remarks that any case where it affects beyond the department into the public domain, there should be some consultation. I just wanted to clarify that.
*** Commissioner Bethel:
You (speaking to Weekely) kind of took what I said and used it in your context when you needed it and threw it the other way when you didn´t need it. What I said was that department heads need to use common sense. This incident involved the free press and it involved the Chief of Police. He should have referred it to legal (the City Attorney). The City Attorney could have reffered it to the State Attorney´s Office. But a consensus between legal, the City Manager, and the Chief would have been able to come up with, maybe, a different decision.
Now, where he is the Chief and one of his officers -- lieutenants, captains, whatever the case may be -- goes to him with a situation to get a warrant, then, yes, he makes the decision. But this involved the Chief personally. That´s all I´m saying. I´m not questioning whether he was right or wrong. I´m not even questioning whether it was legal or illegal. None of that. It´s just the process and the perception that´s out there.
*** Commissioner Oosterhoudt:
Following what Harry said, I think it was a given. This was a very controversial act by a police chief. This was the very first time he had signed a warrant since he has been our chief. It was unique. It was unusual. And he had to know it was controversial. And the fact that he didn´t go to staff really, really is upsetting.
And I´m not suggesting that we second guess everything that he does, but I think it was a given that this was a very, very controversial act. And it did involve freedom of speech, freedom of the press and I found it reprehensible myself.
*** Commissioner Turner:
Now is the time to move on. We have some major issues facing us that are going to involve the Police Department. I know I do. I have some issues for my constituents that need to be addressed and I would hate to see those efforts be hampered by any sort of undue agitation of this issue. I think we need to be about the business of the citizens of Key West and get to work. I´m sort of ready to move on.
[NOTE: Two of the seven City Commissioners had nothing to say about the arrest: Merili McCoy and Percy Curry. Curry has since retired and has been replaced by Commissioner Ed Scales, an attorney who understands the First Amandment´s protections of free speech and free press.]
=======================================================
To contact Key West The Newspaper for confirmation:
Editor/Publisher: Dennis Reeves Cooper, Ph.D.
422 Fleming Street
P.O. Box 567
Key West, Florida, 33041
(305) 292-2108
e-mail: office [at] kwtn.com
=======================================================
* ACTION ALERT *** ACTION ALERT *** ACTION ALERT *
=======================================================
Please forward to all of your Florida Keys friends!
=======================================================
WHAT CAN I DO?
(1) Write a letter to send to the Mayor, City Manager, and members of the the City Commission. Or you may simply cut and paste the following sample letter text into your e-mail browser.
(2) Be sure to include your name, address, other contact info, and the date at the head of the letter. Also, don't forget to "sign" it at the conclusion.
(3) Use the snail mail or email addresses and fax numbers listed below. It is easy to cut and paste all of the email addresses into the "send to" box in your email software and then send your message simultaneously to all City officials.
(4) Join our grass-roots action campaign to build support for a Civilian Review Board for Key West. Simply reply to this e-mail and let us know you are interested! Please type "GRASS ROOTS ACTION!" as the subject header.
(5) Attend the next City Commission meeting in person and show your support for a Key West CRB. During the appropriate time, you may be able to make brief comments and ask the Commission to begin a dialog for discussing this issue. The next meeting is on Tuesday, December 4, at 6p.m.
=======================================================
* SAMPLE LETTER * SAMPLE LETTER * SAMPLE LETTER *
=======================================================
Please forward to other concerned Key West Citizens!
=======================================================
[YOUR NAME here] [TODAY'S DATE]
[YOUR ADDRESS here]
[YOUR ADDRESS here]
Mayor Jimmy Weekley
525 Angela Street
Key West, Florida, 33040
RE: Civilian Review Board for Key West
Dear Key West Mayor and City Commissioners,
Because members of the Key West Police Department have been shown to lie under oath to garnish illegal convictions, and because police field commanders have actively prevented citizens from filing formal Internal Affairs complaints by violent retaliatory actions, and because the Internal Affairs Office has refused to investigate these citizen complaints, and because the Chief of Police has illegally arrested a local newspaper publisher for writing about corruption and incompetence in the police force; local citizens have recently asked the following questions:
* How can citizens ever again trust the results when cops investigate themselves?
* How can citizens ever again assume that Internal Affairs investigations are objective and complete?
* How big does a lie by a police officer have to be before Chief Dillon considers it actionable?
* How long have Flowers and other officers been doing this -- and how long have (Internal Affairs Investigator) Christensen, (Police Chief) Dillon, and others been protecting them?
Civilian Review Boards (CRBs) provide for an effective external review mechanism; they can be an extremely effective way to curb police abuses. CRBs investigate citizen complaints, and make policy recommendations to police administrators and others about how to prevent abuses from occurring in the first place. Civilian oversight can spot problem policies and provide a forum for developing reforms.
Currently there is NO public forum for addressing this issue, in Key West. The following items must be addressed to begin to answer the questions posed above:
TEN PRINCIPLES FOR AN EFFECTIVE CIVILIAN REVIEW BOARD:
(1) INDEPENDENCE. The power to conduct hearings, subpoena witnesses and report findings and recommendations to the public.
(2) INVESTIGATORY POWER. The authority to independently investigate incidents and issue findings on complaints.
(3) MANDATORY POLICE COOPERATION. Complete access to police witnesses and documents through legal mandate or subpoena power.
(4) ADEQUATE FUNDING. Should not be a lower budget priority than police internal affairs systems.
(5) HEARINGS. Essential for solving credibility questions and enhancing public confidence in process.
(6) REFLECT COMMUNITY DIVERSITY. Board and staff should be broadly representative of the community it serves.
(7) POLICY RECOMMENDATIONS. Civilian oversight can spot problem policies and provide a forum for developing reforms.
(8) STATISTICAL ANALYSIS. Public statistical reports can detail trends in allegations, and early warning systems can identify officers who are subjects of unusually numerous complaints.
(9) SEPARATE OFFICES. Should be housed away from police headquarters to maintain independence and credibility with public.
(10) DISCIPLINARY ROLE. Board findings should be considered in determining appropriate disciplinary action.
There should be more discussion of the legal aspects of it with the State Attorney´s Office, and with the Key West City Attorney. Please encourage the City Manager to do everything within his ability to make sure that this retaliatory kind of decision-making process does not happen again. The Chief of Police and all of the members of the KWPD must never take action of a retaliatory manner against the private sector again. A non-repetition guarantee must be given to those directly affected by police abuse of powers, and to our community as a whole, that it won´t happen again.
This is what people ultimately want to see. They want to know that regardless of who you are, whether you are a police officer, or even a City Commissioner, that if you do something you´re not supposed to do, that there are consequences. Otherwise, there is not fair representation being given to the people of this community.
Let´s get this dialog initiated NOW!
Thank-you so much for your prompt attention to this urgent matter.
Respectfully,
[YOUR NAME and EMAIL "sig-file" here]
cc: The Key West City Manager, City Attorney, and all members of the City Commission.
=======================================================
The following contact information is published at:
http://www.keywestcity.com/
=======================================================
MAYOR:
Jimmy Weekely
525 Angela Street - 2nd Floor
(305) 292-8102
FAX: (305) 293-6425
E-mail: JWeekley [at] keywestcity.com
CITY MANAGER:
Julio Avael
525 Angela Street
(305) 292-8100
FAX: (305) 292-8234
E-mail: JAvael [at] keywestcity.com
CITY ATTORNEY:
Bob Tischenkel
605 Simonton Street - 2nd Floor
(305) 292-8110
FAX: (305) 292-8227
E-mail: Attorney [at] keywestcity.com
CITY COMMISSIONERS:
(1) Tom Oosterhoudt (DISTRICT I)
(305) 296-6088
E-mail: TomO [at] oosterbooster.com
(2) Merili McCoy (DISTRICT II)
(305) 296-5123
E-mail: merilimccoy [at] compuserve.com
(3) Edwin A. Scales, III (DISTRICT III)
(305) 292-8950
FAX (305) 296-6629
E-mail: EScales [at] keywestcity.com
(4) Harry Bethel (DISTRICT IV)
(305) 292-8114
E-mail: HBethel [at] keywestcity.com
(5) Jeremy Anthony (DISTRICT V)
(305) 296-0436
E-mail: JAnthony [at] keywestcity.com
(6) Carmen Turner (DISTRICT VI)
(305) 292-4634
FAX: (305) 293-6425
E-mail: carmenturn [at] aol.com
=======================================================
The organizations below offer detailed insight into the successes and shortcomings of contemporary civilian review agencies nationwide.
Amnesty International:
http://www.amnestyusa.org/rightsforall/police/nypd/index.html
Human Rights Watch:
http://www.hrw.org/reports98/police/uspo22.htm
American Civil Liberties Union (ACLU):
http://www.aclu.org/library/fighting_police_abuse.html
=======================================================
To contact Attorneys for Steven Lecklitner for more information and confirmation into events leading to the Florida State Attorney investigation into Key West Police Department excessive use of force and abuse of powers complaint:
Law Offices of Cornelius Shiver
3337 Thomas Ave.,
Miami, Florida, 33133
(305) 441-8202
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