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Indybay Feature

Good News! City of Key West addresses Civilian Review Board

by Steven Lecklitner (legalise_freedom [at] yahoo.com)
Congratulations! Thank you all SO MUCH for your tremendous response and for letting your City Commissioners know your views about establishing a Civilian Review Board for Key West. WE THE PEOPLE, a quaint little term coined by a group of subversive radicals with a high price on their heads, from another age, left us with a legacy of self determination. Our founding fathers gave us the means to make choices about governing ourselves. Now let's follow through and build a sturdy house of our own.
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** RESULTS ** RESULTS *** RESULTS ** RESULTS **
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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

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Congratulations! Thank you all SO MUCH for your tremendous response and for letting your City Commissioners know your views about establishing a Civilian Review Board for Key West. WE THE PEOPLE, a quaint little term coined by a group of subversive radicals with a high price on their heads, from another age, left us with a legacy of self determination. Our founding fathers gave us the means to make choices about governing ourselves. Now let's follow through and build a sturdy house of our own.

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Key West City Commissioners have decided to examine the pro's and con's of a Civilian Review Board (CRB). Citing numerous e-mails from local citizens, Commissioners gave City Manager Julio Avael and City Attorney Bob Tishenkel the task of performing a feasibility study and a financial estimate for establishing a Key West CRB. This report is to be presented at the next City Council meeting. It is likely that a public comment session will also be conducted. If you haven't done so already, now is the time to let your views be heard. A dialog has been opened and a public forum on this issue has thus been created.

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.

The Mayor and every member of the City Commission admitted they do not know exactly what a CRB is, but have stated that if the community is asking for one, they are open to suggestions. The Mayor specifically told Mr. Avael to present a comprehensive report, and not to sweep this issue under the rug. He wanted to make sure a full cross-section of the community is involved and also asked for expert advice from other communities who have been through the process before.

None of the commissioners had a specific view point on CRB's. We are breaking new ground here. Commissioner Oosterhoudt said he "felt" the police were improving, but he also wanted more information. In response to that we would like to point out that there are no statistics and no data available to show any improvement. There couldn't be, because those things are not being compiled. That is one function of a CRB, and public reporting of the resulting data is the only real way to measure any improvement of police abuses of power.

The cost of implementing and managing a CRB will be an important issue. Critics of CRB's often point out that under-funding is a common problem. A CRB lacking in resources is likely to be ineffective. We would suggest that as a minimum, budgeting should be equal to or exceeding that appropriated for the current police Internal Affairs (IA) office. You should be aware that the City of Key West is currently facing a series of Federal lawsuits over excessive use of force, abuse of powers, corruption, and free press issues, among other things. These suits will set a precedent for others to follow. If everything remains business as usual with the KWPD, the total cost of these suits will be staggering. Then, the City will likely be forced to institute a CRB anyway, just to stop the hemorrhaging.

As important as considering the cost of creating a CRB is to consider the potential cost of NOT doing so.

According to police Sgt. Alan Newby, commander of the KWPD Bureau of Professional Standards, a new investigation and inquiry system was established this past July. We applaud that action. However, there has been an Internal Affairs (IA) office here for decades. Are we then to conclude that this IA office has only recently started to seriously field citizen complaints? It is interesting to note that the "new" system is staffed by the same OLD faces. What are we then to think?

Accepting this new process as a solution to the problem is a little like letting the foxes guard the hen-house. Wouldn't you agree? An effective CRB must be independent from the police, reporting directly to the City, and such an office should provide regular public reports on its activities as well.

A CRB must have mandatory police cooperation, and access to police records. It must have subpoena powers and the ability to hold hearings as well as authority to discipline offending officers. Barriers to filing complaints should be removed. For example, individuals wishing to file a complaint alleging police ill treatment, whether with a citizen review agency, or a police department official (or other office), should be provided with clear instructions, simple forms, and telephone contact to check on the status of the investigation.

There must be no more personal vendettas, no more frivolous arrests, no more retaliatory actions against the citizens of this community. We are US Citizens. We elect our city government. We are not ruled by feudal land Barons. Therefore, the CRB board and staff must reflect the whole community. A hand picked group of "yes men" simply won't do.

For example, there have been reports that some bikers in our community feel they are singled out unfairly and harassed by the police. Perhaps this is one group organized enough to provide a representative. It is also very likely that the gay and lesbian community has felt unfairly targeted as well. Surely this group could provide a spokesperson. Minority groups should become involved. And what about the homeless people? Is it possible that there is someone from this group competent enough, and able and willing to invest the time and energy necessary to make a difference? You just might be surprised.

This e-list is national in scope. People from many communities across the nation are watching what we do. Key West was the laughing stock of America when the police Chief arrested a local publisher for reporting on corruption and incompetence in his department. But we also have something in our favor. This community is small enough and close knit enough to pull together and present a real solution. If we do so, the nation will see that as well, and that's no joke. . .

There are ten principles for an effective civilian review board that will put us well on the road to healthy change. They are listed below. Please take a moment to review these items.

Also, please write a short note to the Mayor and the City Commission thanking them for taking a courageous step and opening this dialog. Let them you know you support the police. And remind them that you will not accept a paper tiger. Do it TODAY!

We will keep you informed of the progress as it occurs. We will remind you when the City Council is meeting. We have a real opportunity here to create our own destiny for the greater good of everyone in this city, locals and tourists alike. We can do without little sayings like, "Come on vacation, and leave on probation." Surely, the Tourism Development Council (TDC), the Key West Business Guild, and the Chamber of Commerce would agree.

Perhaps all of these actions taken together would assist with the transformation of a corrupt and incompetent group hiding behind the color of law, into a professional policing agency deserving the respect and admiration of our community. And that is, after all, what we all want, right?!

If we all do a little, we can do a lot. . .

Once again, Thank You So Much for all your help!

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TEN PRINCIPLES FOR AN EFFECTIVE CIVILIAN REVIEW BOARD:
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(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.

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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

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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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If you would like to receive future updates and information at a different e-mail address, please reply to this message and let us know where you would like to receive it. Please type "CHANGE ADDRESS" as the subject header.
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