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Indybay Feature

Time is Right to Revisit Creation of a Citizens Police Review Board

by Steve Pleich (spleich [at] gmail.com)
A Citizens Police Review Board Could Benefit the Community
In a previous article, I wrote in support of the concept of citizen oversight of law enforcement in the City of Santa Cruz. I believe that we are now at a time and place in the affairs of our community that such a board is not only needed but essential if we are to preserve our freedoms and diversity. In that article, I noted that the review board which was created almost two decades ago was hamstrung by parochial politics that persist to this day and was disbanded amid frustration with the process and a lack of substantive impact. And although that noble but ill-fated effort is now history, the question remains: How would that model of citizen oversight apply to present day Santa Cruz, to our common interest in the protection of individual rights, including those of people of color and people experiencing homelessness, and to the pursuit of public safety?

In my time as city resident, I have seen a growing concern for public safety coupled with an expanding public mandate for law enforcement to use whatever means and methods they thought best to curb the perceived uncontrolled growth of the homeless community. More recently, those policies seemed to have been tailored to address people of color as well. Indeed, one does not need to be a social scientist to understand that the dynamic balance between protecting basic freedoms and the duty to maintain public safety has shifted dramatically over the past few years. I have watched our elected officials support a marked and noteworthy increase in the number of sworn officers serving in the police department while seeming little concerned about the chilling effect heightened police presence inevitably creates in the community at large. But it is not the expansion of the police department or the overarching presence of law enforcement in our community that concerns me most. Rather, it is the singular lack of citizen participation in the development of these policies and the complete absence of ordinary citizen oversight of this ever-expanding aspect of our community.

It is often observed that police officer training is almost entirely devoted to intelligence gathering, weapons proficiency and police procedure. They are only tangentially trained in nonviolent conflict resolution and community relations. And here I will say that this is not entirely their fault. The officer on the street is only as good as the training he or she receives and clearly they are not receiving the kind of training and input that would create not only an enlightened police force with a clear understanding of the diversity that exists in our community, but a more efficient department as well.

Every incoming police administration in recent times has called for a policy of positive engagement to bridge the perceived divide between law enforcement and the community at large. In point of fact, if this chasm were not real and existing, there would be no need to call attention to it as a matter of departmental policy. But what the department has failed to recognize is that the citizens of our community know a few things about public safety and the protection of individual rights. They know that law enforcement alone cannot make the community safe. They know that true public safety can only be developed and sustained in an atmosphere of trust, accountability and inclusiveness. They know that individual liberties are a bedrock value that must be honored and preserved. And they know that community engagement is the foundation of wise and forward thinking public safety policy. So the question becomes: If we accept these statements as true, how are we to actualize them in ways that best benefit our community as a whole in all of its present diversity?

I respectfully suggest the creation of a nine-member Citizens Police Review Board composed of representatives of neighborhood groups, homeless and behavioral health advocates, organizations representing people of color and social service providers who would be charged with review of police policies and procedures and tasked with oversight of our police department. Understand that when I say “oversight” I do not mean control. Such a board would be committed to ensuring that the City of Santa Cruz has a police department that acts with integrity and administers justice fairly and evenhandedly for all of its residents. However, to insure the independence of such a body, the board would consult directly with the police department and would pass along advisory opinions to our city council for informational purposes only. That is the only way to “depoliticize” the process while creating a clear line of accountability between the community and the department.

On issues of operational policy and commitment of resources, any such board would need to have direct input to achieve any degree of real effectiveness. The obvious benefit of this input would be that resource allocation and policing priorities would more accurately reflect the community’s concerns, providing a more inclusive base of opinion about how best to make safe our city while giving equal weight to the preservation of civil liberties. For example, if the board felt that public safety would best be served by spending more money on gang suppression and less on petty theft investigations, resources could be allocated accordingly. If the board recommended more money be devoted to the investigation of sexual assaults and less to enforcement of the so-called “quality of life” ordinances such as the camping ban then that policy could drive fundamental reallocation of resources. Although ultimate decisions would continue to be the province of the department and its chain of command, a citizens review board with independent authority would have the power to make recommendations to the Chief concerning substantive policy and procedure.

Lastly, the broad issue of police conduct in the ordinary course of serving and protecting our community is something every citizen has a right to be concerned about. A Citizens Police Review Board would provide the voice we need to make sure the conduct of local law enforcement truly reflects our values as a community.
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by Observed
Steve, Fresno has a board similar to what you're proposing. Our police department has had, for 14 years, a Chief's advisory board. The group is selected by the chief from applications and includes a diverse cross section of the community. The purpose of the board is to provide community input to the PD. Representatives from the faith community, ethnic groups, the LGBT community, and Neighborhood Watch are among the members. They meet with the chief and department leadership a minimum of six times a year.

There appears to be one key difference Steve between the Fresno board and what you're proposing is that the Fresno board operates behind closed doors. They have to maintain the confidentiality of what's shared. Information may not be publicly shared unless the chief agrees.
A review board will do little to change things in a meaningful way. A review board is a path to co-option and delay.

Legal action, on the other hand, can be effective. Finding lawyers brave enough to play to win will be difficult. The sooner the search begins, the better.

While we wait, a good study guide is Police Misconduct: Law And Litigation by Rudovsky, Blum, and Avery.
by Workers Revolution
Political power is the only solution to the murderous cops. These cops are in the service of the political system that orders and feeds it. When you have political power you control the police force. Very simple. The honest and tough job is building the political organization that the working class, poor and minorities need in this country to end the power of capital over labor. A "police review board" is nothing more than a diversion from class struggle. Depending on a paid lawyer to change the system is tantamount to believing the tooth fairy left you that quarter under your pillow. Wake up and smell the corruption and the U.S. militaries international serial murder. When the working class and poor take power they will have control of the police force and you can best believe that bankers, stock brokers, real estate speculators will not be handled with kid gloves if they insist on continuing their thievery.
by Robert Norse
The liberal urge to "tinker with" and "reform" is quite familiar. I'm also guilty of long sentences and ponderous language. However, to check out specific concerns with police review in Santa Cruz, we need to

(a) review why the previous effort first failed and then, when it started to address issues, was destroyed by a SCPD-compliant City Council in 2003,

(b) determine how any govt. board could ever get past the Copley decision (mandating confidentiality of all police personnel matters in California),

(c) understand that real issue is the basic power structure in Santa Cruz that enthrones the Downtown Association, the Boardwalk, wealthy realtors, and other financial interests as well as powerful right-wing groups that collude with the SCPD (such as Santa Cruz Neighbors, Take Back Santa Cruz, Downtown Neighbors and others with proto-fascist policies towards the poor).

(d) realize that accordingly power has to be mobilized to withstand and effectively confront the SCPD and those it serves--not through a captive "policy board" which "recommends" to the police chief (exactly what we had before), but rather through organizing and empowering groups regularly impacted by the SCPD's class and race profiling, the Councils bend-over subservience through massive appropriation of resources for the SCPD's low-grade class warfare.

Stacking the boards of directors of antiquated and gutless organizations that have been clearly unwilling to name names, support particular cases, and publicly press for real change simply doesn't work. The institutional inertia and reaction is simply too powerful. I refer to the NAACP, SCCCCR, ACLU, and other groups that raise funds and ignore local issues.

I don't know why Steve is repeating the same suggestions he made before (See "" at

I suggest numerous fundamental reforms need to be pursued, not simply discussed. See "Hands Up! Don't Shoot! I Can't Breathe" at https://www.indybay.org/uploads/2014/12/06/saturday_12-6_protest_flyer_later.pdf
by G
Which worker revolutions have held?

Which police review boards have held?

Meanwhile, back in Ferguson; yesterday a federal judge ruled that LEO can no longer deploy preemptive tear gas. Future violations carry potentially large violation price tags, one of the few deterrents capitalists respect. Perhaps that means that LEO can not be used to preemptively suppress dissent, and perhaps a future ruling will quash the preemptive loophole, and perhaps the ability to express dissent will lead to broader changes. Or perhaps LEO will violate that injunction, yet another example of Rule Of Farce, leading to exhuastion of redress (see also: Declaration Of Independence).

I don't know if or how the lawyers were paid, for that successful legal action in Ferguson. I am reasonalby certain no 'Santa Cruz lawyers' were used in that effort.
by one determined person can make a difference
you don't even need an organization, one person can start a picket. if you are persuasive, you can block the ability of capital to do business there. the cops are killing for capital as you point out. if capital is made to pay every time the cops misbehave, that misbehavior will stop. i am not talking about breaking shit or rioting, that just leads to more cops and riot tanks. i am talking about spoiling capital's markets.
no one likes a picket in front of their business, and that gives you political power if you are determined not to give up.
but most activists have no political power, because they would much rather have a meeting or tell other activists what to do.
by Robert Norse
Steve Pleich's earlier article is "A Civilian Police Review Board Could Benefit the Homeless Community" at https://www.indybay.org/newsitems/2014/04/30/18755067.php .

My comments on the proposal then are still relevant: https://www.indybay.org/newsitems/2014/04/30/18755067.php?show_comments=1#18755912 .

One wonders if these proposals are a way of maintaining a "credible" posture. As angry concerns rise from the streets that demand real change, one may feel the need to present some "solutions". I do it, for sure. Unfortunately they can often serve as tools to cool off anger, to divert people into established (and ineffectual or counterproductive) organizations.

But the solutions have to come out of the commitment, the rage, and the actions of those who have been held down all these years, not those scampering to find ways to maintain calm.
Unfortunately being a politician, well meaning activist Steve Pleich doesn't demand what oppressed people worldwide — like in Ferguson, Missouri — are demanding. They don't just want a mere redress of a few grievances under the hypnotic buzz word "reform": they're demanding accountability in the form of systemic regime change — they want heads to roll (in a figurative sense unlike the French Revolution).

An angry public demands justice. They want serious, persistent investigations by the FBI followed by piercing, harsh prosecutions by USDOJ attorneys. The people suffering under the police state jackboots throughout our nation slipping into fascism will not accept piecemeal platitudes. The oppressed demand a systemic assault on corrupt institutions which serve the rich and influential instead of the common people. They want our government back!

They want those responsible for the state violence to be held accountable: harsh federal prison terms for brutal police officers, their sanctimonious superiors sanctioning and directing them, and for preening politicians legislating their fascist takeover by committing crimes against humanity — i.e. violating the Nuremburg Laws — by legislating the illegal demonization then consequent cleansing from the community of entire classes of people based upon their group membership not on any identifiable criminal characteristic. This is precisely what Hitler's cohorts were hanged for. They targeted marginalized, vulnerable populations to skapegoat as illegitimate domestic security threats to cement their power over a frightened public for their demonic agendas.

It's not accidental that what's happening in Santa Cruz closely follows the pattern of fascist takeovers of states including but not limited to: Italy, Germany, Spain, East Germany, Poland, Czechoslovakia, Serbia, Greece, Portugal, Ukraine, Indonesia, Vietnam, Korea, Japan, Palestine, Chile, Argentina, Paraguay, Brazil, El Salvador, Guatemala, Honduras and to some degree Mexico.

In all cases:

• a hyped up domestic security threat
• marginalized groups targeted
• democratic institutions co-opted then destroyed
• secret surveillance systems to spy on and instill fear
• extralegal prisons (e.g. internal gulags) constructed and filled with widening groups deemed threats to the state and status quo
• vertical integration of security apparatuses — like security guards, police officers, extralegal armed vigilante groups (e.g. Take Back Santa Cruz) and the military
• destruction of or outright flouting the Rule of Law.

We don't have time to dawdle with police review boards: we need a total takedown of the status quo followed by a rational, humanistic reconstruction of society.

Wake up Steve!!!
by Robert Norse
...but perhaps John can cite any instances in recent years where DOJ or FBI have been helpful in reining in local fascistic behavior by police departments?
by John Cohen-Colby (john.roncohen.colby [at] gmail.com)
... but a question of why President Obama and the Democrats in Congress haven't required the FBI and the USDOJ to perform this role. The People have the ability to make the government serve us: this includes the FBI and the USDOJ. If we push hard enough we can force these institutions to perform their stated mission of protecting people's civil rights and punishing abuses of power under color of law, police violence, fraud, public corruption and so forth.

We can make the FBI and the USDOJ do this. It's not a question of have they in the past, but more a question of why the people haven't forced them to. This is what retaking our government is all about. It's called (aggressive yet peaceful) radical regime change then a consequent social transformation. That's how the people make a revolution and follow through on it.

Robert: read some more Howard Zinn....read your history!
by Robert Norse
...into distant, unresponsive, and calcified establishment agencies and bureaucrats in hopes they'll "investigate" has always seemed to me a waste of time--based on a kind of exaggerated respect for authority and a touching but ridiculous belief in "established channels". If that's what you want to do, do so. But when you passionately urge other people to support efforts in this direction as though they're likely to be successful, I say present evidence of success or stop shouting from the rooftops. And reassurances from these agencies that they're "interested" does not equal success.

It reminds me of those who believe in talking to City Council in the serious hope that they'll listen. Perhaps because that what we've always been told is the right way. In reality, it's naivetee, self-delusion, and/or rote conditioning.

There's actually more reason to talk at (rather than to) local bodies like City Council than to distant federal ones. In the local case, you're also talking to the community. Local bodies will more quickly feel pressure if a genuine community movement develops.

I understand the theory of turning one government agency against another, and in some cases it might work. And if this is one's accustomed way of protest and exposure (each of us has our preferences), do what suits you. I do appreciate your sincerity, energy, and video work!
by G
Please do, Robert!

I remember how you, Becky, and Ed tossed PC2010 protesters aside like so much 'naughty boy' cannon fodder once a Council Member granted your egos a meaningless audience. There they were, standing on the corner, pissed off at the mistreatment, watching y'all grovel at the feet of an oppressor, on a (now non-existent) bench. Do you even remember who they were?

But you got some tape, and a few hugs, so it was a success, right?

Perhaps history will recognize that y'all were a part of the problem, for decades.
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