Vote on review board uncertain
Allegheny County Council remains divided on police oversight
A bill that would create a board to investigate accusations against Allegheny County police — and potentially against some suburban officers, too — moved Wednesday toward a vote of the full Allegheny County Council but without an up- or- down nod.
With several council members on the fence, it was unclear whether it would have the votes to pass at council’s regular meeting Tuesday. The positions of some council members could become clear by week’s end.
A special committee of the whole was created to meet on the bill, and there was no vote to move it out of that committee at its Wednesday meeting. Instead, reports in favor and opposed to the bill, which any member can join, will be created by Friday.
The likely outcome of the vote was not clear Thursday, with the Democratic caucus — 11 of the council’s 15 members — not unified.
“How this will turn out, we don’t know,” said Councilman Paul Klein, D- Point Breeze, who is sponsoring the bill with Councilman Dewitt Walton, D- Hill District.
The bill would initially cover only the county police department, but any county municipality lacking its own board could opt in. Leaders of one borough, Sharpsburg, have said they
would be interested in signing up.
Calls for such an ordinance were ignited by the killing of 17- year- old Antwon Rose II by East Pittsburgh police Officer Michael Rosfeld in June 2018. Mr. Walton and Mr. Klein held public hearings on the issue and introduced the bill in December.
University of Pittsburgh law professor David Harris was invited to speak on the bill and argued that civilian police oversight is necessary for the public to have trust in the police.
He also suggested that while the board would initially cover only the county police, its responsibility would likely grow, as more communities sign on and as the county police potentially take on a greater role. In 2017, Wilmerding became the first municipality to hire the county to handle day- today police duties.
The ordinance creates a board with the ability to investigate allegations of misconduct but no power to compel action. If an agency does not hand over documents or witnesses, the board would be able to ask the courts to intervene. If it determined that misconduct occurred, it could refer the case to state or county prosecutors, or recommend that the police department discipline the officer or make reforms.
The ordinance requires that if the board receives what it believes is a false accusation, it refers that to the district attorney’s office as well. The board could respond to complaints filed by citizens or open investigations at its own discretion.
Municipalities would also have the option to opt in only for review of their policies and procedures without bringing in the board to investigate complaints.
“This gives police departments in these towns an incentive to come forward and join, because this gives them valuable advice,” Mr. Harris said.
“It’s true that [ Antwon’s death] last year was a tragedy,” said Council Vice President Nick Futules, D- Oakmont. “How can a police review board prevent a tragedy from happening?”
“You have an opportunity to catch a problem before something even worse happens,” Mr. Harris said.
Mr. Harris also argued that while the board would cost money, it could help prevent incidents that cost even more money when they provoke lawsuits or large- scale unrest.
But a couple of questions from council members gave
— Michelle Kenney, Antwon Rose II’s mother
Mr. Harris pause. In response to a question from Pat Catena, D- Carnegie, about the bill not allowing cross- examination of witnesses, Mr. Harris said, “If I was drafting this myself, I would maybe want that to be different.”
Mr. Catena said after the meeting that without a change to that provision, he would not vote for the bill. Mr. Walton said that they would not allow any amendments ahead of Tuesday’s votes, but would consider making changes if it passed.
Councilman Paul Zavarella, D- Plum, was concerned that while the bill provides the accused with a right to counsel, perhaps a police officer would be unable to pay for a lawyer. Mr. Harris said many officers would have union lawyers, but added, “I agree that’s an issue.”
Mr. Zavarella said he was undecided, as did Councilman Bob Palmosina, DBanksville.
Mr. Catena was joined in opposition by Councilman Sam DeMarco, R- North Fayette. Mr. DeMarco questioned why the county would create its own board, rather than work with the existing city review board.
“People take it as, either the county does it or it doesn’t happen. These municipalities could create their own boards,” Mr. DeMarco said after the meeting. He also argued that there are plenty of avenues for oversight, such as local elected officials and the district attorney.
Following Mr. Harris’ remarks and questions from council members, 14 members of the public spoke, 11 in favor of the bill. Mr. Walton noted that those commenting were “overwhelmingly in favor,” which he said marked a change from the public hearings last year.
“There is no way you can expect the police to police the police,” said the final public speaker, Michelle Kenney, Antwon’s mother.
Ms. Kenney said she had not intended to speak, but, “When I kept hearing Antwon’s name over and over, it’s heartbreaking. They’re acting like it’s just about Antwon. It’s not. You never know what could happen.”
“There is no way you can expect the police to police the police.”