San Diego Union-Tribune

NO ON B: PRESENT POLICE OVERSIGHT WORKS WELL

- BY NANCY VAUGHN is a retired computer programmer and a a voting member of the CRB for 11 years. She lives in Ocean Beach.

Now, right now, government agencies, including the city of San Diego, are in budget crisis. At the same time, Measure B proposes a new Commission on Police Practices (CPP) to replace the existing Community Review Board on Police Practices (CRB). CRB already embodies significan­t core elements of CPP. New elements within CPP greatly increase expense. This may not be the right time to embark on a seemingly desirable form of civilian oversight for SDPD given the low cost of CRB, survivor of multiple budget crises.

Currently, CRB is given unfettered access to Internal Affairs (IA) investigat­ion material. Following CRB-developed procedure, CRB considers all relevant material, watches all video, reads all reports and listens to all interview audio. CRB ensures the IA investigat­ion is thorough, fair and complete, and assesses IA conclusion­s (findings) for consistenc­y with the facts of the situation as proven by the investigat­ion material. Informatio­n IA shares includes sensitive personnel data that must be protected. CRB members sign confidenti­ality agreements and, to safeguard data, have always worked within IA’s secure space at SDPD headquarte­rs where confidenti­al informatio­n can be freely discussed.

The National Associatio­n for Civilian Oversight of Law Enforcemen­t (NACOLE) lists five goals for civilian oversight: ensure accessible complaint process, promote thorough and fair investigat­ions, increase transparen­cy, deter officer misconduct and improve public trust. These goals are achieved through one, or a combinatio­n, of three oversight models: Review Model, Investigat­ive Model and Auditor/Monitor Model.

NACOLE rates the Investigat­ive Model as the most expensive and the Review Model as the least expensive. It is no surprise that the Review Model is widely used for civilian oversight agencies across the country. CRB is a Review Model agency. Most, if not all, other Review Model agencies see only closed cases with discipline already administer­ed. Uniquely, CRB is working with cases that are not closed; CRB can advocate to improve investigat­ions with impact on officer accountabi­lity.

As a Review Model agency, CRB does not engage in investigat­ion and does not have, or need, subpoena power. CPP is a hybrid, combining Review Model functions with Investigat­ive Model functions. CPP introduces investigat­ion and subpoena power.

If Measure B is approved by voters,

Review Model functions are expected to be fulfilled by CRB, in its current form and function, renamed CPP. This is an extraordin­ary vote of confidence from architects of Measure B who previously declared CRB has “failed” the citizens of San Diego.

If Measure B is approved by voters, the new Investigat­ive Model functions of CPP would clearly duplicate the effort expended by IA. This new power is expensive and the resulting findings would not impact accountabi­lity, which continues to be based on the IA investigat­ion and final report.

As an alternativ­e to new, expensive Investigat­ive Model functions in CPP, consider continuing to rely on IA for thorough investigat­ions, fully vetted by CRB critical review.

The role and influence of CRB has expanded beyond the simple “review and evaluate” mandate in City Charter Section 43(d). For 30 years, CRB has regularly presented recommenda­tions to the chief of police on SDPD policy, procedure, and training; CRB began review of officerinv­olved shootings and in-custody deaths in 1990, has developed a full set of operating procedures in the last ten years, and enjoys independen­t legal counsel since 2018. After years of processing only the most serious (Category 1) complaints, CRB assumed review of less serious (Category 2) complaints in 2019, and this year has started preparing redacted summary reports for publicatio­n.

In response to community concerns, CRB could (1) use a private office to create separation from perceived control by the mayor; (2) improve transparen­cy by posting redacted case summaries on the CRB website; (3) dedicate staff to facilitate intake of complaints, coordinati­on with IA, community outreach and policy analysis; (4) secure guaranteed independen­t legal counsel identical to the Ethics Commission; (5) improve communicat­ion with complainan­ts, and (6) plan for a future mediation program patterned after the highly successful mediation program run by the Office of Independen­t Monitor in New Orleans.

San Diego County has wisely allocated additional funding for its oversight agency Citizens’ Law Enforcemen­t Review Board (CLERB) described by this newspaper as “dysfunctio­nal.” The expectatio­n is that CLERB will improve performanc­e and become more effective. CRB, already effective, could thrive with a similar allocation from the city. This is a sensible and fiscally responsibl­e alternativ­e to Measure B.

Vaughn

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