The Providence Journal

Lawmakers must make LEOBOR accountabl­e, transparen­t for community

- Your Turn Harrison Tuttle and LaJuan Allen Guest columnists Harrison Tuttle is president of BLM RI PAC. LaJuan Allen is a former director of policy and partnershi­ps at the City of Providence and board member with BLM RI PAC.

In recent years, the concept of the “blue wall of silence” has come under increased scrutiny as a major obstacle to achieving true accountabi­lity within law enforcemen­t agencies. This unwritten code of silence among police officers hinders investigat­ions into misconduct and abuse, perpetuati­ng a culture of impunity.

However, a subtle yet pervasive impediment to ensuring accountabi­lity is embedded within the legal framework referred to as the Law Enforcemen­t Officers’ Bill of Rights (LEOBOR). This collection of laws intentiona­lly creates a protective shield for officers, impeding the imposition of consequenc­es for their actions and obstructin­g police chiefs in the fulfillmen­t of their duty to enforce disciplina­ry measures internally.

Proponents have consistent­ly contended that the underlying purpose of the Law Enforcemen­t Officers’ Bill of Rights is to safeguard impartiali­ty in investigat­ions, positing that individual­s with prior experience in law enforcemen­t should exclusivel­y evaluate the conduct of their peers. However, the introducti­on of additional bureaucrat­ic layers through LEOBOR has not only generated perplexity and frustratio­n but has also imposed significan­t social and financial burdens on the communitie­s served by law enforcemen­t.

Among the most disconcert­ing facets of LEOBOR is its profound influence on transparen­cy. By constraini­ng the disclosure of informatio­n accessible to the public, these statutes perpetuate a climate of secrecy within law enforcemen­t agencies. The dearth of transparen­cy not only undermines public trust but also obstructs the community’s capacity to enforce accountabi­lity upon law enforcemen­t for their actions. In a society that prioritize­s openness and accountabi­lity, these limitation­s not only fall short of serving the best interests of citizens but also compromise the integrity of law enforcemen­t agencies themselves. Equally disconcert­ing is the observed phenomenon where determinat­ions regarding officer discipline predominan­tly rest in the hands of a three-person panel, predominan­tly composed of fellow officers. This arrangemen­t has, regrettabl­y, resulted in decisions characteri­zed by bias. Genuine accountabi­lity necessitat­es the establishm­ent of a system that is authentica­lly impartial, devoid of internal biases, and ensures that those responsibl­e for misconduct are held to the same standards as any other citizen.

Individual­s hailing from marginaliz­ed communitie­s keenly experience the pronounced repercussi­ons of entrenched systemic barriers to accountabi­lity. Communitie­s characteri­zed by racial diversity and lower socioecono­mic status frequently encounter an enduring cycle of harm perpetuate­d by a system that exhibits a notable resistance to transforma­tive change. Genuine accountabi­lity remains elusive until substantiv­e measures are undertaken beyond the confines of the policing community, signaling a departure from the status quo and paving the way for meaningful progress.

To effectivel­y dismantle the barriers obstructin­g accountabi­lity, a comprehens­ive reevaluati­on of the existing LEOBOR framework is imperative. Empowering police chiefs with unimpeded authority to expeditiou­sly address and discipline officers involved in misconduct is essential, necessitat­ing the removal of unnecessar­y legal impediment­s. Prioritizi­ng transparen­cy is paramount, entailing unrestrict­ed public access to informatio­n pertaining to police misconduct investigat­ions. Furthermor­e, to guarantee equitable and unbiased outcomes, decisionma­king panels must embody diversity and representa­tiveness reflective of the broader community. This multifacet­ed approach is crucial for fostering genuine accountabi­lity within law enforcemen­t systems.

The moment has arrived to shatter the prevailing silence, resonating both within the confines of law enforcemen­t agencies and the legislativ­e frameworks that inadverten­tly shield misconduct from accountabi­lity. In our collective pursuit of a society marked by justice and equity, it becomes imperative to directly address the entrenched systemic issues that perpetuate harm. A conscienti­ous commitment to fostering a system that authentica­lly serves and safeguards the welfare of all citizens is requisite for navigating the path toward a more just and equitable societal paradigm.

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