Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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C HAPTER 5: ADDRESSING I MPORTANT I SSUES IN C ITIZEN O VERSIGHT 104 Politics “Politics” may interfere in two respects with the effective operation of citizen oversight. Conflict among local government officials Conflict among elected and appointed officials in a juris- diction over the operation of citizen oversight can disrupt the review process. In Flint, the mayor appoints the police chief, but the city council appoints the ombuds- man. If the mayor and council do not see eye to eye, there is the potential for conflict with the ombudsman becoming the chief’s adversary. Even when there is a good working relationship among the involved officials in a jurisdiction, turnover through new elections or appointments can result in new personnel who wish to have things done “their way.” Sometimes, ambiguity in the lines of authority and com- munication creates the potential for controversy: • The Portland mayor appoints and hires the auditor, but the auditor feels she is legally responsible to the board—which is the city council sitting en bloc— because she acts as the board’s executive director. Who her true legal supervisor is has never been tested. The auditor is also in an awkward position whenever her reports are critical of the city because what she says could make the city liable for damages. As a result, THE SAN JOSE OFFICE OF THE INDEPENDENT POLICE AUDITOR ANNUAL REPORT IS PARTICULARLY INFORMATIVE The 1997 Year End Report of the San Jose Office of the Independent Police Auditor is a particularly comprehensive and well-presented document.The 58-page, spiral-bound report, with a glossy burgundy cover, includes: • Biographical sketches of office staff. • An 11-page executive summary printed on burgundy-colored pages. • A flowchart illustrating the complaint process. • A discussion of complaint timeliness that includes a chart illustrating a sample of 10 cases and the number of days a complaint remained at different stages of the review process (see exhibit 5–4). • The types of complaints and sustained cases by city council district for the previous 3 years. • A chart showing the type of alleged unnecessary force used by body area affected and degree of injury. • Demographic information about complainants, including gender, ethnicity, age, educational level, and occupation. • Statistical information about subject officers, including bureau, gender, years of experience, type of allegation by years of experience, and police unit in which they work(ed). • A chart showing discipline imposed. • A discussion of the criteria for evaluating internal affairs investigations and the auditor’s findings related to each criterion. • Summaries of seven selected audited cases. • A chart showing the status of every policy recommendation the auditor has presented and its disposition since the office was established in 1993.