Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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C HAPTER 6: RESOLVING P OTENTIAL C ONFLICTS 108 There are conflicts in many jurisdictions between over- sight bodies and police agencies. To be sure, if there is no tension between them, the oversight body may not be acting assertively to maintain or improve police accounta- bility. However, excessive conflict will destroy any oversight system. Preliminary Steps for Minimizing Conflict There are three preliminary steps jurisdictions can take that can substantially reduce the potential for future con- flict not only between the oversight body and the police but among all par- ties involved in, or at least concerned about, citizen oversight—local public and elected officials, union leaders, and community activists. 1. Do not wait for a serious incident, typically a police shooting that creates a public uproar, before setting up an oversight system. Because of the tensions such an incident creates, it is difficult for the parties involved to approach the planning task in a ration- al manner. As a result, the planning process may perpetuate, rather than defuse, existing tensions. If the plan- ning process has begun only after a conflict, avoid discussion of the inci- dent in the planning process. 2. Involve representatives from all concerned parties as col- leagues in the planning process. Although it may require months to iron out differences, even if they are not resolved to everyone’s satis- faction, the implementation and opera- tion of the oversight procedure is likely to proceed more smoothly if all the par- ties have participated in its planning. (See “Working With Activists.”) KEY POINTS (CONTINUED) • Oversight staff often have criticisms of the police.Their most common concerns are: — Officers may refuse to answer questions, and departments may refuse to share records. — Officers do not understand the oversight body’s mission and legitimacy. — Departments ignore the oversight body’s findings or policy and procedure recommendations. • Some police departments have attempted to work constructively with their local oversight bodies, including disciplining officers who fail to appear for questioning and arranging for oversight staff to explain their procedures to officers at the academy or at roll call. • Oversight planners and review bodies need to take the initiative to involve union leaders in their activities. Some unions no longer oppose citizen oversight as strongly as in the past. Oversight planners successfully have: — Involved union leaders in designing and setting up the review procedure. — Accommodated some union concerns. — Addressed union concerns about biased review procedures by ensuring the review process is scrupulously fair. — Highlighted shared objectives, such as a joint interest in fair treatment of officers by internal affairs. Do not wait for a serious incident, typically a police shooting that creates a public uproar, before setting up an oversight system. Involve representatives from all concerned parties as colleagues in the planning process.