HomeMy WebLinkAbout03-30-1999 ArticlesNEw YORK TIMES
Monday, March 1, 1999
Meriden, Conn., formed a SWAT team in IN6, when crack caused a., sharp increase in drug dealing.
Soldiers of the
By TIMOTHY EGAN
ALBUQUERQUE, N.M. — Late
on a chilly October night three
years ago, Larry Harper told his
family that life was no longer
worth living and headed out the
door with a - handgun. He had
slipped back to using crack co-
caine after being in drug treat-
ment and was ashamed to face his
wife and brother.
The family called the Albuquer-
que police for help. In response, a
paramilitary unit, nine men clad in
camouflage and armed with auto-
matic rifles and stun grenades,
stormed into the park where Mr.
Harper had gone in despair.
"Let's go get the bad guy" were
the last words Hope Harper heard
as the Special Weapons and Tac-
tics squad brushed by her on a
Drug War. R
CRACK'S LEGACY
Second of two articles.
hunt for her husband, leaving the
family in the dark at the edge of
the park Police marksmen chased
Mr. Harper through the woods,
found him cowering behind a juni-
per _tree and shot him to death
from 43 feet away. He had commit-
ted no crime and had threatened
only himself. The police said the
fact that he was holding a gun
made him a target.
The case of Mr. Harper proved
to be the one that broke the Albu-
querque SWAT team. His family
sued. And last fail, the city disman-
tled the squad as a full-time unit
and paid the family $200,000 in an
e
main on Duty
out -of -court settlement.
Why a city of 400,000 would need
a full-time paramilitary unit is a
question that should have been
asked years ago, said the new po-
lice chief, Jerry Galvin. The an-
swer, a decade ago, would have
been crack cocaine and the heavily
armed gangs fighting over the
crack trade. But what started as a
response to the violent front of the
war on drugs has evolved, here and
in cities across the nation, into a
new world of policing.
Special weapons and tactics
squads, once used exclusively for
the rare urban terrorist incident or
shootout, transformed themselves
through the crack years into ev-
eryday parts of city life. In large
Continued on Page A16
Have -Remained on Duty
Continued From Page Al
urban areas, paramilitary units now do ev-
erything from routine street patrols to
nightly raids of houses. Even small towns
have formed paramilitary police units. The
Cape Cod town of Harwich, Mass., popula-
tion 11,000, for example, has trained a 10-
member SWAT team.
Encouraged by Federal grants, surplus
equipment handed out by the military and
seizure laws that allow police departments
to keep much of what their special units
take hi raids, the Kevlar-helmeted brigades
have grown dramatically, even in the face of
plummeting crime figures.
"It is the militarization of Mayberry,"
said Dr. Peter B. Kraska, a professor of
criminal justice at Eastern Kentucky Uni-
versity, who surveyed police departments
nationwide and found that their deployment
of paramilitary units had grown tenfold
since the early 1980's. "This is unprecedent-
ed in American policing and you have to ask
yourself, what are the unintended conse-
quences?"
It was the escalation of the drug war that
brought military -style policing into most
American cities. The police felt outgunned
and underarmored against gangs. But now
that the worst violence associated with the
gang and crack wars of the 80's has faded,
the police buildup has remained and, in
many cases, escalated.
Some police officers say the expansion of
SWAT into a role as the fist of the drug war
and beyond is good police work. With proper
,training, these units should reduce loss of
life, not add to it, they say. And some
.communities plagued by violence and turf
battles over drugs say they welcome a para-
military presence in their neighborhoods.
During a routine SWAT patrol in a poor
neighborhood in Fresno, Calif., Sgt. Randy
Dobbins said: "You look at the way we're
dressed and all these weapons and this
helicopter overhead. We could not do this if
ipeople in the community didn't support us.
Some people are afraid to be seen with us,
but a lot of others come out and cheer us
when we show up."
Professor Kraska found that nearly 90
percent of the police departments he sur-
veyed in cities of over 50,000 people had
paramilitary units, as did about 75 percent
of the departments of communities under
50,000.
In South Bend, Ind., the police have used
SWAT teams to serve warrants on small-
time marijuana dealers. In St. Petersburg,
Fla., the teams were deployed, to consider-
able criticism, to insure order during a civic
parade.
Dressed in black or olive camouflage
known as battle dress uniforms, the para-
military squads use armored personnel car-
riers, stun grenades and Heckler & Koch
MP5's, which are submachine guns adver-
tised to police departments with the line,
"From the Gulf War to the Drug War —
battle proven."
When, earlier this month, New York po-
lice officers fatally shot a West African
immigrant named Amadou Diallo, firing 91
bullets at the unarmed man, it was viewed
by some critics as a logical consequence of a
police department that views patrolling cer-
tain neighborhoods as war duty.
In other cities, Professor Kraska found,
most departments eventually used their
paramilitary units beyond their original
mission, and that was when they got into
trouble.
And the Harper family, which comes
from a line of law -enforcement officers,
says that is precisely what happened in
Albuquerque.
Mr. Harper, a 33-yearald plumber, was
one of 32 people killed by Albuquerque offi-
cers in the last 10 years, 11 of them by the.
!. SWAT team. The police here have killed
more people than any other department of
its size in the nation.
Some police chiefs and academics ac-
' knowledge the enormous growth of paramil-
itarypolice but dispute the criticism of how
they are used. The National Tactical Offi-
cers Association said 96 percent of raids
ended with no shots fired.
"You want people who are highly trained
and highly disciplined," said David Klinger,
a professor of sociology at the University of
Houston, who is studying SWAT teams.
"It makes sense tome for Bubba Bob the
;'sheriff to have on his staff a couple of guys
or girls who have been through extensive
tactical training," Professor Klinger, a for-
mer Los Angeles police officer, added. "But
if what you have is some cowboy idiot who
wants to be the tough guy, that doesn't help
anybody."
Most of the squads stay in existence be-
cause there is too much incentive not to,
police officers say. Forfeiture laws passed
by Congress at the height of the crack scare
were designed to take the profit out of drug
dealing; assets like cars, boats, guns and
cash can be seized, regardless of whether
the person who owns them is later convict-
ed.
But the laws have given the police a
certain profit motive for fighting drugs,
because their departments can use what
they seize to subsidize their budgets or to
buy extra equipment.
And since the end of the cold war, the
military's giveaway of surplus hardware
has proved irresistible to many SWAT
teams. An amphibious armored personnel
carrier was just picked up by the Boone
County Sheriffs office in Indiana, and bayo-
nets were recently accepted, then rejected,
by the police in Los Angeles.
"I was offered tanks, bazookas, anything I
wanted," said Nick Pastore, former Police
Chief of New Haven. "I turned it all down,
because it feeds a mind -set that you're not a
police officer serving a community, you're a
soldier at war."
I if= raarut
Police in Armor,
Residents on Bikes
War is the word most often used in Fresno,
a depressed city of about 400,000 people in the
in Joaquin Valley. In Fresno, more than in
any other city, paramilitary police have be-
come a part of everyday life.
On a night when the moon was full and
night temperatures so cold that the oranges
on the trees held a wisp of frost, the Fresno
SWAT squad, called the Violent Crime Sup-
pression Unit, was back in familiar territo-
ry: the poor and largely black section of
town known as the Dog Pound where drug
dealing is concentrated.
"You wouldn't believe what this place used
to be like," said Sergeant Dobbins, leading a
group of camouflaged officers on their night-
ly patrol. "People were prisoners of their
homes. Policenfficers were shot at routinely.
The bad guys had no fear."
An 11-year veteran, Sergeant Dobbins is
crew cut and amiably candid. He is proud of
the fact that crime has fallen in Fresno, as
elsewhere. Like other members of the unit,
he has a semiautomatic Beretta pistol, a
Heckler & Koch MP5 submachine gun and a
12-round shotgun called the "Street Sweep-
er" at his disposal.
Since its start, the Fresno unit has tried to
recruit ethnic minorities, though it remains
overwhelmingly white. The 34-member unit
has access to two helicopters equipped with
night -vision goggles and people -detecting
heat sensors, an armored personnel carrier
with a turret and an armored van that serves
— a portable headquarters.
he armored personnel carrier, a gift
rrom the military with the words "FRESNO
SWAT" brightly painted on it, is used mainly
to serve drug warrants in potentially danger-
ous situations.
"A lot of people don't like the perception,"
Sergeant Dobbins said. "They wonder why
the heck does the Police Department need
this kind of equipment. But you can't under-
stand what it's like to be shot at, and what a
difference it makes when you're in one of
these."
On this night, the neighborhood was rela-
tively quiet. Two pedestrians were stopped
and searched for drugs. A car with a missing
headlight was stopped, its driver handcuffed
and told to sit on the sidewalk while the trunk
was searched. Nothing was found. Several
cars from the unit went on a high-speed
chase of a stolen car. The occupants, tracked
by dogs, dashed from the car and were
chased through several yards but escaped.
Pointing to a small house behind a high
fence, said to be a drug haven, Sergeant
Dobbins said, "We've raided this house five
times." Drugs, mostly crack cocaine, are
what keep the Violent Crime Suppression
Unit in business. People are stopped for
minor offenses, on the suspicion that they
can be arrested for possessing drugs or
having outstanding warrants.
"I'd say anyone we're going to find milling
id here is usually involved with crack or
high on crack," said Gunther Meiss, a for-
mer Los Angeles police officer now with
Fresno's SWAT squad. He described his
work as "a lot of fun."
Most of the young men seen on the neigh-
borhood streets were riding bikes. "That's
what has happened to a lot of the drug
dealers," Sergeant Dobbins said "We've im-
pounded their cars."
People in the community seemed to accept
all the action, the police lights, the constant
presence of screeching tires and barking
dogs that sound like firecrackers, as the
price of a certain kind of peace. City officials
say they have received very few complaints
from citizens, and random interviews con-
firmed that.
"There used to be drug addicts every-
where," said Lydia COvarrabf0, who has
lived in Fresno for 30 years, speaking as
officers with dogs chased two people through
backyards in her neighborhood.
In 1994, Fresno had a record 85 homicides
and 2,810 robberies, and officers were fired
at a dozen times. Gangs selling drugs were
blamed for the crime spike.
"There was a real sense that the bad guys
had control of the streets," said the Fresno
Police Chief, Ed Winchester. "We were des-
perate. But we certainly could not have
deployed heavily armed SWAT -like units
without the support of the community."
The unit became a permanent part of the
department the following year, in 1995. In
four years, crime has fallen dramatically,
matching the plunge across the nation. Mr.
Winchester said the paramilitary units de-
served part of the credit, though he acknowl-
edged other factors.
The drop in crime raises a question about
how long the city needs to keep paramilitary
patrols on the Streets.
"If we pulled out, the drug dealers would
come back with a vengeance," said Lieut.
Greg Coleman, the unit commander. "Drug
dealers are replaced right away. If you ar-
rest one, there's another to take his place."
So they are left with each other, the men
with submachine guns and helicopters, and
the drug dealers on bicycles,. in what the
police say is a ceaseless struggle.
The Message
Small Arrests Show
Who Is in Control
With a population of 57,000, Meriden, Conn.,
does not fit the image of an urban crime
nightmare. But in Meriden, as in Fresno,
crack and other drugs prompted adesperate
move to create a special paramilitary unit.
Meriden formed its SWAT team in 1986,
when crack cocaine was starting to appear
all over America. The unit has 29 members
who are used nearly full time. Other small
cities and towns have SWAT -trained officers
but use them only occasionally.
"Street -level drug dealing just took off
with crack," said Lieut. Steve Lagere, who
heads the Meriden SWAT team. 'We could
pull up to the projects and have five youths
selling drugs at one time, right out in the
open."
Now in Meriden, as in Fresno, the team
arrests people for minor offenses, attacking
small crimes as a way to send a larger
message about who is in control. About 90
percent of the unit's deployments, -Lieuten-
ant Lagere said, involve drug -related work,
primarily in the city's housing projects and
surrounding neighborhoods, which tend to be
black and Hispanic.
Professor Kraska's survey found that
paramilitary units in small and medium
sized communities were most often used to
knock down the doors of houses to search for
drugs.
The police acknowledge the change in du-
ties. Some shrug; othersare alarmed "I
don't think it was intended to be used this
way," Lieutenant Lagere said. But a well -
trained tactical squad can better serve a
drug warrant in a potentially dangerous situ-
ation than a community police officer can, he
added.
"The way I look at it is, my officers are not
of the military, shoot -first assault style," he
said. "We have a different attitude. We're
going to use everything we can to insure
there is little violence. And we don't care if
we're dealing with the lowest vermin in the
street, it's 'yes sir, no sir.' We never dehu-
manize these people."
Over all, crime is down about 30 percent in
the past five years, Lieutenant Lagere said
But when asked if the original purpose of
establishing the paramilitary unit had been
met — to reduce heavy drug use and dealing,
by maintaining a heavy show of force — he
said he was less sure. Like most police
officers interviewed in the trenches of the
drug war, he expressed a sense of futility.
"We ought to be looking at some other
option," he said "It's politically incorrect to
say that as a cop. You really can't discuss it
much here, because people will think you're
soft on drugs. But I don't see crack use going
up or down, no matter what we've tried to
be„
Down the Quinnipiac River from Meriden,
the city of New Haven has been through a
similar scourge of drugs and violence. And in
the last five years, it has also seen crime
rates fail dramatically. But the city did not
expand the role of its rarely used SWAT
team. Instead, the police say, they brought
the crime rate down by rejecting the milita-
rized approach.
"I had some tough -guy cops in my depart-
ment pushing for bigger and more hard-
ware," said Mr. Pastore, who was the Police
Chief from 1990 to 1997. "They used to say,
'It's a war out there.' They like SWAT be-
cause it's an adventure."
New Haven, a city of 130,000, emphasized
community policing, making officers walk
the beat on city streets or in housing
projects. "The approach you take creates a
mind -set," Mr. Pastore said. "If you think
everyone who uses drugs is the enemy, then
you're more likely to declare war on the
people.,,
Lieutenant Lagere, in Meriden, said his
town used both community policing and a
heavy SWAT presence. The SWAT team has
never killed anyone, he said. But other police
officers argue that using paramilitary
squads for assaults, sweeps and raids in.
creases the likelihood of accidents or shoot-
ings.
They point to two cases in New England.
hen the SWAT team in Fitchburg, Mass.,
stormed an apartment looking for a drug
dealer in December 1996, it ended up gutting
an entire apartment house. A stun grenade,
designed as distraction, flashed in a predict-
able burst but also ignited a sofa, which grew
into a fire that consumed the apartment
house. Six officers were injured, and 24 peo-
ple were left without a home.
In another case, a SWAT team's drug raid
on the wrong apartment in Boston led to the
death of a minister, the Rev. Accelyne Wil.
liams, from a heart attack. A settlement with
Mr. Williams's widow cost the city $1 million.
The Evolutlon
Less Militaristic
And More Selective
As small and midsized cities expand the
reach of their drug -fighting paramilitary
squads, the nation's original SWAT team, in
Los Angeles, has gone in the opposite direc-
tion.
The unit that introduced the term SWAT
into }popular culture was formed in 1966„
largely in response to a fear of urban terror-
ism and riots. Over the years, the Los Ange-
les squad became notorious for its constant
lhelicopter presence, its assault -style raids
and the battering rams connected to its
armored carriers.
"The idea back then was a lot more mBita-
ristic, " said Officer Eduardo Furies, a
spokesman for the Los Angeles Police De-
partment. Now the 67-member team reacts
to extremely violent situations, ratherthan
carrying out assaults. It is rare for it to be
called out on suicide threats or drug war-
rants, unless there is a strong likelihood of
gunfire, Mr. Furies said.
"It's not like you see on those TV shows
li ke'Cops' or in.the movies," Mr. Funes said
"The philosophy is to have a well -trained,
well -armed group of police officers who can
respond and back up other officers in dan-
gerous situations."
What fed the expanding role of SWAT
teams across the country were the forfeiture
laws that allow the police to keep much of
what they take in raids. There are no figures
on the total amount of property seized by all
police departments nationwide, but the Fed-
eral Government seized more than $4 billion
in assets from 1986 to 1996.
Critics say that the more police depart-
ments conduct forfeiture raids, the more
they come to rely on them. "I call them
forfeiture junkies," Mr. Pastore said
The Supreme Court has upheld the forfei,
ture laws, but at least four states, including
California, have changed the statutes so th [
a conviction is required bet�re the police can
keep the property.
Surplus military gear has also flooded into
SWAT squads' lockers. Between 1995 and
1997 alone, the Department of Defense gave
police departments 1.2 million pieces o1 mili-
tary hardware, including 73 grenade launch-
ers and 112 armored personnel carriers. -
But Professor Klinger, who patrolled the
streets of South Central Los Angeles before
he became a scholar on police behavior, said
he does not think the raids ultimately do
much to curb drug use.
"We should legalize drugs, and law en-
forcement should get out of the business of
treating drugs as a crime problem," Profes-
sor Klinger said "This is not an unusual
position in the tactical squad community."
The Alternatives
Measuring Success
By Those Who Live
When Sam Walker, a professor of criminal
justice at the University of Nebraska at
Omaha, reviewed killings by the Albuquer-
que police, he was stunned.
"The rate of killings by police was just off
the charts," said Professor Walker, who was
hired by the city to study the department
"They had an organizational culture within
their SWAT team that led them to escalate
situations upward, rather than de-escalat-
Ing„
That is precisely what happened to Larry
Harper, his family believes. At the time the
police shot him, cowering behind a tree, he
wanted to live and was ready to go home,
said his brother James Harper.
"I keep thinking of my brother crying out,
'Leave me alone, I haven't done anything,'
and their response, which was to kill him,"
Mr. Harper said
Mr. Galvin, the Albuquerque Police Chief,
also saw a need for change after he was
hired last year. "I did away with the SWAT
team," Chief Galvin said in an interview.
"We have SWAT capability, because I think
it is a necessary function of any police de-
partment. But there is no longer a full-time
unit in place."
Most drug raids, suicide calls and other
types of volatile police actions do not need a
full paramilitary response, he said "if you
have a mind -set that the goal is to take out a
citizen, it will happen," Chief Galvin said "A
successful intervention for us now is one
where nobody gets killed." '
In. Dallas, the paramilitary unit has been
taken off most drug raids, which are carried
out instead by the narcotics squad In Seattle,
the SWAT team is also out o1 the business of
drug raids and suicide calls. Nor do the
Seattle police use a helicopter.
But in Fresno, or Meriden, or Champaign,
Ill., where the SWAT teams serve most of the
drug warrants, there are no plans to retreat.
The officers in camouflage and helmets,
carrying MP5's and Street Sweeper shot-
guns, are part of Ftte night.
Boston's Police Solution
By Orlando Patterson
and Christopher Winship
CAMBRIDGE, Mass.
Asthe current furor over New
JIL York City policing
has shown, African -
Americans today
face few dilemmas
morepainful than the
tension between the need to safe-
guard their neighborhoods and the
need to safeguard their rights.
All too often, however, both critics
and defenders of the police have por-
trayed this tension as a stark choice,
in which lowering urban crime rates
necessarily requires the kind of polic-
ing that makes civil rights advocates
and community leaders cry foul. Not
so. Consider the case of Boston,
where the homicide rate has fallen 77
percent since 1990 — 5 percentage
points more than in New York
Boston began its successful attack
on crime, in the late 1980's and early
1990's, by employing the tactics
adopted later in New York City under
Mayor Rudolph GiulianL And as in
New York, while crime went down,
relations between the police and Afri-
can -Americans worsened.
In 1989, the high -profile murder of
Carol Stuart — a pregnant white
woman — created a wave of terror,
as the Boston police descended on
inner-city neighborhoods in their
search for a "young black male"
suspect. Mrs. Stuart turned out to
have been murdered by her own hus-
band, who had fabricated the descrip-
tion. The police tactics in the Smart
investigation, along with the stop -
and -frisk policies of the Citywide
Anti -Crime Unit here, provoked such
outrage among African -Americans
that the city was forced to disband
the unit and change its strategy.
Boston's new approach to law en-
forcement has involved collaboration
between the police and probation de -
Orlando Patterson, a professor of
sociology at Harvard is the author of
"Rituals of Blood: Consequences of
Slavery in Two American Centu-
ries." Christopher Winship, chair-
man of the Harvard sociology de-
partment, is co-author of a forthcom-
ing work on youth violence tft Boston.
partments, a focus an getting guns off
the streets and, most important, a
close partnership with community
leaders, especially a group of black
clergymen known as the Ten -Point
Coalition. This partnership is key in
explaining why Boston has reduced
crime even more than New York, and
with much less ethnic friction.
The partnership rests on four prin-
ciples. First, inner-city violence
should be dealt with primarily as a
crime problem, rather than as a
symptom of poverty, poor schools,
broken families and the like. Second,
there is agreement that only a small
percentage of youths are at the core
of the problem and that the communi-
ty can help to identify them. Third,
the community leadership should
have an informal say in the decision
How New York
might defuse
current tensions.
to arrest certain teen-agers (for in-
stance, in cases of first offenses or
when there are extenuating circum-
stances). Finally, if the police behave
badly, they bear the full brunt of
responsibility.
These principles were tested after
the murder of Paul McLaughlin, a
white state prosecutor,. in May 1995.
Mr. McLaughlin had vigorously pros-
ecuted gang members, and a young
African -American man was seen
fleeing the murder scene.
But the Boston police made it clear
that they would not repeat the rights
violations that had followed the Stu-
art murder. And the Ten -Point minis-
ters and other community leaders
made it clear that they, in turn, would
fully support an aggressive but fair
investigation. As one minister stated,
"This is a time for the city of Boston
to come together and make it clear
that we will not be held hostage to
either perpetrators of violence or by
those who would exploit the fear of
violence to promote more racial divi-
sion." _.
Early last year, after a carefully
focused investigation, a gang mem-
ber, Jeffrey Bly, was arrested and
Indicted in Mr. McLaughlin's mur-
der. African -American leaders joined
in praising the police.
By focusing their efforts, the Bos-
ton police have found it unnecessary
to undertake the huge increase in the
size of the force that New York did,
yet they have achieved even better
results. For a remarkable 29-month
period, until January 1998, Boston
had not a single teen-age homicide
victim. (Since then there have been
only four.)
There have still been occasional
police excesses, to be sure. But there
are fewer of them each year, and
there has been no incident to com-
pare with the Amadou Diallo or
Abner Louima cases. The Boston offi-
cers responsible for violations have
been promptly and severely pun-
ished.
Given Boston's history of less -than -
perfect race relations — and the deep
distrust rooted in the school desegre-
gallon battles of the 1970's — its
recent success is especially telling.
Boston's story demonstrates that
trust between the police and the Afri-
can -American community can be re-
stored and enhanced — even in the
wake of a crisis. It shows that this
cooperation between police and com-
munity leaders can advance the
shared goal of crime reduction. And
most important, it helps prove that
there is no inherent conflict between
effective police work and respect for
the freedom and dignity of citizens.O
Maureen Dowd is on vacation.
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zooA) Y, / 9 I i I NEWS
Lehman goes with PCRB
on officer identification
,Review board wants
more info about officers
Ithotigh the Iowa City City Coun-
cil had been acting to reduce the
already modest powers of the Po-
lice Citizens Review Board (PCRB),
Mayor Ernie Lehman recently sent a memo
to the rest of the council saying that he in-
tends to stand by the board on one matter.
After a city council work session with the
PCRB on Feb. 11, Lehman asked the PCRB to
write a letter clarifying why they should be
given a police officer's identifying number
before they reviewed the police chief's (or
city manager's) investigation of a citizen
complaint against the officer. (It was agreed
at the work session that each officer would
have a unique identifying number.) Though
Lehman was expected to recommend with-
holding this number from the board until af-
ter they had reviewed an investigation, he
instead suggested in a memo that the coun-
cil go along with the board's request.
In a memo to city attorney Eleanor Dilkes
about the letter Lehman requested, PCRB
counsel Douglas Russell wrote, "It is my un-
derstanding that Mr. Lehman has his own
doubts but also wishes to address strong
doubts held by [City Councilor] Mr.
O'Donnell about whether the board should
have this information before it deliberates
on a particular complaint"
In defense of the PCRB's request, board
chair Leah Cohen wrote that knowing the
officer's assigned number prior to consider-
ing the chief's investigation of the complaint
is necessary for two reasons: "First, it allows
the board to track the behavior of particular
officers over the entire period of the board's
existence. Second, it allows the board to use
the information to assist in its review of the
chief's (or city manager's) determinations re-
garding the credibility of a particular officer,
where appropriate and relevant to a pending,
complaint.
"The chief certainly knows the officer's
history; the board must have information
about the officer's prior involvement to
make a fair assessment of the chief's (or city
manager's) review of the. matter," Cohen
continued.
"Nor," Cohen reassured the council, "is
the information requested so the board may
draw the impermissible Inference that an of-
ficer complained against in a prior instance
is more likely to have committed miscon-
duct."
In response to Cohen's letter to him, Leh-
man told the council that he still doesn't
think having the officer's number in advance
is necessary but that he was willing to respect
the wishes of the board.
"I have indicated my agreement to allow
this information for several reasons," Leh-
man wrote. "First, I feel that we as a council
have set up this board for a specific purpose.
Although I do not understand why prior
identification is necessary, I feel we should
respect their wishes until such time as their
procedures prove to be unfair or arbitrary.
"Second, their actions to date relative to
protecting an officer's identity have con-
vinced me of their honesty and sincerity.
"Third, even if their actions prove not to
be impartial, they have no authority other
than to recommend to the chief and the
council.
"Fourth, our refusal to allow their request
will be viewed by those who are critical of
the police department as an effort on the
part of the council to prevent [the PCRB]
from doing what they were set up to do."
In the memo, Lehman emphasized five
times that, more often than not, the PCRB
ends up,reaffirming the quality of the police
department. For example: "To date, these
evaluations have proven what many of us al-
ready suspected, that we have a competent
and professional police department." Because
of this, Lehman wrote, "I believe we need to
take a more constructive view of this board."
Lehman also noted, "Our failure to sup-
port the PCRB gives the public, whether right
or wrong, a reason to suspect our motives."
The opportunity to revise the PCRB's
powers has come about because the PCRB,
city attorney and city council have been
working to develop official standard operat-
ing procedures for the board. Until now, the
PCRB has been operating under standard
procedures that it developed independently
of the city council.
According to PCRB minutes of Feb. 16, a
discussion between Russell and Dilkes de-
termined that the city attorney would, in
addition to various changes agreed upon by
council at the Feb. 11 work session,"sup-
port the board's right to receive the name of
an officer complained of and to use it in a
sustained complaint in the board's public
report if there were guidelines about how it
should be used." ♦ -
I... is Mir KrNS
Cedar- Rapidv Gazette, Johnson County Today, Sunday, 3/7/99, Page 1
City's police
review costs
high, but OK
OWA CITY — The Police Cit-
izens Review Board, only 11/z
years old, is costing the city
more than twice its original
$31,000 budget.
City officials, for the most
part, say they are not concerned
the city is spending at a rate of
$80,100 annually to conduct the
board's task of reviewing
complaints residents have about
police conduct.
"There are some folks on the
council who are less excited
about the importance of the
PCRB and would cite the
amount of expenses as a being a
negative," Mayor Ernie Lehman
says, using the acronym by
which the board is known best.
"On the other hand, I think
that most of us probably realize
that the first year is going to be,
by far, the most expensive."
The added expenses are going
into staff time, according to a
memo City Manager Steve
Atkins gave the council last
week.
The city is paying about
$26,000 on salaries for the time
police spend investigating
complaints citizens file against
individual officers, Atkins says.
It also is paying a city
attorney and city clerk about
$9,300 each to do review board
work. A police stenographer for
the effort is to cost about $4,500.
The costs are in addition to
the $31,000 in original spending
plans for staff work, legal advice
and supplies.
"That's what the council
wants, we'll get the work done,"
Atkins says.
The Iowa City Council created
the Police Citizens Review
Board in fall 1997 after public
outcry over the 1996 death of
local, artist and businessman
Eric Shaw. An police
officer fatally shot Shaw in
Shaw's South Gilbert Street art
shop late on the night of Aug.
30, 1996, while
investigating
an open door
at the shop.
The officer
., resigned
under
pressure and
the city
reached an
out -of -court
Mike O'Donnell financial
Council member settlement
supports PCRB with Shaw's
family. But
many residents said the city
needed a public check on police
actions.
Five residents comprising the
Police Citizens Review Board
meet most every week to review
complaints people file against
officers. Almost every case has
ended with the board siding
with the officer.
"I think these folks do a great
job," Councilman Mike
O'Donnell says of the review
board. "They're doing exactly
what we asked them to do. And
we all, I think, anticipated these
costs were going to be pretty
high the first year."
O'Donnell says he is more
concerned about a hot topic
currently before the council —
whether police officers'
identities should be confidential
while the board reviews
complaints against the officers.
O'Donnell favors
confidentiality, although the law
establishing the board allows it
to keep track of officers using a
numbering system.
"We knew that the staff time
would be involved," O'Donnell
says of the time city employees
spend on complaints. "And I
guess we were responding to the
community. They wanted this
mechanism to voice concerns."
Lehman says the expense
appears to be necessary, given
the public interest in how Iowa
City officers do their jobs.
"In this particular case, with
the sensitivities that we have in
this community relative to the
Police Department, and the
obvious sensitivities that we
have relative to the PCRB, I
don't get too excited about the
$80,000," Lehman says.
"I think that we need to
support our Police Department
as strongly as we can. And the
PCRB's conclusions, so far, have
pretty much held that the Police
Department is a pretty darn
good one."