By Mark Cohen
The
city of Denver is in the process of hiring an independent monitor, and Mayor
Michael Hancock has made a well-publicized commitment to supporting the
continuance of this position as part of his promise to restore public trust in
the Denver Police Department.
The
mayor is to be commended for recognizing the need for continued civilian
oversight of Denver's long-troubled police department. However, no matter who
fills the position, the Office of Independent Monitor is too weak a system to
serve that role effectively.
Perhaps
that's why Hancock's pick for the job, a woman from Los Angeles, turned him
down flat.
It
might be tough finding a great candidate to take this job, Mr. Mayor. What
thinking professional, with an eye to making a name for herself or himself,
would accept a position with so little authority, so few resources and so
little chance of creating real change in the way we do business as it relates
to Denver law enforcement? As we search for a new independent monitor, we might
be better served to look at what's wrong with the office, not with the
potential candidates.
The
OIM was created in 2004 in response to community outrage over several incidents
of police abuse resulting in death, including that of Ismael Mena. Citizens did
not trust the police to investigate and discipline their own. In response, a
group of concerned citizens met and demanded that the existing civilian
oversight body, the Public Safety Review Commission, be strengthened.
Then-Mayor John Hickenlooper convened a task force, which included both law
enforcement officers and community members.
Many
proposed that the commission be replaced by a system similar to that in San
Francisco. They proposed that the investigation of citizen complaints against
police officers be removed from the police department and placed in an
independent agency with civilian investigators. Hickenlooper rejected this
proposal and instead instituted the OIM.
While
any form of civilian oversight is better than none, the independent monitor has
no real authority; he or she can only observe Internal Affairs Bureau
investigations, ask questions of and make suggestions to investigating
officers, and make policy recommendations. The police department is free to
ignore any and all recommendations.
A
recent series of incidents involving police — including the beatings of Alex
Landau and Michael DeHerrera — have again raised community concern. We are told
that these are just a matter of a few "bad apples." But it's clear
that the police department has a systemic problem, which is why the ACLU of
Colorado and the Colorado Progressive Coalition have called on the U.S.
Department of Justice to carry out a "patterns and practices"
investigation of the department.
The
new chief of police and manager of safety have proposed changes in the
investigative and disciplinary process that they promise will improve the
situation. But what is truly needed to restore public trust is a fully
resourced and fully empowered civilian oversight system with the authority to
carry out independent investigations of civilian complaints, one whose findings
will be binding.
What
Denver needs most is real justice for the residents of this city. We need an
oversight system that exists not merely to observe, but one that will provide a
clear and decisive road map in moving us to greater public safety and greater
public confidence in law enforcement. If we give the office real teeth, real
power, and real resources, I'll bet impressive candidates will be lined up all
around the City and County Building, just waiting for a chance to interview for
the job.