on sale now at amazon

on sale now at amazon
paperback or ebook

A weak Denver police monitor just won't do




By Mark Cohendenverpost.com

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.