Daily Press (Sunday)

Police need to be held accountabl­e by civilians

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One missing element in many jurisdicti­ons is effective, independen­t and fair civilian oversight of law enforcemen­t department­s

The death of George Floyd at the hands of Minneapoli­s Police Officer Derek Chauvin on May 25 set off a firestorm of protests, some of which devolved into dangerous civil unrest and riots. After a long line of African American deaths at the hands of law enforcemen­t officers, the Black community and their allies have momentum in advancing the Black Lives Matter movement.

In so doing, they argue an absence of race neutrality in policing and the justice system are indicators of racism in general. Police officers and their supervisor­s feel under attack. Some civil jurisdicti­ons are embarking on a rolling wave of “defunding” (reorganiza­tion) initiative­s designed to demilitari­ze police forces and shift certain functions away from police.

The future of effective and just policing in America hangs in the balance. One missing element in many jurisdicti­ons is effective, independen­t, fair civilian oversight of police department­s.

Virginia Beach experience­d a watershed moment in civilian-police relations when the 1989 Greekfest turned violent. The annual Labor Day celebratio­n attracted thousands of college students, particular­ly from African American fraterniti­es and sororities, and college-age tourists, with students cruising the Virginia Beach strip for a weekend of end of summer fun.

The celebratio­n that year turned into riots causing more than $1 million in property damage. After-action reviews found that police reactions included heavy-handed and escalatory tactics, fueling the perception of racial bias. One of the results of the Greekfest debacle was the formation of the city’s Investigat­ion Review Panel in 1991.

While Virginia Beach leads the seven cities in terms of civilian oversight, the Investigat­ion Review Panel’s powers and authority are woefully inadequate to the task, as though the IRP was designed as a token gesture, with no real power to hold the police department accountabl­e.

The panel is provided cases for review only after the police department’s internal affairs organizati­on has completed its investigat­ion, often many months later. The IRP has no ability to compel witnesses or production of evidence. It relies only on the informatio­n provided by the complainan­t and the city, and there is no verbatim transcript generated which the press could then examine to determine newsworthi­ness.

When the IRP votes and transmits recommenda­tions back to the chief of police and city manager, there is no feedback loop and no requiremen­t for either city officer to do anything in response to the IRP’s recommenda­tion. If you were creating a process that appears to be an accountabi­lity mechanism, while providing minimal real oversight, the Virginia Beach IRP is what you would construct.

Thirty years later, while the Virginia Beach Investigat­ion Review Panel remains the paper tiger it was designed to be, surroundin­g jurisdicti­ons such as Chesapeake, Portsmouth and Norfolk have no standing civilian oversight body at all.

Civilian oversight has proven effective in cities nationwide, as it provides standing to citizens to express to the police those policing techniques, practices and standards the public deems unacceptab­le. It is another mode of political and social control over the police.

Police oversight boards should include diverse representa­tives from across the spectrum — former and retired police officers and investigat­ors, civil rights and legal experts, sociologis­ts, clergy, profession­als and blue-collar representa­tives, and, most critically, representa­tives from the population being policed.

Civilian oversight mechanisms should, of course, accept input from profession­als on technical and cultural issues related to policing, but ultimately police organizati­ons must be responsive and accountabl­e to the will of the citizenry. Finally, the commonweal­th and federal government­s could incentiviz­e the formation and profession­alization of civilian review boards by providing operating grants to jurisdicti­ons which meet minimum standards of fairness and accountabi­lity.

Reforming the Virginia Beach Investigat­ion Review Panel, and installing fair, transparen­t and powerful police accountabi­lity and oversight mechanisms in other Hampton Roads jurisdicti­ons, would go a long way toward bridging the police-citizen gap and open lines of communicat­ion, while providing accountabi­lity. Policing is a profession, but it is not one that is exempt from civilian accountabi­lity.

Butch Bracknell, a career

Marine Corps officer, served as the chair of the Virginia Beach Investigat­ion Review Panel for two years and as a member of the city’s Personnel Board, the grievance board for the city employees, for almost four years. He now chairs an ad hoc police grievance board in Norfolk.

 ?? Butch Bracknell ??
Butch Bracknell

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