This is a reasonable reply. As long as you're going to re-design this entire
system, why have an empty vote?
But...then again, why not? If it's in redesign, an affirmative vote is just
as temporary and you send a signal that subpoena power is one of several
critical elements to a truly effective civilian review process you plan to
support - if you do, and you should, Robert.
The police must be taken out of this except as a party to the fact-finding
process so to defend their internal affairs decision to deny a civilian
claim. No officer should sit on the review board. The board must be able to
force testimony from reluctant officials.
Look at this way: subpoena power can be one tool in the prevention of
expensive lawsuits when aggrieved citizens decide that the administrative
remedies available to them are a sham, toothless processes to intimidate
them into dropping their legitimate complaints - and force the far more
expensive legal option.
Subpoena power and a structure of neutrality (no cops on the board or staff)
is a far more trustworthy model and far less expensive option than the
courts. It can very much resemble small claims court for administrative
resolution of complaints.
I'm not particularly confident that the Civil Rights Commission is the best
home for the CRA, although a well-ordered division of the Civil Right
Department with a CRA board as a separate hearings body might serve the city
well. The Commission itself resolves other discrimination business and helps
the City set civil/human rights policy (I hope). Not all CRA appeals are
discrimination matters, albeit predominantly so.
Generally an independent authority is best, perhaps staffed by the Civil
Rights office. But independence from the police is the most critical
element.
Andy Driscoll
Saint Paul
former St. Paul Human Rights Commissioner
------
"I hope we shall crush in its birth the aristocracy of our monied
corporations which dare already to challenge our government to a trial of
strength, and bid defiance to the laws of the country."
--- Thomas Jefferson,1816
> From: [EMAIL PROTECTED]
> Date: Tue, 26 Mar 2002 23:55:22 EST
> To: [EMAIL PROTECTED]
> Subject: [Mpls] Civilian Review
>
> At the full City Council meeting on March 22, 2002 I voted against giving the
> current Civilian Review Authority the ability to subpoena. I have received
> many comments both of support and of criticism on this vote. Clearly there is
> a great interest in this issue. Here I would like to discuss my reasons for
> this vote.
>
> I support a strong civilian complaint process - and civilian involvement -
> with the Minneapolis Police Dept. I can easily support the ability to
> subpoena, or any other "teeth" a new civilian complaint process requires. I
> think last Friday's motion was premature. With this action we would have
> directed increasingly more rare and valuable staff time to define and attach
> "subpoena power" to an Authority which the majority of the Council and the
> Mayor have criticized and have directed that we redesign. This action would
> have been an empty gesture.
>
> This transition has gone poorly and I apologize. We are still learning how to
> best direct our resources in City Hall. The City's policy group for this
> redesign plan will implement an interim operating plan for civilian
> complaints with a civilian interface. That is, a person with a complaint will
> have a non-police place to lodge their complaint. This is for the short term.
> The more lasting solution will come from strong citizen participation in this
> redesign process. Our City's Communications Dept. will keep the public and
> media posted on our progress. This is an opportunity for you to influence
> critical Minneapolis policy for how we handle complaints about the treatment
> of our people by our Police Dept. In fact, I urge you all to encourage our
> elected officials to use this CRA redesign process to bring longstanding
> concerns like use-of-force policy and racial profiling to a City policy
> level.
>
> I hope to see you all in City Hall soon. Remember, in a democracy those who
> participate will find that their needs are the best met.
>
> Peace,
> Robert Lilligren, Vice President
> Minneapolis City Council
> Ward 8
> 612-673-2208
> [EMAIL PROTECTED]
>
> _______________________________________
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