I wasn't on the list back when I chaired the Outcomes subcommittee of the CRA redesign working group for the city. Subpoena power was our most important recommendation from that work. Despite our extensive research on best practices around the country, the city roundly rejected subpoena power (and all of our other recommendations, for that matter) and forced through the folding of the CRA into the Civil Rights Department. IMO this had been their intent from the start but Rybak wanted the imprimateur of the community to make it appear as if we had desired this change. We did not and, in fact, had recommended against it, since the Civil Rights Department has consistently failed in their own mandate, let alone taking on something else as important as the CRA. CM Robert Lilligren played a big role behind the scenes in manipulating the recommendations to allow for takeover of the CRA by the Civil Rights Department.
One of the reasons the city rejected subpoena power is that they claimed it would require action by the state legislature to put into place. However, CM Paul Zerby (who is an attorney) found that was not true--a majority vote by the city council would have allowed the CRA to acquire subpoena power. Once that got exposed, the rest of the council then started making other excuses like "since they've got Garrity, they don't need subpoena power." That's bull because Garrity only applies to cops--what about civilian witnesses (such as business owners, etc.) who have evidence (like security camera tapes) but who are hesitant to share it? That's why subpoena power is important.
Here we are, 15 months later, with no functioning CRA and they are just starting to put together their operating rules. This is what you get with the CRA under the Civil Rights Department--delay after delay. I remember very well in July 2002 the city council instructing Van Owens Hayes to post and fill the open positions on the CRA board and to get it going ASAP. All this time later and still no cases are being heard. The media has made a big hoopla over the fact that complaints are down (though not to CUAPB--our complaint numbers are steadily climbing every month). Do you suppose the absolute non-response to complaints by the CRA has something to do with it? The community is not stupid. After a while, they take the hint and stop making complaints. If anything, it is LONG PAST time for the CRA to start doing its job!
Michelle Gross Bryn Mawr
At 07:46 PM 10/27/03 -0600, WizardMarks wrote:
WM: I read through all the rules and have questions around two issues: first, what is a "Garrity Warning"? It appears to be a warning to elicit the truth from police officers, but the warning itself is not written into the rules. Second, why is there no supoena (sp?) power in the CRA?
WizardMarks, Central
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