Spokane7
50°
June 24, 2010 in Opinion
Editorial: Ombudsman ordinance should only get stronger
Though we must wait another week, the Spokane City Council looks to be on the verge of adopting a stronger police ombudsman ordinance. This is good news, because the community had grown skeptical of the current version, which doesn’t allow the ombudsman, Tim Burns, to conduct independent investigations.
Because the original ordinance was watered down due to worries over a police union challenge, the audience that attended Monday night’s council meeting grew wary when they heard that a new draft had been produced earlier that day. As the meeting stretched into Tuesday morning, the council voted to postpone a decision.
As it turns out, the new version still allows the ombudsman to conduct independent inquiries, rather than merely shadowing the probes of the Police Department. The late changes seemed designed to make sure that the ordinance can withstand a likely legal challenge from the Spokane Police Guild on whether the ombudsman will be involved with punishment decisions.
Both the original and new drafts state: “The OPO (ombudsman) shall not have a role in any disciplinary matter. All disciplinary decisions will be made by the chief (or designee).”
However, some council members were worried that a provision that would have opened up Internal Affairs investigations could be interpreted by the courts or the Public Employment Relations Commission as veering into disciplinary waters since Internal Affairs probes can lead to punishment. The new draft strikes that section, but it still gives Burns expanded powers to interview complainants and witnesses for his reports even if Internal Affairs has declined to investigate.
Currently, Burns can only review police investigations and determine whether they were “timely, thorough and objective.” Eighteen of the 19 cases he reviewed in his first year received that blessing, but the general public hasn’t been convinced that he has enough independence for those ratings to be meaningful. Burns reversed himself recently, saying that to be credible his office does need more power. In addition, the city has just established a website for the ombudsman to make it easier for citizens to file complaints or praise. We hope that one day it will also contain detailed reports of each investigation.
Burns’ request for more independence could be the tipping point for council members and the mayor. It should be, because he is right. He won’t be taken seriously until he is independent.
To respond online, click on Opinion under the Topics menu at www.spokesman.com.
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Ron_the_Cop on June 24 at 7:49 a.m.
Readers may be interested in the comments from people that attended the Council Meeting. Some of their comments are in S-R Reporter Brunt’s previous story on the proposed revision of the OPO ordinance.
Here’s my comment:
http://www.spokesman.com/stories/2010/jun/23/city-delays-police-issue/
LOL Mr. Adams,
I tend to agree with you. While the other matters the Council was considering were important, you’d think they could have changed the order to accommodate the number of citizens that turned out to give testimony. There were over 60 people remaining at 11PM when the revision to the OPO ordinance was considered. Further submitting yet another revision of this ordinance at the last minute was very bad form. Many who were prepared to speak had to change their testimony at the last minute.
The Mayor and the Chief left after the debate on the police evidence building and the relocation of the police investigative units.
I gave testimony at this Council Meeting. Here’s my prepared statement I delivered:
http://tinyurl.com/2a32rjl
Here’s the audio of my presentation that excerpted my prepared statement:
http://www.wikiupload.com/tQAlh4pH
I will post more later at my blog:
www.ronthecop.com
Det. Ron Wright (Retired)
liarsinnews on June 24 at 8:23 a.m.
Obviously, the SR editors didn`t believe any of the 65 people who signed up to testify at the council meeting. If they had listened I`d think the rubbish in today`d editorial would have a different slant. The persons who addressed the council were convincing, and speaking from their heart, told of horror stories regarding Spokane`s finest actions. Reminded me of the world war II, SS troops in Germany. Of course the SPD have dedicated officers but it seems to me we have far too many bad apples in the barrel. The justice system failed regarding the tragic deaths of both Otto Zehm and Jo Savage. Its evident the system is broken and the Ombudsman could do nothing about it even if he tried, which he did not.
ChefGus/ John Olsen on June 24 at 4:08 p.m.
The key to changing this system for the good, is to have an effective Prosecutor of legal infractions by ALL citizens ( which the police force are).. Using internal investigation to avoid prosecution has to stop. As soon as we have tried ( and convicted) people for excessive force, the internal culture, and the Thin Blue Line will be “Broken”… Wondering where the officers that “Broke Blue” on the recent case have ended up? Anyone know?? john