August 28, 2011 in Opinion

Editorial: Community demands ombudsman with clout

 
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Background and the latest updates

Spokane City Council members are pondering several options in response to an arbitrator’s July ruling that revoked new powers for the police ombudsman because the Spokane Police Guild had not been consulted. A heated, well-attended council meeting Monday shows that the public is tuned in.

The ombudsman’s office was created in 2008 and strengthened last year to give the ombudsman the ability to conduct independent investigations and to publicize the results. The Otto Zehm tragedy was the impetus behind its creation, and revelations from that case have confirmed the need for strong, independent oversight of law enforcement.

(By the way, this includes the Spokane County Sheriff’s Office, which would have benefited from having an independent office looking into the Wayne Scott Creach case; Creach was the pastor shot to death by a deputy. Too often the law enforcement community dwells on the possible downsides of an ombudsman, without considering the benefits of having a credible entity outside of law enforcement convey the news that officer-involved force is justified.)

The public has great cause for skepticism, because it sees a police union battling changes as if its rank-and-file officers had wrongdoing to hide. This widening public sentiment has motivated the City Council to search for ways to preserve the improved ombudsman ordinance.

The council is considering appealing the arbitrator’s ruling to the Public Employment Relations Commission, or lobbying the state Legislature to alter labor statutes so that it’s clear police unions need not be consulted on oversight. The council might also launch a ballot initiative to help build a public case for those statutory changes.

So what should the council do? Whatever it takes. The public has demonstrated its passion, and weaker versions of “independent” oversight have demonstrated the need.

What the council should not do is merely rescind the changes, return to the 2008 version and move on. It needs to demonstrate that it will continue to fight until the community’s reasonable demands are met.

Of course, the guild itself could provide smooth sailing by simply announcing it will embrace the changes and not make them an issue at the next round of collective bargaining. But if history is a guide, that’s not likely.

Legislators hold the key. Current laws are the reason no city in Washington state has a strong ombudsman’s office. The much-touted Boise model works, because Idaho statutes allow it.

Legislators should note that it isn’t just Spokane grappling with this issue. The U.S. Justice Department is investigating the Seattle Police Department over use-of-force complaints. And Seattle’s oversight entity – the Office of Professional Accountability – also faces public criticism for not having enough power.

Law enforcement’s credibility is taking a beating, but it shows no signs of shielding itself from self-inflicted wounds. We urge state and local leaders to step in and work on solutions, no matter how long it takes.

Two comments on this story so far. Add yours!
  • ChefGus/ John Olsen on August 28 at 9:40 a.m.

    A hot link here to the current news article by Jonathan Brunt seems to be appropriate. I am surprised there are not more outraged citizens…. and that those that are are not treated better by the City Council…. All on the City Council are responsible for graciousness and decorum. The citizens deserve an open forum where they can speak uninterrupted and feel like they are being heard.

    http://www.spokesman.com/stories/2011/aug/28/feds-sought-meetings-with-city-leaders-on-zehm/#c337348

    There is a telling article in the Inlander this week about the recent Supreme Court decision around the Police Guilds in the state that seems to have been completely overlooked by this newspaper…Take a look at it Mr Editor…john

  • Ed Byrnes on August 30 at 11:18 a.m.

    Attend and participate the September 26th City Council meeting.

    During the August 22nd meeting the council suspended action on a motion to repeal the 2010 Ombudsman ordinance and ask for an opinion about the arbitrator ruling from PERC.

    Rather than suspend action on a motion to direct the City Attorney to appeal the arbitrator ruling the council withdrew that motion entirely. Although it may seem insignificant withdrawing the motion, according to rules of order, make it new business if it comes up during the September 26th meeting. If we need to appeal the arbitrator ruling the motion could not be voted on until the October 4th City Council meeting unless they suspend the rules for the appeal motion.

    The appeal deadline is October 11th, and October 4th allows almost no time to mount an appeal that is likely to succeed, and September 26th is barely enough time for this undertaking.

    No member of the City Council disputed any of these statements when I made them in chambers on August 22nd.

    Attend and participate in the September 26th meeting to directly observe how committed to oversight the City Council is.

    Ed Byrnes

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