By Maggie Shepard, Albuquerque Tribune
An Albuquerque police SWAT officer faces discipline for falsifying arrest documents, but has been exonerated on other charges leveled in a complaint last year.
The complaint filed with the Independent Review Office stemmed from a man's arrest in October on charges of littering and disobeying a police officer. It alleged that Officer Eric Brown made up a reason to justify the arrest.
Jay Rowland, the city's recently retired Independent Review Officer, investigated the complaint and sided with the civilian, but Police Chief Ray Schultz disagreed.
The differing views could have been brought before the volunteer Police Oversight Commission at its televised meeting Thursday night, but a last-minute deal between the Albuquerque Police Department and the review office kept the issue out of public view.
The deal concedes that Brown did falsify the documents, but not intentionally, said APD Internal Affairs Lt. Paul Feist.
It also concedes that the department's disciplinary plan for him is sufficient, said IRO investigator Trey Flynt.
Word of the agreement spread quickly through the audience, which was packed with Albuquerque police officers, including several of Brown's superiors.
Lt. Bob Huntsman, Brown's SWAT commander, said the two dozen SWAT team and bomb squad members came to the meeting to support their fellow officer.
Huntsman said he felt satisfied with the agreement, which has yet to be finalized by Schultz and must still go before the commission for final approval at its June meeting.
The police report of the incident says Brown found an American Indian man and his family parked in a handicap spot at a Wal-Mart.
Brown says in his report that "they obviously did not have any physical impairments."
He wrote that after he confronted the family, members yelled at him, accused him of racially profiling them and then one of the vehicle occupants tossed his gum on the ground. He only picked it up after several commands to do so, Brown wrote.
The report also says that when Brown suspected the man of being intoxicated, the man became belligerent and would not provide identification.
The woman in the car filed the complaint. It says the family showed Brown a handicap sticker for their son's illness, but that Brown continued to harass them using curse words to the point their children began to cry and bystanders began to ask if they were OK.
Feist and Flynt, representing the police and the IRO, respectively, agreed that Brown broke several rules in addition to falsifying documents, but was exonerated of other allegations in the complaint.
Discipline matters, including officers' names, are generally not made public by the Police Department; the oversight commission does not reveal officers' names.
Brown's name was found in several court and police documents related to the case.
In other news from the meeting:
The political stalemate between the City Council and Mayor Martin Chavez that has kept one commission seat vacant continued.
For at least the 12th time, commissioners heard the mayor's staff say he has submitted a candidate to represent Councilor Brad Winter's district on the commission and is waiting for the council to vote on it.
For at least the 12th time, commissioners heard City Council staff say the council rejected the mayor's candidate. The council maintains that the mayor must select one of Winter's two proposed candidates, and forward one for approval.
Chavez says the city charter allows him to pick whomever he wants, and this time it wasn't one from Winter - a political rival.
Newly selected Independent Review Officer William Deaton, up for confirmation at the next City Council meeting, did not attend.
Nor did his predecessor, Jay Rowland, who retired in April.
The commission gave Schultz its support in light of a recent police union action that may result in giving the chief a vote of no confidence.
Some union members started the process to denounce the chief in an April meeting. The final vote comes in about three weeks.
Showing posts with label Police Oversight Commission. Show all posts
Showing posts with label Police Oversight Commission. Show all posts
Friday, May 11, 2007
Saturday, May 5, 2007
New IRO will take charge in June: William Deaton says job is about `finding facts'
By Maggie Shepard, Albuquerque Tribune
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
Saturday, October 22, 2005
Investigators Can't Handle Caseload
By Jeff Proctor, Journal Staff Writer
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Thursday, September 15, 2005
Board Won't Rule In Police Abuse
By Jeff Proctor, Journal Staff Writer
Jay Rowland, Albuquerque's top police watchdog, found himself in an unfamiliar position earlier this year when he saw an APD officer kick a homeless man "for absolutely no reason."
Rowland filed a citizen complaint against the officer, who was not named, in the Jan. 7 incident, alleging excessive force.
Police Chief Ray Schultz agreed with Rowland that the officer used poor judgment but ruled that there was not enough evidence to sustain the excessive force complaint.
At its monthly meeting last week, the Police Oversight Commission heard Rowland's and APD's versions of the incident but declined to rule on the case, citing conflict of interest. The case will be decided by the city Chief Administrative Officer James Lewis.
Rowland normally investigates citizen complaints, makes a ruling, then reports to the commission.
According to Rowland:
The officer got out of his car— on First SE, near the Century Downtown movie theater— and began talking to a man who "looked homeless."
"I couldn't hear the conversation, but I heard the officer say 'curb,' '' Rowland said. "He then kicked the man so hard he almost fell down. ... The man kept saying, 'But you didn't have to kick me.' ''
Rowland did not approach the officer at the time, instead deciding to go to the movies with his daughter and son-in-law.
Rowland's daughter and son-in-law also testified they believe the officer used excessive force in the incident.
According to APD Lt. Matt Suazo, who investigated the case for the department's internal affairs division:
A woman had flagged the officer down and reported that a pair of transient men were throwing rocks at buses.
One of the men tried to flee, and the officer apprehended him. After the man tried twice more to get away, the officer "did grab him by the shoulder and strike him, but only enough to gain compliance," Suazo said.
The officer did not cuff the man, nor did he write an incident report, Suazo said.
"Both of those things should have been done, and he was disciplined appropriately," he said.
Rowland contends the man was "in no shape to run, so he wasn't going to escape."
"Maybe handcuff him," Rowland said. "But there are other things to do besides a kick of the magnitude I saw."
Jay Rowland, Albuquerque's top police watchdog, found himself in an unfamiliar position earlier this year when he saw an APD officer kick a homeless man "for absolutely no reason."
Rowland filed a citizen complaint against the officer, who was not named, in the Jan. 7 incident, alleging excessive force.
Police Chief Ray Schultz agreed with Rowland that the officer used poor judgment but ruled that there was not enough evidence to sustain the excessive force complaint.
At its monthly meeting last week, the Police Oversight Commission heard Rowland's and APD's versions of the incident but declined to rule on the case, citing conflict of interest. The case will be decided by the city Chief Administrative Officer James Lewis.
Rowland normally investigates citizen complaints, makes a ruling, then reports to the commission.
According to Rowland:
The officer got out of his car— on First SE, near the Century Downtown movie theater— and began talking to a man who "looked homeless."
"I couldn't hear the conversation, but I heard the officer say 'curb,' '' Rowland said. "He then kicked the man so hard he almost fell down. ... The man kept saying, 'But you didn't have to kick me.' ''
Rowland did not approach the officer at the time, instead deciding to go to the movies with his daughter and son-in-law.
Rowland's daughter and son-in-law also testified they believe the officer used excessive force in the incident.
According to APD Lt. Matt Suazo, who investigated the case for the department's internal affairs division:
A woman had flagged the officer down and reported that a pair of transient men were throwing rocks at buses.
One of the men tried to flee, and the officer apprehended him. After the man tried twice more to get away, the officer "did grab him by the shoulder and strike him, but only enough to gain compliance," Suazo said.
The officer did not cuff the man, nor did he write an incident report, Suazo said.
"Both of those things should have been done, and he was disciplined appropriately," he said.
Rowland contends the man was "in no shape to run, so he wasn't going to escape."
"Maybe handcuff him," Rowland said. "But there are other things to do besides a kick of the magnitude I saw."
Friday, July 22, 2005
APD Officer Named in Other Excessive Force Lawsuits
Associated Press
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
Saturday, March 19, 2005
Independent APD Review Called For
By Jeff Proctor, Journal Staff Writer
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
Saturday, January 15, 2005
APD Chief Stands by Officer; Racial Profiling Accusation Made
By T.J. Wilham, Journal Staff Writer
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Thursday, December 16, 2004
City: Former APD Officer Stole $700 From Man He Arrested
By Jeff Proctor, Journal Staff Writer
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
Saturday, December 11, 2004
APD Racial Profiling Allegations Continue
aturday, December 11, 2004
APD Racial Profiling Allegations Continue
By Jeff Proctor
Journal Staff Writer
The Albuquerque Police Oversight Commission says accusations of racial profiling have not ceased.
The commission voted unanimously Thursday to direct the city's Independent Review Office to send a letter to APD Chief Gilbert Gallegos, asking him to look closely at whether biased-based policing is practiced by the department.
According to APD's procedures, officers are not to target individuals based on race, ethnicity, gender, sexual orientation, religious affiliation or economic status.
"If APD does not practice it, we need to find a way for them to not be accused of it so often," said the Rev. J. L'Keith Jones, a commission member. "Their standard needs to be upheld, and the mayor's task force needs to be upheld."
Mayor Martin Chávez created the 18-member task force in March to determine whether biased-based policing occurs within the city.
The commission has dealt with numerous instances of alleged profiling, most recently on Thursday, when it considered a complaint filed on behalf of Essa Dalloul.
In May, Albuquerque police detained Dalloul, then 20, for more than two hours at Coronado Center after mall security guards saw two Middle Eastern men praying outside. However, Dalloul was not one of the men praying, according to an Independent Review Office investigation.
The officers didn't arrest Dalloul, but when they checked his identification against a national database, a notice appeared to contact the FBI, the investigation shows.
Officers also detained several "Arab" people inside the mall who said they knew Dalloul and asked them for ID, the investigation states.
Initially, Gallegos told the officers not to talk about the reasons they called the FBI, and he also refused to be interviewed by the Independent Review Office. Gallegos and the officers later cooperated.
Gallegos and Independent Review Officer Jay Rowland determined there was not enough evidence to say the officers used racial profiling, so they did not sustain the complaint. Dalloul could not be reached for comment.
"I agree that racial profiling takes place, but, in this case, it sounds like the officers got it straightened out after they discovered they had the wrong guy," said Commissioner Michael Cook, who along with five other commissioners upheld Rowland's decision.
And though Jones also agreed to not sustain the complaint, he issued a stern warning: "We need to address this, and the chief needs to address this, or as long as our military is in Iraq, we're going to have a steady stream of cases coming before us with members of the Arab community."
APD Racial Profiling Allegations Continue
By Jeff Proctor
Journal Staff Writer
The Albuquerque Police Oversight Commission says accusations of racial profiling have not ceased.
The commission voted unanimously Thursday to direct the city's Independent Review Office to send a letter to APD Chief Gilbert Gallegos, asking him to look closely at whether biased-based policing is practiced by the department.
According to APD's procedures, officers are not to target individuals based on race, ethnicity, gender, sexual orientation, religious affiliation or economic status.
"If APD does not practice it, we need to find a way for them to not be accused of it so often," said the Rev. J. L'Keith Jones, a commission member. "Their standard needs to be upheld, and the mayor's task force needs to be upheld."
Mayor Martin Chávez created the 18-member task force in March to determine whether biased-based policing occurs within the city.
The commission has dealt with numerous instances of alleged profiling, most recently on Thursday, when it considered a complaint filed on behalf of Essa Dalloul.
In May, Albuquerque police detained Dalloul, then 20, for more than two hours at Coronado Center after mall security guards saw two Middle Eastern men praying outside. However, Dalloul was not one of the men praying, according to an Independent Review Office investigation.
The officers didn't arrest Dalloul, but when they checked his identification against a national database, a notice appeared to contact the FBI, the investigation shows.
Officers also detained several "Arab" people inside the mall who said they knew Dalloul and asked them for ID, the investigation states.
Initially, Gallegos told the officers not to talk about the reasons they called the FBI, and he also refused to be interviewed by the Independent Review Office. Gallegos and the officers later cooperated.
Gallegos and Independent Review Officer Jay Rowland determined there was not enough evidence to say the officers used racial profiling, so they did not sustain the complaint. Dalloul could not be reached for comment.
"I agree that racial profiling takes place, but, in this case, it sounds like the officers got it straightened out after they discovered they had the wrong guy," said Commissioner Michael Cook, who along with five other commissioners upheld Rowland's decision.
And though Jones also agreed to not sustain the complaint, he issued a stern warning: "We need to address this, and the chief needs to address this, or as long as our military is in Iraq, we're going to have a steady stream of cases coming before us with members of the Arab community."
Monday, November 22, 2004
We Got The Camera: CopWatch Starts Patrolling Albuquerque
For Immediate Release:
We Got The Camera: Cop Watch Starts Patrolling Albuquerque
Email: Copwatch505 (at) riseup (dot) net
In response to incidents of police brutality a group of Albuquerque
residents have banded together to change the way police treat people. They
will soon be hitting the streets with bright orange shirts, knowledge of
the law, and video cameras aimed at local police.
Cop Watch seeks to change the ways in which police treat youth of color,
homeless people, and the public generally.
Cop Watch is hosting a training on how and why citizen monitoring of police
behavior is a good idea, how to be safe and effective, and what your legal
rights are when dealing with the police.
Inspired by the community cop watching patrols of the Black Panther Party
and the Brown Berets, the Cop Watch movement has grown in recent years to
include several groups across the country. The goal of CopWatch is to
change the behavior of the police, and in some cities, they have. In
Phoenix, AZ, police are now trained to always behave as if they are always
being filmed and watched by citizens. This was not part of their training
until Phoenix Cop Watch began patrolling.
Houston Cop Watch member Heather Ajani says that Cop Watch has changed
police behavior in cities like Phoenix and Houston. “When they are being
filmed, police are more polite and respectful of people they are
detaining, questioning, or apprehending.”
The impetus to start civilian patrols of the police in Albuquerque came
from a series of meetings that Vecinos United and other community based
organizations were having with victims of police brutality. Vecinos United
organizer Andres Valdez was part of the campaign which pushed the city to
create a Police Oversight Commission four years ago.
Now he says that the POC, lacking independence and authority has proved to
be “pretty much a rubber stamp for the police and they regard it as a
joke.” Valdez says that Cop Watch will be good because “Now we have to do
as much as we can for and by ourselves.”
Many victims of police brutality fear lodging formal complaints with the
city and say that police have engaged in intimidation to silence them.
Cop Watch hopes to change this by educating people about their legal rights
and working with community organizations to bring about justice.
The day long training session will be on December 4th at 929.5 4th St SW,
starting at 9:30 am. The training is free to the general public, but no
public or private law enforcement officers are allowed to attend. Coffee
and meals will provided. Those who need childcare should notify the
organizers. Those who wish to attend should RSVP by email or phone.
We Got The Camera: Cop Watch Starts Patrolling Albuquerque
Email: Copwatch505 (at) riseup (dot) net
In response to incidents of police brutality a group of Albuquerque
residents have banded together to change the way police treat people. They
will soon be hitting the streets with bright orange shirts, knowledge of
the law, and video cameras aimed at local police.
Cop Watch seeks to change the ways in which police treat youth of color,
homeless people, and the public generally.
Cop Watch is hosting a training on how and why citizen monitoring of police
behavior is a good idea, how to be safe and effective, and what your legal
rights are when dealing with the police.
Inspired by the community cop watching patrols of the Black Panther Party
and the Brown Berets, the Cop Watch movement has grown in recent years to
include several groups across the country. The goal of CopWatch is to
change the behavior of the police, and in some cities, they have. In
Phoenix, AZ, police are now trained to always behave as if they are always
being filmed and watched by citizens. This was not part of their training
until Phoenix Cop Watch began patrolling.
Houston Cop Watch member Heather Ajani says that Cop Watch has changed
police behavior in cities like Phoenix and Houston. “When they are being
filmed, police are more polite and respectful of people they are
detaining, questioning, or apprehending.”
The impetus to start civilian patrols of the police in Albuquerque came
from a series of meetings that Vecinos United and other community based
organizations were having with victims of police brutality. Vecinos United
organizer Andres Valdez was part of the campaign which pushed the city to
create a Police Oversight Commission four years ago.
Now he says that the POC, lacking independence and authority has proved to
be “pretty much a rubber stamp for the police and they regard it as a
joke.” Valdez says that Cop Watch will be good because “Now we have to do
as much as we can for and by ourselves.”
Many victims of police brutality fear lodging formal complaints with the
city and say that police have engaged in intimidation to silence them.
Cop Watch hopes to change this by educating people about their legal rights
and working with community organizations to bring about justice.
The day long training session will be on December 4th at 929.5 4th St SW,
starting at 9:30 am. The training is free to the general public, but no
public or private law enforcement officers are allowed to attend. Coffee
and meals will provided. Those who need childcare should notify the
organizers. Those who wish to attend should RSVP by email or phone.
Wednesday, August 11, 2004
Weak Link in Police Oversight
Letters to The Editor, Albuquerque Journal
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
Monday, July 12, 2004
Complaints Against APD Are On Rise
By Jeff Proctor, Journal Staff Writer
Citizen complaints against the Albuquerque Police Department are on the rise, according to a report compiled by the city's Independent Review Office.
The report also concludes that APD and the district attorney's office need to deal more swiftly with cases that involve police shootings and possible criminal wrongdoing by officers.
A record 25 citizen complaints were made to the Albuquerque Police Oversight Commission in June, bringing the yearly total to 136, according to the quarterly report.
The 220 complaints filed last year were the most in the commission's five-year history, and Rowland is convinced that record will be broken this year.
However, the rising volume of complaints doesn't reflect negatively on APD, said Independent Review Officer Jay Rowland.
"It means citizens have more faith in the system and they're more willing to come forward for resolutions," he said. "These complaints have (been) shown to benefit the department. This is what oversight is all about."
For example, the POC for months was inundated with complaints about inadequate staffing, medical care and other shortcomings at a prisoner transfer station, Rowland said.
The station was closed March 10 after an inspection by Rowland and an APD Internal Affairs commander.
Though the citizen complaint portion of the oversight process has improved each year, cases involving police shootings and officer wrongdoing are taking far too long to be resolved, the report shows.
Those cases begin with an APD criminal investigation, then go to the DA and Internal Affairs before Rowland reviews them.
Rowland said he knows of at least eight cases that are backlogged at APD and the DA's office, some of which have been pending longer than 18 months.
Several months ago, the POC sent letters to Mayor Martin Chávez and the DA's office requesting police shooting cases be dealt with faster, Rowland said.
Since then, the DA's office has completed five cases and sent them to the POC, he said.
Commissioners and police recently began researching ways to speed up cases involving criminal wrongdoing by officers, he said.
"We're starting to gather information about which cases are pending (with APD) so we can keep the system moving," Rowland said.
The POC has resolved 99 of this year's citizen complaints; 37 are pending, according to Rowland's report. In 17 cases, the oversight commission has sustained the complaint.
APD has disciplined 94 percent of the officers in sustained cases, the report shows.
Last year, officers were disciplined in 87 percent of sustained cases, as compared with 58 percent in 2002 and 60 percent in 2001, according to the report.
Citizen complaints against the Albuquerque Police Department are on the rise, according to a report compiled by the city's Independent Review Office.
The report also concludes that APD and the district attorney's office need to deal more swiftly with cases that involve police shootings and possible criminal wrongdoing by officers.
A record 25 citizen complaints were made to the Albuquerque Police Oversight Commission in June, bringing the yearly total to 136, according to the quarterly report.
The 220 complaints filed last year were the most in the commission's five-year history, and Rowland is convinced that record will be broken this year.
However, the rising volume of complaints doesn't reflect negatively on APD, said Independent Review Officer Jay Rowland.
"It means citizens have more faith in the system and they're more willing to come forward for resolutions," he said. "These complaints have (been) shown to benefit the department. This is what oversight is all about."
For example, the POC for months was inundated with complaints about inadequate staffing, medical care and other shortcomings at a prisoner transfer station, Rowland said.
The station was closed March 10 after an inspection by Rowland and an APD Internal Affairs commander.
Though the citizen complaint portion of the oversight process has improved each year, cases involving police shootings and officer wrongdoing are taking far too long to be resolved, the report shows.
Those cases begin with an APD criminal investigation, then go to the DA and Internal Affairs before Rowland reviews them.
Rowland said he knows of at least eight cases that are backlogged at APD and the DA's office, some of which have been pending longer than 18 months.
Several months ago, the POC sent letters to Mayor Martin Chávez and the DA's office requesting police shooting cases be dealt with faster, Rowland said.
Since then, the DA's office has completed five cases and sent them to the POC, he said.
Commissioners and police recently began researching ways to speed up cases involving criminal wrongdoing by officers, he said.
"We're starting to gather information about which cases are pending (with APD) so we can keep the system moving," Rowland said.
The POC has resolved 99 of this year's citizen complaints; 37 are pending, according to Rowland's report. In 17 cases, the oversight commission has sustained the complaint.
APD has disciplined 94 percent of the officers in sustained cases, the report shows.
Last year, officers were disciplined in 87 percent of sustained cases, as compared with 58 percent in 2002 and 60 percent in 2001, according to the report.
Wednesday, May 19, 2004
APD Oversight Bill Passes
By Lloyd Jojola, Journal Staff Writer
A bill aimed at beefing up Albuquerque police oversight has been approved by the City Council.
"There were a lot of issues about the (Police Oversight Commission) and the (Independent Review Officer) not having enough teeth," said City Councilor Brad Winter, who sponsored the amendment of the city's police oversight ordinance. "What these amendments did is give the POC some teeth."
The oversight commission and independent review office were formed under a bill passed in 1998 to enhance civilian oversight of the city's police department. Winter said the oversight commission and the police chief agree on citizen complaint and police excessive force cases the vast majority of the time. How the disagreements are dealt with raised issues.
The nine-member council unanimously passed the bill Monday. It will be forwarded to Mayor Martin Chávez.
The Police Oversight Commission will increase in size from seven to nine members, or one from each council district, under the measure. Training requirements are also added for commissioners.
Some of the changes are more significant than others, said Jay A. Rowland, the city's independent review officer.
"Our big, significant one is the POC is now going to make all the findings, not me," Rowland said. "This gives them the opportunity to really get their fingers in it if they want to. Before, they really didn't have that choice. But I felt it was more important to transfer whatever authority I had to them so that they are the guys that have to make the decisions."
In addition, the POC findings will go into the officer's record even if they disagree with the chief, he said. The POC, chief or officer also can appeal to the city's chief administrative officer if there is a disagreement on findings.
Rowland said the measure also clarifies the police chief cannot change findings.
A system will be put in place "where if anybody feels it's appropriate to change findings that there is now a standard for review and a procedure that it's got to go back to the POC and the POC decides," Rowland said.
While the bill was tweaked somewhat after representatives of the POC, IRO, the police department, police union and the administration met, people seemed satisfied with it.
"What I'm happy about is we met with all the players ... and we worked things out," said POC Chairman Joe T. Gutierrez. "We gave in a little and they gave in a little, and I feel very comfortable with the outcome."
Said Winter, "I really think that this is democracy at work, and this is a great bill. And, you know, maybe down the road in a couple of years we might try to make it a little stronger."
A bill aimed at beefing up Albuquerque police oversight has been approved by the City Council.
"There were a lot of issues about the (Police Oversight Commission) and the (Independent Review Officer) not having enough teeth," said City Councilor Brad Winter, who sponsored the amendment of the city's police oversight ordinance. "What these amendments did is give the POC some teeth."
The oversight commission and independent review office were formed under a bill passed in 1998 to enhance civilian oversight of the city's police department. Winter said the oversight commission and the police chief agree on citizen complaint and police excessive force cases the vast majority of the time. How the disagreements are dealt with raised issues.
The nine-member council unanimously passed the bill Monday. It will be forwarded to Mayor Martin Chávez.
The Police Oversight Commission will increase in size from seven to nine members, or one from each council district, under the measure. Training requirements are also added for commissioners.
Some of the changes are more significant than others, said Jay A. Rowland, the city's independent review officer.
"Our big, significant one is the POC is now going to make all the findings, not me," Rowland said. "This gives them the opportunity to really get their fingers in it if they want to. Before, they really didn't have that choice. But I felt it was more important to transfer whatever authority I had to them so that they are the guys that have to make the decisions."
In addition, the POC findings will go into the officer's record even if they disagree with the chief, he said. The POC, chief or officer also can appeal to the city's chief administrative officer if there is a disagreement on findings.
Rowland said the measure also clarifies the police chief cannot change findings.
A system will be put in place "where if anybody feels it's appropriate to change findings that there is now a standard for review and a procedure that it's got to go back to the POC and the POC decides," Rowland said.
While the bill was tweaked somewhat after representatives of the POC, IRO, the police department, police union and the administration met, people seemed satisfied with it.
"What I'm happy about is we met with all the players ... and we worked things out," said POC Chairman Joe T. Gutierrez. "We gave in a little and they gave in a little, and I feel very comfortable with the outcome."
Said Winter, "I really think that this is democracy at work, and this is a great bill. And, you know, maybe down the road in a couple of years we might try to make it a little stronger."
Sunday, May 2, 2004
Changes May Be in Store for Rules on Police Oversight
By Lloyd Jojola, Journal Staff Report
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
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