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California Assembly Caves in to Police Threats on Your Right to Know About Officer Misconduct--SB 1019 Won't Get Another Hearing as Promised

Assembly Hearing Last Week with special guests of the Chair in front row of audience
By Frank D. Russo
California State Senator Gloria Romero's bill, SB 1019, to allow a little bit of sunshine in and let the public know when police officers are disciplined, will apparently not be heard in the Assembly Public Safety Committee and is being bottled up there with the fingerprints of the Speaker on this move. The committee refused to vote on the bill last week--it didn't even get a motion from a single member of the committee, and requests for it to be set for a hearing with amendments proposed have been refused despite a personal plea from Romero to the Speaker of the Assembly and the Committee Chair, Jose Solorio.
This bill would restore what was California law for years--without problems--before the California Supreme Court's Copley decision. That decision, based on a technical distinction between employing agencies and independent agencies, prohibited police commissions, civilian review boards, personnel boards or civil service commissions from releasing any disciplinary information on misconduct cases.
After a lengthy hearing last Tuesday, with the audience flowing into the hallway outside, the Assembly Public Safety committee refused to vote even vote on Romero's bill, but instead remained mute when a request for a motion to vote on the bill was raised. Romero said at the time: “I am disappointed that not one member of the committee made a motion to allow for a vote on the bill. We come to Sacramento to vote – not remain silent. I would have had more respect for committee members had they voted up or down and not let the bill die in silence.”
At the hearing, Sen. Romero asked if the bill was eligible to be heard the following week. Solorio, the Chair of the committee replied, “Yeah, yeah, we can set it for hearing again.” But on Friday, Romero learned that he had changed his mind and that the measure would not be on tomorrow's calendar. No other hearing of the committee is scheduled before next week's July 13 deadline for Senate bills to pass out of Assembly policy committees.
There was one vacant seat in the hearing room last week--that of Assemblymember Mark Leno--who had been removed by the Speaker from the Public Safety Committee. Leno supported SB 1019. The Speaker has the power to appoint a Democratic member to replace Leno and hasn't exercised that power.
How does a bill that passed the California State Senate with 18 Democratic Senators in support not even get one Assemblymember to move the bill--and produce a record for you and me to know where they stand? If you want to connect the dots, yesterday's article by Steven Greehut, "Cop lobby flexes its muscle: The cop lobby uses its muscle to shut down public oversight of bad officers" lays out the details. Here's one little bit of what Greenhut had to say:
The chairman claimed that he didn't like the bill because it allowed cities to set their own standards and that he preferred a statewide standard. Yet Solorio opposed the previous bill also, which included those exact standards he now said he wants. Welcome to Alice in Wonderland, where words don't mean anything in particular, but rather are spin to excuse a preordained conclusion.As far as wanting more amendments, a frustrated Romero told the committee: "I introduced this bill months and months and months ago. … Not one amendment has ever been offered to me. Not one paragraph, not one sentence, not one word, not one syllable." What was offered from two leading police organizations: a direct threat to legislators that the groups would oppose term-limits reform (that's hitting below the belt, given that legislators desperately want to stay in office longer) if this legislation ever becomes law.
Backers of the bill assembled a wide range of supporters. The list of opponents consisted entirely of police organizations, unions and government groups.
On June 5, SB 1019 passed the California State Senate despite, or maybe because of an emailed threat to link the bills passage to law enforcement opposition to term limit changes. We reported earlier about how the President of the Professional Police Officers Association (PPOA) and the Southern California Association of Law Enforcement (SCALE), wrote an e-mail to a chief lobbyist of multiple high-profile law enforcement organizations with the following passage:
"As I have said all along, PPOA and SCALE adamantly oppose this legislation to the point that if it is passed we will move quickly to oppose any term limit reform legislation publicly. There is no compromise on this. Ensure that it be understood that this will only be the beginning. I do not know how I can be more clear on this issue."
When that happened in the Senate, it was the subject of discussion at a Democratic caucus, and the bill passed on a 22 to 11 vote, with 4 Republican Senators joining 18 Senate Democrats. Only one Democratic Senator, Lou Correa, voted against it. At the time, Romero said:
"This is one where it did come up in caucus. The members were a bit amazed in looking at this [holding email in her hands] but what I think this email threat shows the extent to which the bill's positions were distorted and intimidation was used to the extent that when they thought it was perhaps going to garner passage on the floor today, they resorted to this type of bold obloquy blackmail. This is just reprehensible, it shouldn't occur in a democracy.
"So, I guess you can expect term limits to be opposed heavily by this group. That's the threat they clearly have here in their email message, but I intend, I asked for them to come in and speak with me about this. The President of the Senate has asked them to come in and speak to him about this. I intend to ask each and every member of this legislature to denounce this type of unethical, illegal bullying behavior. This should have no place in the Capitol."
The threat didn't work in the California State Senate. It shouldn't in the Assembly. I wouldn't expect many Republicans to support the bill, although four principled Republican Senators did so in that house. I would expect Democrats to support this measure in the Assembly. They ought to at least tell us where they stand, and why.
For more information about the Copley Press decision and SB 1019, the ACLU has an excellent frequently asked questions section on its site. There also are excellent articles in the Fog City Journal, and editorials in the Los Angeles Times, "Bullies in Blue" and the San Francisco Chronicle, "Silence on Sunshine".
Want to make some news of your own? Contact your Assemblymember about this.
Comments
Law enforcement intimidates, coerces and lies everyday to gain bogus convictions of our children. Welcome to our world Assembly! You have been intimidated by law enforcement to save your precious term limits legislation. You had the power to make a positive change and you were intimidated. Unbelievable!!! None of you deserve to remain legislators if you can be intimidated and coerced by law enforcement. The shame of this is unbelieveable. There will be a movement for term limits and it won't be by law enforcement. It will be by the constituents you are supposed to represent. The regular citizens of this state who elected you to do what is right for them. It is our money that pays your salaries. Shame on you and a short stay in politics will be your fate.
Posted by: Morris1 at July 2, 2007 09:08 AM
I know who will not be getting my vote and the vote of all others I know. You are not representing my best interests if you stay silent. As Romero put it, even if the bill would have been acknowledged is showing something, but to be so disrespectful as to sit there, in silence. Maybe we should sit there in silence when it comes time to vote. What would you do then?
Posted by: cadustin at July 2, 2007 11:43 AM
We talk about transparency in Government. It is nothing more than B.S. Transparency in government not just the governor, senate and assemply people. That means all police officers, the court clerk, the dog catcher. These are agents of the government. In a free democratic republic, which we claim to be, government and its agents need to be able to be scrutinized at any depth. To not allow this, in truth, means that we are in, what used to be known as a 'police state.'
The least level of government that we are currently in, in the state of California, is what is known as an oligarchy, or where power is instilled in just a few.
The way the legislature is voting behind the public's back, as in AB900 (to satisfy and appease the governor), and giving into the law inforcement agencies threats, as in this bill SB 1019, is a perfect example of self-protecting apathy among the leaders of this state. The only victim here is the public. And the legislature or the law enforcement do not give two hoots. Beware voters! We are on our own. Ninety-five percent of the legislature do not care about you! They care about keeping their jobs for the longest period of time they can. Unlike what our founding fathers wanted, for citizens to do a civic duty, to go to the capitol, represent their community, and after their tenure, return to their community to assist other people in how to deal with government. It is known as a 'civic duty,' not a career. Anything other than that, is Un-American!
Posted by: Robert K. Brooks at July 2, 2007 03:00 PM
I have been advised by Assemblymember Leno that he asked to be removed from the Assembly Public Safety Committee months ago, long before Romero's bill was headed to the committee. Leno had his own bill, AB 1648 on these same police records which was held in the committee on April 17, 2007. At that time he didn't even make a motion for it, knowing that it would be defeated.
Leno's assessment is that it would have taken not just one appointment, but a total change of the committee to see legislation like Romero's or his own bill pass, and that the Speaker could not have been able to get the bill passed by twisting arms without that reconstitution of the committee membership.
Yesterday, without permission and without contacting me, the San Francisco Sentinel ran my article with a headline that Leno had been removed from the committee because he favored this bill. I tried to post a comment on the Sentinel, advising them of this information but comments were closed and it is not ascertainable from my perusal of the site how I can contact the publisher of that site.
I am a bit steamed at the Sentinel for using my copyrighted work without permission and the implication in their headline.
Motivations for actions--votes on bills and changes of memberships on committees are difficult to ascertain. While too much blame or credit may have been given the Speaker in this article for the fate of the bill, the fact remains that the Republicans have not supported it and the Democrats on the committee, some of whom would be expected to support open and good government did not move the bill or support it, and there has not been an effort to work with the author of the bill on amendments or solutions to this problem.
Posted by: Frank D. Russo at July 3, 2007 04:06 AM
Frank -- thanks for this excellent summary of a really depressing failure of nerve on the part of "our representatives." Guess most of them represent the police unions.
Posted by: janinsanfran at July 3, 2007 03:07 PM
The actions by our legislators leave no doubt in any voters mind that we live in a Police State. We have the largest prison system in the world, and the only answer any one could come up with was build a bigger prison system? With zero accountability and no transparancy I expect the state's peace officers and prison guards will continue their own crime wave under the guise of public safety!
Posted by: Frank Courser at July 3, 2007 07:19 PM
Yes indeed , a very sad day under the somber s
kies of the California Plantation. Juneteenth... Are we free yet ?
I am the mother of my only child Idriss Stelley, 23 yr. Black student gunned down at the SF Metreon Theater on 6-13-01, by 9 "peace officers, 48 bullets,while he stood alone in a emptied theater,experiencing a mental health ctisis.
In SF, The grieving families of unarmed victims of law enforcement are still waiting for Accessibility and transparency of police records.
SFPD Homicides SINCE Idriss Stelley's execution, and subsequrent websites set up by Idriss Stelley Foundation:
Unidentified victim 2001 (Black,Glide Memorial Church, 2 weeks after Idriss' death. Pastor Cecil Williams refused to issue an offecial statement)
Jahid Akbar 2001 (Castro District) (Gay Black man with HIV related Dementia, his lover Tim Silard still works at the DA office)
Richard Tims 2002 (Excelsior District) (Black disabled, frail man with AIDS)
http://groups.yahoo.com/group/Justice4richard/
Gregory Hooper 2002 (North Beach) (Black street vendor shot in the back by an off duty cop)
Cammerin Boyd 2005 (Western Addition) (Black disabled man with prothetic legs)
Gus Rugley 2005 9alemany Bld.) (Black, shot at 136 times, suspected of murder, the actual perpetrator in now serving a murder sentence)
http://groups.yahoo.com/group/Justice4Gus/
Craig Holden 2006 (Bayview Precinct) ("found dead "at the precinct, severe asthmatic, without his inhalor. Coroner's report showed signs of physical injury.
http://groups.yahoo.com/group/Justice4CRAIG/
Kathleen Eklund 2006 (San Jose Ave) (interracial,shot in the back)
http://groups.yahoo.com/group/rememberKathleen/
Asa Sullivan 2006 (by SF State University) (Black, shot at 26 times, 6 shots in the face)
http://groups.yahoo.com/group/Justice4Asa/
Oliver Big O Letiti 2006 (Mission District) (Samoan, shot in the back)
http://groups.yahoo.com/group/Justice4BigO/
Marlon Ruff 2006 (Subnset District) (Black, shot in the head)
http://groups.yahoo.com/group/RememberMarlon/
Herbert Tyron Watts (Lakeview District) (Black, "stopped breathing")
http://groups.yahoo.com/group/Justice4HerbertWatt/
Marlon Ruff was the only armed subject, who allegedly killed Officer Tuvera, and was ruled a suicide. However, coroner's report points to an possible xecution at close range by Tuvera's grieving partmer.
ENOUGH IS ENOUGH. A powerful coallition of Grieving families and Police accountability activists is forming, laying the ground for petitioning Congress, and a State wide Class Action Suit.
The People will prevail.
mesha,
meshá Mongé-Irizarry, Idriss' Mom
ISF, director
SF Bayview National Black Newspaper Reporter
& member of:
National Hurricane Relief Board
International ADFE (Board of Association of Socialist French Citizens Abroad )
SF Youth Empowerment Funding Advisory Board, (Adult advisor, Dept. of Children, Youth & Families. City Gov)
National "Black&BrownUnityMovement" Member
SF African American Community Policing Relations Board, (AACPRB) South East Branch Member
Rainbow Push Coalition contributing member
Member of October 22 National Coalition to Stop Police Brutality, Bay Area organizer.
Freelance writer, Indybay, Indymedia, Changester and San Jose Happs Magazine
SF Green Party People of Color Caucus
Owner of SF Village Voice Community Radio
Host of SF Bayview CEDP (Campaign to End the Death Penalty)
Director of Education Not Incarceration, SF Chapter
Posted by: mesha Monge-Irizarry at July 4, 2007 02:25 PM
Law enforcement can literally get away with murder on the streets and in the prisons. The politicians allowed California to become a police state, or was it we the voters who allowed these politicians to get elected to office?
It's real folks. I hope everyone is registering the poor and getting ready to bring 20 people each to the polls to vote.
If you want to become an activist for change, sign up for United for No Injustice, Oppression or Neglect who is supporting the prison cap and you'll learn what to do and when to do it.
http://www.1union1.com/Join_the_UNION.html
Those hundreds of thousands of families destroyed by our police state can get out the vote and put an end to these police unions that are terrorizing us with the full cooperation of the legislators.
The UNION is nine years old and has been begging the legislators for help everyday since July 5, 1998. Romero and Leno listen but the Republicans have not and that is going to cost them seats in the next election, plus it is going to cost them their precious human bondage industry because the people of California are fed up.
Posted by: Michael Westmoreland at July 4, 2007 02:34 PM
Why am I not surprised? California continues on its path of being a fascist police state with the most corrupt judiciary in the free world.
"Our safety, our liberty, depends upon preserving the Constitution of the United States as our Fathers made it inviolate. The People of the United States are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
- Abraham Lincoln
Isaiah 10: Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of My people.
Posted by: childrescuer at July 5, 2007 05:30 AM
Well if this doesn't tell you something about the California Legislature politicians then I don't know what we need to be hit over the head with?
Their political power comes first and it is clear to see how many of them caved in to the police union pressure. What else did you expect out of this "injustice system."
Tell them what you are going to donate to their campaign or how you are going to oppose them and I will tell you how they will vote. When they tell you who they are, you better believe them.
Posted by: Nora Weber at July 8, 2007 07:43 AM
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