Great blog.

Thank you for the reference to one of my blogs, Spokane Police Abuses. In addition, I have two other blogs which have some cross over with the subject matter. One is Spokane Hidden Police Cameras. The other is Spokane Racism. I encourage anyone to contact me with suggestions, ideas, corrections and criticisms.

In the meantime, if you are concerned about the use of U.S. police and military powers outside the U.S. — where the attitudes manifested by arrogant power at home manifest themselves in our names against other peoples abroad — please spend sometime over the remaining years of the Obama regime watching how he revitalizes U.S. imperialism in Latin America. We are intimately connected to the peoples of our hemisphere. Our struggles here are important to them and theirs should be important to us. I would suggest the blog UpsideDownWorld, as well as the writings of Eva Golinger about U.S. government subversion and, for Spanish-speakers, TeleSURtv.net

“The strongest bond of human sympathy outside the family relation should be one uniting working people of all nations and tongues and kindreds.” — Abraham Lincoln

http://www.inlander.com/content/newscommentary_liz_moore_leads_spokane_activism

Sounds about right. An “ombudsman” must be accountable to someone, and if he or she is a City employee, it will be to the Mayor or Council. Don’t expect those worthies to endow a subordinate of theirs with “independent” authority and tools to pursue investigations which could expose the City to liability or complicate their relationships with the police union.

The “ombudsman” solution is no improvement over in-house investigations by Internal Affairs. The City is still investigating itself. If you want investigations that have any chance of being throrough and impartial they must be conducted by someone outside the City apparatus. The Prosecutor’s office has the resources and the expertise. The City could provide a reciprocal service to the County. Then in both jurisdictions allegations of police misconduct would be investigated by agencies with the standing, resources, and independence to do a thorough job.

“A Look at the City of Spokane Police Ombudsman – FACTS and Frequently Asked Questions”

Under the structure that’s been established, the Ombudsman will have the authority to:

o Take complaints directly from citizens.
o Determine whether investigations of officers are thorough, complete, and fair, and call for additional investigation when warranted.
o Recommend mediation between police and a citizen when the ombudsman deems that is the best way to resolve a complaint.

The Ombudsman also can follow trends in policing and recommend best practices and track statistics and provide reports on Police Department performance to the City’s elected leaders. The City Council approved an ordinance last fall to create the Office of Police Ombudsman, following required negotiations between the City and Police Guild.

Does the Ombudsman have independent authority to initiate an investigation?

The Police Ombudsman has the authority to attend and observe all aspects of investigations, recommend additional investigation(s), report inadequacies of investigations, and report on and make recommendations regarding any recurring patterns of insufficient or faulty investigations.

In addition, the Ombudsman may receive complaints from any complaining party, including citizens and members of the Police Department. The Ombudsman will forward those complaints to the Police Department Internal Affairs division for processing and investigation, as appropriate. Meanwhile, the Police Department must notify the Ombudsman of all complaints received and all Internal Affairs investigations.

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From this it sounds like the Ombudsman can stand on the sidelines and do a lot of hand waving but has no ability to ensure that actions are taken in response to recommendations. In other words, the answer to the question “can the Ombudsman independently initiate investigations?” is NO.

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A clue to a better approach might lie in the present scheme for investigating police shootings — the County investigates City incidents, and the City investigates incidents outside the city. For police oversight the Prosecuting Attorney’s office would assign an ADA, on a rotating basis, to that duty. That attorney would have full power to subpoena city records and would have the resources of the Sheriff’s Department to investigate complaints. If the investigation revealed evidence of a prosecutable offense by the subject officer, he would prosecute. If it revealed only a violation of procedures or grounds for civil liability, he would forward the findings to the Mayor and Council with a recommendation for action. Ultimate responsibility thus would rest with the City’s elected officials, where it belongs. The City Attorney’s office would appoint one of its assistants to investigate complaints from outside the city, with the same powers as the Prosecuting Attorney, who would forward his findings to the County Commissioners.

It is obviously not in the City’s interest to continue to employ abusive, megalomanic, or otherwise unprofessional police officers. But it is difficult to investigate complaints impartially if sustaining a complaint might cost the City a bundle in civil judgments.

It seems so comprehensive. I like the protest checklist a lot. It’s good to hear that it seems like a well-organized and warranted event.

Thanks!