"The Copley Press decision essentially undid the legislatively enacted distinction between employing agencies and independent agencies, cloaking the records and findings of both in confidentiality. It held that San Diego Civil Service Commission records on administrative appeals by police officers were confidential because the Civil Service Commission performed a function similar to the police department in the disciplinary process and thereby functioned as the employing agency".
"Copley Press has effectively shut off all avenues for the public to learn about misconduct involving individual police officers, such as excessive force and dishonesty; officer involved shootings; patterns of misconduct and leniency; previous discipline for
misconduct by another agency; and even the identity of officers in misconduct cases".
- www.aclunc.org".
In the city of Berkeley, amongst other repercussions, it automatically made the boards of inquiry into allegations of misconduct against BPD officers closed sessions. The operating regulations and the hearing process had to be altered in order to comply with the court order and the Police Officer Bill of Rights.
On a recent Contra Costa Times article:
"Officer Henry Wellington, police association president, said the Berkeley Police Department does not discipline officers based on the commission's findings.
"The chief doesn't use the PRC's findings to determine if he will discipline someone," he said.
"It's inappropriate to link the two," he added, without elaborating."
BART police oversight panel: Bark, but no bite?
BART police oversight panel: Bark, but no bite?
By Roman Gokhman
Posted: 03/26/2010 04:16:41 PM PDT
Updated: 03/29/2010 07:01:25 AM PDT
Commissioner Huang expressed that "the ordinance was created in 1973, the needs of the community have changed and the court case gives us an opportunity to ascertain how current our process is as we continue to evolve as an agency".
The Regulations subcommittee has just ended an 18 month review. This is an important step as a cornerstone on the possible revision by the Ordinance Subcommittee. Among their proposed recommendations are the ability to review unredacted reports, highlighting the mediation alternative, reports back from the BPD on the use/resolution of the board findings and changes to how the hearings are structured for both the subject officer and the witness to the complaint in order to reach a more balanced and fair process.
The work of the newly created Ordinance subcommittee will focus on the changes needed in order to make the commission more effective, continue to increase its relevance in the community and to expand their role as part of the disciplinary process.
During the upcoming regular commission meeting on April 28th there will be discussion and possible approval of the changes before submitting them to the City Manager. The commission meetings are open public forums and they welcome the input from the community on this matter.
-George David Perezvelez
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