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all-elected, all-civilian,
all-elected, police control
all-civilian, police boards
control boards
with full
with authority over
full authority departments
the departments
over the
in all
in aspects, at
all aspects, levels
all levels
at all
OAKLAND/BERKELEY 1971
THE BIABK PANTHER
IN TERCOMMUNAL NEH/J“
J‘bRI-"ICE 25mm
LLia‘f'Um'W‘én'V‘u
Nor ihé ‘ END...
COMMUNITY
' CONTROL ‘1‘ :
OF . ,. b, .1
' POLICE " '
COIVWIUNITY CONTROL OF INSTITUTIONS
COMMUNITY COMMUNITY CONTROL OF POLICE
APR“, 6, I97] CHAIRMAN BOBBY SEALE
“Whatwe’re
“What talking about
we’re talking about is
is distributing
distributing thethe
wealth;what
wealth; we’re talking
what we’re talking about
aboutis is
distributing the
distributing the wealth
wealth via
via means
means of offull
full
employment, via
employment, via means
means ofof community
community
control, community
control, community control
control ofof institutions.
institutions.
And the
And the police
police department
department itself
itself is
is the
the main
main
key...”
key…”
“It’s obvious
“It’s obvious that
that the
the city
city halls…allow
halls...al|owfor
for
the...Ku Klux
the…Ku Klux Klan,
Klan, Minutemen
Minutemen philosophies
philosophies . ‘.
and ideas
and ideas to
to pervade
pervade the
the department.”
department.” tum not“ sun w; mat-ms
“And II say
“And say but,
but, the
the Black
Black Panther
Panther Party
Party and
and
the people
the people who who work
work along
along with
with the
the National
National
Committees to Combat Fascism, we are
circulating aa petition
circulating petition called
called the
the Community
Community
Control of
Control ofthe Police... after
the Police… after getting
qettinq so
so many
many
siqnatures, we
signatures, we can
can place
place itit on
on the
the ballot.
ballot. And
And
we want
we want allall the people to
the people understand what
to understand what
community control
community control ofof police
police isis basically,
basically, so
so
we can
we can literally
literally vote
vote out
out the
the existing
existing police
police
departments. And
departments. And atat the
the same
same time,
time, they’ll
they’ll
be voting
be voting in in aa new
new police
police department.”
department.”
7 l-IE ms INE Vi
GET THE POWER IN THE
CONTROL OF THE PEOPLE BEGINNING
“This is
is what
what I’m
I’m saying,
saying, say
say we
we vote
vote
APRIL 6,1971
“This BERKELEY,
out aa police
out police department…and
department...and say say the
the CALIF. _ , VOTE ron
avaricious demagogues
avaricious demagogues who who control
control the
the police
police ~ . COMMUNITY
department...say ‘we
department…say ‘we refuse
refuse to
to move
move CONTROL or
regardless of
regardless ofthe vote.’
the vote.’ POLICE
“I say
“I say then
then whowho is
is legitimate,
legitimate, and
and
who is
who is illegitimate,
illegitimate, isis the
the point
point here.
here. Because
Because
the masses
the masses of ofthe people will
the people will outnumber
outnumberthem;
them;
the masses of ofthe eople
the people will see that the (the
they
masses)are
masses) legal, byyttheir
are legal, eirveryexerciseo
very exercise of their
their
constitutional rights.”
constitutional rights.”
“Community Control
“Community Control of
of Police
Police does
does
not take
not take aa police
police department
department awayaway from,
from, or
or
stop people
stop people from
from having
having policemen
policemen inin the
the
community. But
community. But the
the main
main thing
thing to do now
to do now is
is
get the
get the power
power in in the
the control
control of
ofthe people, and
the people, and
this would
this would be
be the
the first
first step
step in
in combating
combating
fascism.”
fascism.”
(Bobby Seale,
(Bobby Seale, February
February 1970)
1970)
April 3,
April 3, 1971
1971
“In August
“In August of of 1969,
1969, when
when
CommunityControl
Community Control of of Police
Police was
wasjustjust
be inning to
beginning to move,
move, the Chairman was
the Chairman was
ki napped off
kidnapped offthe streets of
the streets of Berkeley
Berkeley by by THE BLlCK PANTHER, SATURDAY. APRIL 3, I97I PAGE E
the FBI.”
CHAIRMAN BOBBY AND
people’s
“But they
“But they cancan never
never destroy
real people’s movement, for Community
real movement, for
destroy aa
Community COMMUNITY CONTROI OF POLICE
Control of
Control of police
police has has already
already won.
won. The The Ch airman Bobby Scale is the primary
reason for Berkeley's present place in
people and their enemies, particularly
in Berkeley. Every politician and public
a greater impact on Berkeley than any
)ther issue in the city's history. The
tremendous educational
tremendous educational effecteffect and
and thethe the spotlight of the Empire with Com-
munity Control of Police. Bobby was
figure in the city has been forcedtotake
a stand either for or against theissue-
Pig Power Structure has had to defend
itself as never before in the face of the
political consciousness
political consciousness that that has
has been
been the dynamo, the guiding force behind
the drafting of the amendment; and it
to side with or against the people.
Opponents to the issue, consisting
thousands of people throughout Berke-
ley's communities who have handed to-
raised in
raised in the
the last
last year
year andand aa half
half was he who conceived the proposal's
decentralized structure. in August
largely of thepoliticalhierarchy which
runs the city and the wealthy business
gether around this issue. Community
Control has been an impetus, under the
throughoutthe city, due to the
throughout the city, due to the of 1969, when Community Control of
Police was just beginning to move, the
interests, which runs the political
hierarchy, have unleashed an extra-
organizational giudance of the National
Committees to Combat Fascism, for
organizing that
organizing that hashas gone
gone on on around
around this this Chairman was kidnapped off the streets
of Berkeley by the FBI, working in
ordinarily expensive campaign of lies,
distortions and slander. Thisdemagogy
the creation of grassroots block
organizations throughout theci'y which
issue, is
issue, is testimony
testimony to to this
this fact.
fact. collusion with the Berkeley Pig De-
partment. Perhaps thepigs thought they
has been wary useful in exposing the
pigs to the people. Community Control
are working to serve and .lcfeud their
various communities. All of us in
Community Control
Community Control of of Police
Police has
has very
very could destroy the community control
campaign then, although it is quiteclear
has proven an invaluable tool in re-
vealing the fascist structure of the
Berkeley who have learned and
clearly drawn
drawn thethe lines
lines between
between the
have been able to build from this issue
clearly the that the reason for this brutal
kidnapping was to take Bobby away from
Berkeley city government. Thousands
of people are now aware of the highly
must be thankful to Bobby. FDI‘ without
people and
and their
their enemies.
enemies. Every…public
Every...pub|ic
him, there would not have been any
people the people. But they can never destroy centralized city managerial system, COMMUNITY CONTROL OF POLICE.
figure has
has been
been forced
forced to to take
take aa stand
stand
a real people’s movement, for Com- which is, in reality, a municipal The Chairman is now on trial for his
figure munity Control of Police has already totalitarianism, and until now, has been life in New Haven, Connecticut. We may
eitherfor or against
against the
won. The tremendous educational ef- clouded behind the existence of a win or lose the actual election on April
either for or the fect and the political consciousness powerless city council. The police de- 6th. Either way, Bobby stands to lose
government...The police
government…The police department
department can can
no longer
no longer hide
hide its
its true
true position
position as as
bodyguard to
bodyguard to the corporate business
the corporate business
interests of
interests ofthe state, because
the state, because these
these are are
the groups that
the groups have allied
that have allied to its
to its
defense.”
defense.”
PEOPLES ’ DEMOCRACY VS.
PEOPLES’ VS. IMPERIALISM
9
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BERKELEY
PETITION FOR COMMUNITY CONTROL OF POLICE
SLIIVIMARY OF BERKELEY POLICE CONTROL :‘\. MENDMENT
'l‘hzs Amumimum In the Cuy Clmrter \Vnulrl gnw‘ Lnnlrul 02' the
pollfc lo mnumw t’IzM'lrLI nclghburlxuod ununulé tin Hwy. [hosu whom the
puIlCC should scrur Will In: Able to tact puInit': polk‘y and stundnx‘ds of
conducl.
' .n’r“ (IIIHL‘III prm'xdes fur t'unamunlly L‘unlrul ml the police by
usmblzalung SEPJI' IIf‘ pui'u c Lluparlmcnls [Ur 1hr Ihrm; r1..:jur L'Qmmunlties
in Berkeley: 111-: Blank Lulnmuulty. [he L‘mnpu: commumty and [he pre-
dummzlmly wl‘mu arch. The dep. ‘tmcnts would br separutu and autonomous.
They run by mutul.xg1‘eemz:nl u ; [ommon fumiities, Each department
will be udrninismrcd by a fullJime police cummisamneMSL The commis—
5iunur's are saladed by a l‘mghborhood PUIIL‘I: Control Cuunnl (.7!~ fifteen
members from Hut. Commumty elected by those who live (here.
The Counmls Shall have the power lo dxsmplme officers for
breaches of Department pullcy or vmlations of law. They may direct
their puller: Connnmaimmr to make changes in DEPAI'LFHEHIJIVidQ policy.
The Counml can L-c-mll the Cummissioner appointed by I! at any time it
finds that he is no longer responsive to the community. The community
can recall the Council members when they .zre not responswe to it.
All police officers must live in the Department. they work in.
m _ ,
MAP OF PROPOSED BERKELEY POLICE DEPARTLLENTS
/ --‘. ,.
fofice/ @fifl ;po[fc/e (iglfijf,
5m PHEL]
COMMUNITY CONTROL OVER POLICE PETITION
CAUTION! DO N01 CHLL ULA'l E 'l’ElLS PETITION UNTIL YOU HAVE. READ CAREFULLY
l. Du not Ce'J;jte this Petition UNLESS YOU ARE A REGISTERED VOTER IN THE CITY OF
BERK LEY.
’ Do not allow A person unknown In you to Sign until such perfiun has first answered YES to
the question; "Are you a registered voter in Berkeley 7"
7;. Du not permit any person Lu Circulaie this Petition for you. Exir'n Eignature must be se—
cured by the person making affidavu on the last signalurv page that d“ signatures were obtained
in his ur her presence, After ynu start Lu Lirculaie this Petition no one else may take over zaur
jvb.
4. Di. nut loin-u: lhla Putiliun in .in films. plant or hum: tn be signed in your absence. All
signatures must be nude in your presence.
5. Circulatiirs must not write anything in any Column on the signature pa gi'5. except that
circulalnr may sign his Ur her name once in Ihp regular manner iii .1 SiLtflL‘l' of the Petition.
b, When sulicuing Signatures hiwu .2 fountam pen u)’ indelible pencil along for convenience
oi Signers.
n. This Petition and all its Sections (any printed form identical with what you are now
reading LE legally termed a "5ei:tion") in its entirety of pages and all of them are to be
returned to the sponsor (name and address below] so thifl furthepprgyifiions cf the! law
.zgirllx'ini‘ ii- Tniri'itivn but??? vv‘? mi}- in" \‘rr-VW "
‘2‘. [T [3"- 5. F11] LON? FOR ANY PERSON TO WRITE ANY NAME IN THIS PE'I'KTION OTHER
TEE. i' rl OR HER 09:31. A husband may nol sign far has ml? - - nor a 'WlIL‘ for a husband -»
nor for any other member of ihe {:arniiy .. nor for any other person.
[0. When yuu have secured all yuur signatures, take this Petition lo any Notary Public, er [0
.iny officer .iuihorized 10 administer maths. and execute the Circulator's Affidavit. Under
Article l‘l. Set-lion l, of the California Constitution, 1111: :ii'finit of any person soliciting
signatures hereunder shall bl: verified free uf charge by any officer authorized to administer
oaths. A Notary Public cam usual 3; 5e louna conveniently lucated in ynur neighborhood in most
real estate nr lawyersl offices, or at banks.
fir‘HiS'I' IN A SERIES
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CONTROL OVER THE POLICE
BLACK PANTHER PARTY CAMPAIGN FOR COMMUNITY CONTROL
§ NewYork
New City- http://archive.lib.msu.edu/DMC/AmRad/thesecatsred.pdf
York City- http://archive.lib.msu.edu/DMC/AmRad/thesecatsred.pdf
§ 9/11/1968 NYC Black Panther Party sued Police Commissioner Howard Leary in Federal Court to
hand over
hand over control
control of
of local
local police
police to
to community
community groups
groups
-------------
§ Chicago- http://www.spartacus.schoolnet.co.uk/USApantherB.htm
Chicago- http://www.spartacus.schoolnet.co.uk/USApantherB.htm
§ In November
In November 1968 1968 Fred
Fred Hampton
Hampton founded
founded the Chicago chapter
the Chicago chapter ofof the
the Black
Black Panther
Panther Party.
Party. HeHe
immediately established
immediately established aa community
community service
service program.
program. This
This included
included the provision of
the provision of free
free
breakfasts for
breakfasts for schoolchildren
schoolchildren and
and aa medical
medical clinic
clinic that did not
that did not charge
charge patients
patients for
for treatment.
treatment.
Hampton also
Hampton also taught political education
taught political education classes
classes and
and instigated
instigated aa community
community control
control of
of police
police
project.
---------------
§ July 18,
July 18, 1969
1969 --
-- In
|n Oakland,
Oakland, the United Front
the United Front Against
Against Fascism
Fascism conference
conference runs
runs 33 days.
days.
The goal
The goal is
is to
to plan
plan and
and discuss
discuss community
community control
control of
of police.
police.
§ ---------------
§ Philly-http://www.itsabouttimebpp.com/Chapter
Philly- History/BPP Pieces of History....
http://www.itsabouttimebpp.com/Chapter_History/BPP_Pieces_of_History....
§ September 24,
September 24, 1969
1969
In Philadelphia,
In Philadelphia, the BPP office
the BPP office is
is raided.
raided. The
The FBI
FBI takes
takes file records and
file records and petitions
petitions for
for community
community
control of
control ofthe police.
the police.
§ --------------
§ http://www.itsabouttimebpp.com/Chapter History/Milwaukee Chapterhtml
Milwaukee- http://www.itsabouttimebpp.com/Chapter_History/Milwaukee_Chapter.html
§ in October
In October of
of 1969,
1969, the
the Black
Black Panther
Panther Party
Party of
of Milwaukee
Milwaukee began
began their
their push
push for
for the
the
decentralization of
decentralization ofthe Milwaukee Police
the Milwaukee Police Department
Department with
with the
the ultimate
ultimate aim
aim of
of greater
greater community
community
control. The
control. The Party
Party and
and many
many Milwaukee
Milwaukee citizens
citizens believed
believed that
that police
police "king"
"king" Breier
Breier exercised
exercised too
too
much power
much power and
and this power needed
this power needed to
to be
be given
given back
back to
to the
the people.
people.
LAPD's Discipline
LAPD's Discipline System
System
Does the
Does system need
the system need to change?
to change?
We've begun
We've begun to hear renewed
to hear renewed complaints
complaints about
about the LAPD's Discipline
the LAPD's Discipline System,
System, especially
especially in
in the wake of
the wake of recent
recent decisions
decisions
by a
by a police
police review
review board
board overturning
overturning the opinions expressed
the opinions expressed previously
previously by
by the Board of
the Board of Police
Police Commissioners,
Commissioners, the
the
civilian group
civilian group mandated
mandated with
with oversight
oversight of
ofthe Department.
the Department.
The principle
The principle case
case in
in question
question is
is that ofan
that of officer who
an officer who fatally shot aa homeless
fatally shot homeless woman,
woman, Margaret
Margaret Mitchell,
Mitchell, in
in 1999.
1999.The
The
Police Commission
Police Commission hadhad decided
decided that
that the action was
the action was "out
"out of
of policy"
policy" and
and said
said that
that the officer should
the officer should be
be punished.
punished.
The case
The case has
has always
always been
been controversial,
controversial, since
since Mitchell
Mitchell was
was aa spry
spry homeless
homeless woman
woman who who stood
stoodjust over 55 feet
just over feet tall and
tall and
weighed barely
weighed barely 100
100 pounds.
pounds. She
She was
was stopped
stopped by by aa pair
pair of
of bike
bike officers
officers who
who explained
explained later
later that
that they'd wanted to
they'd wanted to find out if
find out if
the shopping cart
the shopping cart in
in her
her possession
possession had
had been
been stolen.
stolen. She
She was
was killed
killed after
after retrieving
retrieving aa screw
screw driver
driverfrom her belongings
from her belongings
inside the
inside cart.
the cart.
The Police
The Police Commission,
Commission, which
which is is charged
charged by
by City
City Charter
Charter with making the
with making the final policy decision,
final policy decision, but
but lacks
lacks the
the
authority to
authority to discipline
discipline officers
officers itself,
itself, had
had considerable
considerable closed
closed session
session debates
debates about
about the
the incident.
incident. In
In the
the end
end it
it
decided 33 to
decided to 2
2 that
that the
the officer
officer had
had violated
violated policy.
policy.
But now,
But now, four
four years later, a
years later, a Board
Board of
of Rights,
Rights, made
made up
up of
of two LAPD commanding
two LAPD commanding officers
officers and
and one
one civilian,
civilian, has
has re-
re-
reviewed the
reviewed case and
the case and decided
decidedjust
just the opposite --
the opposite -- that
that the officer should
the officer should not
not be
be punished.
punished. In
In fact, he's still
fact, he's still on
on thejob
the job
and has
and has been
been all
all along.
along.
Any officer
Any officer has
has the opportunity to
the opportunity have aa Board
to have Board of
of Rights
Rights review
review only
only after
after the Police Commission's
the Police Commission's made
made its
its policy
policy
decision, and
decision, and it's
it's the
the first
first time
time an
an officer
officer and
and his
his attorney
attorney can
can mount
mount aa defense.
defense.
These boards
These boards can
can reverse
reverse aa Commission
Commission decision,
decision, but
but the Chief may
the Chief may not
not impose
impose aa punishment
punishment harsher
harsher than
than that ofaa
that of
Board of
Board of Rights.
Rights.
Police Commission
Police Commission President
President Rick
Rick Caruso
Caruso was quoted as
was quoted as saying,
saying, "The
"The system
system makes
makes no
no sense
sense ... II think it should
think it should be
be
disbanded and
disbanded and a
a new
new one
one put
put in
in place.“
place.“
“require a
“require a rewrite
rewrite of
of the
the board
board of
of rights
rights system
system
and a
and a citywide
citywide vote
vote to
to change
change the
the charter.”
charter. ”
§ Chief of
Chief of Police
Police William
William Bratton
Bratton agrees,
agrees, and
and expressed
expressed his
his frustration
frustration in
in aa Letter
Letter to
to the
the Editor
Editor which appeared in
which appeared in the
the LA
LA Times:
Times:
Power to
Power to Discipline
Discipline LAPD
LAPD Officers
Officers Is
Is Out
Out of
of the Chief's Hands
the Chief's Hands
Bratton says
Bratton says he
he needs
needs more
more authority,
authority, for sake of
for sake ofthe city and
the city and the department.
the department.
by William
by William J.
J. Bratton,
Bratton, William
William]. Bratton is
J. Bratton is chief
chief of
of the
the Los
LosAngeles Police Department.
Angeles Police Department.
July 1,
July 1, 2003
2003
The controversial
The controversial decision
decision exonerating
exonerating Los
Los Angeles
Angeles Police
Police Department
Department Officer
Officer Edward
Edward Larrigan
Larrigan of
of misconduct
misconduct in
in the fatal
the fatal
shooting of
shooting of Margaret
Margaret Mitchell
Mitchell was
was greeted
greeted with
with loud
loud cries
cries of
ofoutrage and aa demand
outrage and demand forfor accountability.
accountability. My
My department
department
and II were
and were taken
taken to
to task
task for
for the
the decision
decision of
ofthe three-member board
the three-member board of
of rights
rights panel,
panel, which
which decided
decided that
that Larrigan
Larrigan had
had not
not
violated departmental
violated departmental policy
policy when
when he
he shot
shot the woman, who
the woman, who was
was mentally
mentally illill and
and brandishing
brandishing aa screwdriver.
screwdriver.The Los
The Los
AngelesTimes,
Angeles among others,
Times, among others, attacked
attacked the decision and
the decision and opined
opined that
that II ought
ought to "send the
to "send the right
right message
message to [my] officers."
to [my] officers."
But it's
But it's important
important to remember one
to remember one thing:
thing: The chief of
The chief of the Los Angeles
the Los Police Department
Angeles Police Department does
does not
not control
control discipline
discipline
in the
in the LAPD.
LAPD.
Let's be
Let's be very
very clear:
clear: If
|f|I want
want toto terminate
terminate or or severely
severely discipline
discipline an
an employee
employee today,
today, the most influence
the most influence II can
can have
have isis to
to
direct that
direct that employee
employee to to aa board
board of
of rights
rights hearing.
hearing.This rotating board
This rotating board -- made
made upup of
oftwo command officers
two command officers and
and a
a civilian
civilian -- is
is
chaired by
chaired by people
people II do
do not
not select,
select, hears
hears testimony
testimony and
and renders
renders aa finding
finding of
ofguilty or not
guilty or not guilty.
guilty. If
If aa finding
finding of
of guilty
guilty results,
results,
the board imposes
the board imposes aa penalty.
penalty.The members do
The members do not
not consult
consult with
with me,
me, nor
nor am
am II allowed
allowed to advise them
to advise them of of my
my desires.
desires. II can
can
only accept
only accept the
the penalty
penalty or or reduce
reduce it.
it.
There are
There are clear
clear problems
problems with
with the system. But
the system. But until
until the City Charter
the City Charter isis changed,
changed, it
it is
is the law of
the law of the city of
the city of Los
Los Angeles
Angeles
and the
and the method
method II must
must follow.
follow. True
True reform
reform of
of the
the disciplinary
disciplinary process
process would
would require
require a a rewrite
rewrite of
of the
the board
board of
of rights
rights
system and
system and aa citywide
citywide vote
vote to
to change
change the
the charter.
charter. That
That isis aa debate
debate II would
would be
be pleased
pleased toto be
be part
part of
of in
in my
my shared
shared mission
mission
with the
with Police Commission
the Police Commission to make the
to make LAPD the
the LAPD the finest and most
finest and most responsive
responsive police
police department
department in in the nation.
the nation.
The cold,
The cold, hard
hard reality
reality of
of Los
Los Angeles
Angeles is
is that as chief
that as chief of
of police,
police, II lack
lack the necessary ability
the necessary ability to control and
to control and impose
impose discipline
discipline
on my
on my staff…
staff...
Devin Brown
Shooting Ruled
Shooting Ruled
“Out of
“Out of Policy”
Policy” :1;A L
by Gene
by Gene C.
C. Johnson,
Johnson, Jr.
Jr.
Special to
Special to the
the NNPA
NNPA from the WAVE
from the WAVE Newspapers
Newspapers
LOS ANGELES
LOS ANGELES (NNPA)
(NNPA) — Going against
— Going against the police chief
the police chief for
for the
the first time in
first time in recent
recent
memory, the
memory, the Police
Police Commission
Commission recently
recently voted
voted by
by 4-1
4-1 that
that last
last year’s shooting death
year’s shooting death
of 13-year-old
of 13-year-old boy
boy by
by a
a police
police officer
officer was
was “out
“out of
of policy.”
policy."
The commission’s
The commission’s decision
decision overruled
overruled the recommendation by
the recommendation by Police
Police Chief
ChiefWiIIiam J.
William J.
Bratton that
Bratton that Officer
Officer Steve
Steve Garcia
Garcia complied
complied with
with department
department rules
rules during
during last
last year’s Feb.
year’s Feb.
66 shooting
shooting death
death of
of teenager
teenager Devin
Devin Brown.
Brown.
A department
A department investigation
investigation backed
backed Garcia’s
Garcia’s account
account and
and the district attorney’s
the district attorney’s office
office in
in
December decided
December decided not
not to file charges
to file charges against
against him.
him.
The matter
The matter will
will now
now go
go before
before anan LAPD
LAPD Board
Board ofof Rights,
Rights, which
which will
will decide
decide on
on
discipline for
discipline for the officer, said
the officer, said Mayor
Mayor Antonio
Antonio Villaraigosa
Villaraigosa during
during aa late
late Tuesday
Tuesday
afternoon news
afternoon news conference
conference inin front
front of
ofthe Getty House.
the Getty House.
The Board
The Board ofof Rights,
Rights, said
said Los
LosAngeles Police Commission
Angeles Police Commission spokeswoman Tami Catania,
spokeswoman Tami Catania,
consists of
consists of two
two Los
LosAngeles Police Department
Angeles Police Department commanding
commanding officers
officers and
and a
a civilian.
civilian.
LAPD’s secret
LAPD’s secret “Board
“Board of
of'Rights”
Rights”
overturns Police
overturns PoLice Commission
cammission ruling
ruLing
§ http://articles.latimes.com/2007/jan/12/opinion/oe-chem12
§ A bad LAPD
A bad LAPD decision,
decision, squared
squared
§ January 12,
January 12, 2007|
2002| ERWIN
ERWIN CHEMERINSKY,
CHEMERINSKY, aa professor
professor of
of law
law and
and political
political science
science at
at Duke
Duke University,
University, was
was
the author of
the author of aa report
report on
on reforming
reforming the LAPD after
the LAPD after the Rampart case,
the Rampart case, prepared
prepared at
at the request of
the request ofthe Los
the Los
Angeles Police
Angeles Police Protective
Protective League.
League.
§ On Monday,
On Monday, aa Los
Los Angeles
Anqeles Police
Police Department
Department board
board of
of rights,
riqhts, after
after a
a secret
secret hearing
hearinq and
and without
without
public explanation,
public explanation, determined
determined that
that Officer
Officer Steven
Steven Garcia
Garcia wasjustified in shooting
was justified in shooting and
and killing
killing 13-
13-
year-old Devin
year-old Devin Brown
Brown in
in 2005
2005 as
as Brown
Brown slowly
slowly backed
backed aa car
car toward Garcia.
toward Garcia.
§ The board's
The board's decision
decision is
is particularly
particularly disturbing
disturbinq because
because the
the Police
Police Commission,
Commission, after
after a
a careful
careful review,
review,
found that the
found that the shooting
shootinq was
was not
not within
within LAPD
LAPD policy.
policy. In
In fact,
fact, the
the city
city last
last year
year came
came to
to the
the same
same
conclusion and
conclusion and paid
paid $1.5
$1.5 million
million to
to settle
settle aa civil
civil suit
suit brought
brought by
by the
the boy's
boy's family.
family.
§ It seems
It seems inexplicable
inexplicable that
that the board of
the board of rights,
riqhts, composed
composed ofof two
two high-level
hiqh-level police
police officers
officers and
and one
one
civilian, found
civilian, found that
that the
the fatal
fatal shooting
shooting ofof aa teenage
teenage boy
boy under
under these
these circumstances
circumstances was
was justified. After aa
justified. After
short chase,
short chase, Garcia
Garcia fired
fired 10
10 shots
shots at
at Brown,
Brown, seven
seven of
of which
which hit
hit him.
him. The
The Police
Police Commission
Commission found that
found that
Brown was
Brown was going
going only
only about
about 22 mph,
mph, and
and thus Garcia was
thus Garcia was able
able to step out
to step out of
ofthe way, was
the way, was not
not inin danger
danger
and not
and notjustified in using
justified in using deadly
deadly force.
force.
§ Perhaps there
Perhaps there isis aa legitimate
legitimate basis
basis for
for the
the board's
board's conclusion
conclusion that
that Garcia
Garcia did
did nothing
nothing wrong,
wrong, but
but the
the
public will
public will never
never know.
know. The
The Police
Police Commission
Commission recently
recently reversed
reversed aa long-standing
long-standing policy
policy of
of openness
openness
and ordered
and ordered thethe closure
closure of
of police
police disciplinary
disciplinary hearings.
hearings. Representatives
Representatives ofof the Los Angeles
the Los Angeles Times
Times
who
who tried
tried to attend the
to attend the board
board ofof rights
rights proceeding
proceeding were
were turned away.
turned away.
The Board
The Board sets
sets overall
overall policy
policy
§- The Function and Role of
ofthe
the Board of Police Commissioners
§- Under
Under the City Charter,
the City Charter, the Board of
the Board of Police
Police Commissioners
Commissioners
is the
is head of
the head ofthe Police Department.
the Police Department. TheThe Board
Board sets
sets
overall policy
overall policy while
while the Chief of
the Chief of Police
Police manages
manages the daily
the daily
operations of
operations ofthe Department and
the Department and implements
implements the
the
Board’s policies
Board’s policies or
or policy
policy direction
direction and
and goals.
goals.
§- The
The Board
Board of
of Police
Police Commissioners,
Commissioners, are
are appointed
appointed by
by the
the
Mayor and
Mayor and confirmed
confirmed byby the City Council.
the City Council.
COMMUNITY CONTROL OF POLICE
L.A. CITY CHARTER:
HOW TO CHANGE THE L.A. CHARTER:
§ lll. CHARTER
III. CHARTERAMENDMENTINITIATIVE
AMENDMENT INITIATIVE PETITION PROCESS
§ The City
The City of
of Los
Los Angeles,
Angeles, as
as aa Charter
Charter City,
City, generally
generally has
has its
its election
election and
and petition
petition processes
processes detailed
detailed
§ in its
in its Charter
Charter and
and EC.
EC. However,
However, procedures
procedures to amend the
to amend City's Charter
the City's Charter by
by initiative
initiative are
are specified
specified
§ by State
by State law.
law. Proponents
Proponents should
should research
research the CEC and
the CEC and other
other applicable
applicable State
State laws
laws for
for further
further
§ details. [See
details. [See CEC
CEC §§
§§ 9255-9269;
9255-9269; California
California Government
Government Code
Code §§
§§ 34450-34462].
34450-34462].
§
§ B. Petition
B. Petition Circulation/Signature
Circulation/Signature Gathering
Gathering
§ The number
The number of
of signatures
siqnatures required
required for charter amendment
for charter amendment petitions
petitions is
is 15%
15% of
of the reqistered voters
the registered of
voters of
§ the City of
the City of Los
Los Angeles
Angeles according
according to
to the County Clerk/Registrar-Recorder’s
the County Clerk/Registrar-Recorder’s last
last official
official report
report of
of
§ registration to
registration to the
the Secretary
Secretary of
of State.
State. [CEC
[CEC §§ 9255(a)(3),
9255(a)(3), (c)].
(c)]. Proponents
Proponents may
may begin
begin circulating
circulating
§ petitions after
petitions after publication
publication of
ofthe Notice of
the Notice of Intent
Intent to Circulate Petition
to Circulate Petition and
and Official
Official Ballot
Ballot Title and
Title and
§ Summary. All
Summary. All signatures
signatures must
must be
be gathered
gathered within the 180
within the 180 days
days from
from the
the date
date of
of receipt
receipt of
of the
the
§ Official Ballot
Official Ballot Title
Title and
and Summary
Summary (or
(or resolution
resolution of
of any
any legal
legal action
action regarding
regarding that
that title
title and
and
§ summary. [CEC
summary). [CEC §§
§§ 9207,
9207, 9265].
9265].
§
§ F. City
F. City Council
Council Action
Action if
if Charter
Charter Amendment
Amendment Initiative
Initiative Petition
Petition is
is Certified
Certified “Sufficient”
“Sufficient”
§ An amendment or repeal of a city charter proposed by a successful petition signed by 15% 1';% of the
§ city. shall be submitted of the
registered voters of the city, the voters at either a special election called for for
that purpose. at any established municipal election date, or
that purpose, or at
at any
any established
established election
election date
date pursuant
pursuant to
to
§ CEC 1000,
CEC 1000, provided
provided that
that there
there are
are at
at least
least 88
88 days
days before
before the
the election.
election. [CEC
[CEC §§ 9255(a)].
9255(a)].
CITY’ S GONNA CHANGE HANDS!
THE CITY’S HANDS!
2/16/11 City
3/16/11 of Los
City of Angeles:
Los Angeles:
1,642,251 registered voters
1,642, 251 registered voters
15% == 246,337
15% 246.337
(valid signatures)
petition signatures)
(valid petition
Council 9:
District 9:
Council District
74,111 voters
registered voters
74,111 registered
MMAARR CH 2009
3, 2009
CH 3,
MUNICIPAL RESULTS:
ELECTION RESULTS:
MUNICIPAL ELECTION
Council District
Council 9: JAN
District 9: PERRY-
JAN PERRY-
UNOPPOSED- 7,158
UNOPPOSED- 7,158
NEXT ELECTION-
NEXT ELECTION-
MARCH, 2013
MARCH, 2013
Resolution:
Proposed Resolution:
8:00am, Wednesday,
§- 8:00am, June 1,
Wednesday, June Protest Killer
1, Protest C0p
Killer Cop
Mehserle’s final hearing
Mehserle’s final at L.A.
hearing at Court
Criminal Court
LA. Criminal
Bldg, 210 w.
Bldg, 210 Temple.
w. Temple.
June- Protest
§- June- Mehserle’s release
Protest Mehserle’s by Judge
release by Perry
Judge Perry
(who whitewashed the Rampart Scandal).