Lopez task force to urge creation of independent auditor

A panel studying law enforcement practices since Santa Rosa eighth-grader Andy Lopez was shot by a deputy sheriff unveils its recommendation Monday night that Sonoma County establish an Office of Independent Auditor, staffed by attorneys to review complaints against law enforcement.

The auditor would serve as a civilian watchdog of the Sonoma County Sheriff’s Office, the Sonoma County Jail and probation department while still offering privacy protections to law enforcement officers that are required by state law.

In order to function, the auditor program would require willing participation by the Sonoma County Sheriff, an elected office. The Sheriff would have to agree to share internal documents, such as investigations into officer-involved shootings, with auditor staff in order for the program to provide a robust mechanism for independent review of law enforcement incidents and policies.

Sheriff Steve Freitas on Friday said he would be open to the idea of some sort of independent civilian oversight program, reaffirming a willingness he’s stated over the past year to work with the Board of Supervisors and the task force to examine the issue.

Eric Koenigshofer, who chairs the panel that drafted the auditor program proposal, said they aimed to build a civilian oversight model that digs into law enforcement practices and public concerns.

“Our proposal doesn’t solve every social challenge we have,” Koenigshofer said. “But it’s a significant change that introduces important new ways to address these complicated questions.”

The auditor program is the latest recommendation to emerge from the Community and Local Law Enforcement Task Force. The Board of Supervisors established the 21-member task force in December 2013, two months after Lopez, 13, was shot while walking down Moorland Avenue in southwest Santa Rosa carrying an airsoft BB gun that the deputy told investigators he thought was a real assault rifle.

The subsequent review of the shooting followed a countywide protocol that calls for a neighboring law enforcement agency to investigate, which in the Lopez case was the Santa Rosa Police Department. The protocol then calls for a final analysis by the Sonoma County District Attorney’s Office to decide whether any crimes were committed. District Attorney Jill Ravitch found the deputy broke no criminal laws when he shot Lopez.

But outspoken critics of the way officer-involved shootings are investigated in Sonoma County said the process is inherently flawed, reviving talk of adding a layer of independent oversight by a civilian group to enhance police accountability and ensure public confidence in the process.

And when the Board of Supervisors created the task force and asked its members to develop an action plan to address community unrest following the shooting, coming up with a model for civilian review of law enforcement practices and incidents was to be the group’s most significant undertaking.

In the year since the task force began its work, activists have demanded an oversight body have the power to subpoena witnesses, conduct investigations and issue criminal indictments.

However, the nine-member task force subcommittee looking into the issue uncovered a series of legal roadblocks that make it impossible to give those specific powers to a review board without asking Sonoma County residents to vote to restructure the laws governing Sonoma County.

The Law Enforcement Accountability Subcommittee said that step would be lengthly and is not necessary to establish a vigorous format for civilian oversight.

Instead, subcommittee members recommend the county establish an auditor program modeled after San Jose’s Independent Police Auditor program established in 1996.

Staffed by lawyers, they would be able to review confidential internal documents and due to laws governing attorney-client relationship they would not be able to reveal certain personnel details.

While that feature will not satisfy activists calling for complete transparency, it would however balance the desire for outside review with California’s privacy laws protecting peace officers, Koenigshofer said. It is also an essential feature if the Sheriff’s Office is expected to participate, he said.

Freitas said in an email he wasn’t prepared to comment on the specific details of the subcommittee’s draft recommendation.

“I will participate and collaborate with the Task Force and Board of Supervisors to create an independent auditor program that works for the citizens of Sonoma County, the Board of Supervisors and the Sheriff’s Office,” Freitas said Friday. “However, I can’t comment on specific policy or operational changes until we are further along in the process and the full Task Force and Board of Supervisors also have a chance to give input.”

The auditor office would not have the authority to subpoena witnesses or issue criminal indictments, authorities not possible given that the sheriff is elected. But it would be housed separately from the Sheriff’s Office, have a separate budget and staff.

The auditor office would be in charge of brokering understanding between residents and law enforcement. That includes fostering a sense of transparency, from educating people about law enforcement practices to bringing public concerns to the Sheriff’s Office.

Most importantly, the auditor program would add a layer of oversight into complaints and officer-involved deaths.

People could file complaints with the auditor, and even receive assistance with complaint paperwork at the auditor’s office. Sheriff and probation officials would still conduct internal investigations into the matter but then auditor office staff would review their findings.

The auditor would track complaints and trends and bring annual reports on these issues to the Board of Supervisors. The office could also issue recommendations on policies and procedures.

The panel also recommends forming an auditor citizens advisory committee that will hold public meetings and help the auditor develop advice and feedback for the Sheriff’s Office.

The public gained its first glimpse into the recommended Office of an Independent Auditor last week when a draft was posted online.

Michael Rothenberg, a Guerneville resident and member of the Justice Coalition for Andy Lopez, said that he thinks the task force proposal is not bold enough. The panel included in its recommendation a path the county could pursue to give the auditor more authority, such as the power to indict, even if it might require a change of laws and other time-consuming, complex processes, he said.

“We need to make a heroic effort and not limit ourselves by what we think can happen,” Rothenberg said.

The subcommittee will present the auditor office proposal at 6 p.m. Monday before the entire task force in the Santa Rosa room of the Department of Human Services Employment and Training Division, 2227 Capricorn Way.

To view and comment on the draft recommendations online at http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force. The last day for the public to comment online is March 31.

You can reach Staff Writer Julie Johnson at 521-5220 or julie.johnson@pressdemocrat.com. On Twitter @jjpressdem.