Lopez task force unveils civilian review model

A moment of clarity for the Sonoma County group developing a model for civilian oversight of police shootings and law enforcement practices came from words plastered on a public bus.

The group had just pulled up to San Jose’s Office of the Independent Police Auditor when the bus rolled by with a huge sign that said something like: “Have an issue with law enforcement? Call us.”

“That’s what we want: Information on buses for people to see time and time and time again so they know if there is a problem, there is a place to go,” panel member Evelyn Cheatham said.

A substantial commitment to meeting with all corners of Sonoma County’s citizenry and getting feedback on law enforcement interactions are core functions an independent auditor office should have in order to delve into issues between deputies, jail staff, probation officers and the public they serve, Cheatham said.

The nine-person subcommittee of the Community and Local Law Enforcement Task Force presented their draft recommendation at Monday’s meeting at a county office in Roseland attended by at least 40 members of the public.

It was the culmination of about a year of work learning how communities in San Francisco, San Jose, Orange County, Kansas City and other municipalities and counties set up a way for citizens to review and comment on law enforcement incidents, procedures and issues. The Law Enforcement Accountability subcommittee chose a model that would be possible without going before the voters and restructuring Sonoma County law.

Auditor staff would include attorneys who would be able to review confidential personnel files related to complaints. They would work with citizens and youth advisory boards charged with holding public events and offering feedback. They would field complaints and create a pathway for mediation, when both parties agree, for low-level complaints.

The Office of the Independent Auditor would have its own budget and staff and be housed separately from the Sheriff’s Office.

“There are going to be some eyes where there haven’t been before,” subcommittee member Irene Rosario said. “Right now it’s like a fortress, nobody sees inside that house unless you work in that house.”

Monday’s was the final presentation of the draft recommendations by the 21-member task force the Board of Supervisors created two months after the Oct. 22, 2013 shooting of 13-year-old Andy Lopez by a Sonoma County sheriff’s deputy. The deputy ordered the boy to drop his weapon, which was an airsoft BB gun designed to look like an assault rifle, and told investigators he fired when Lopez instead began turning toward him.

The shooting sparked public discussions about replica firearms, police brutality and the way Sonoma County investigates officer-involved shootings.

The board charged the task force with establishing an action plan for the county to address community unrest following Lopez’ death.

On Monday, members of the public challenged the task force to add language to its recommendation about how the county might go even further than an auditor office and create an oversight body with more authority and explain what laws must be changed in Sacramento or by voters to do so.

Task Force Chairwoman Caroline Bañuelos encouraged the subcommittee to add a brief discussion of the legal obstacles that would have to be addressed to build a different program that would have more authority to investigate law enforcement.

Public speaker Chris Wroth of Forestville brought a three-page response to the auditor program to the podium that was put together by a conglomerate group of activists known as the Andy Lopez Memorial Picket Line and Justice Coalition for Andy Lopez.

One of the groups’ main criticisms is that the recommended Office of Independent Auditor suggested by the Law Enforcement Accountability subcommittee would not have the power to subpoena witnesses and records.

Subpoena power would be a key tool used to investigate law enforcement incidents, according to the group. They proposed giving that power to an oversight body by linking it with the Civil Grand Jury.

Several juror volunteers would collaborate with the oversight body and bring requests to subpoena witnesses and records to the full grand jury for a vote. If supported by a vote, the Grand Jury would issue subpoenas on behalf of the oversight body.

The group also suggested in its report that no member of the oversight body be current or past sworn law enforcement officers.

Rancor at times spilled from members of the public during the meeting in the form of interruptions, groans and personal attacks on specific task force members.

Speakers expressed inherent mistrust in the government. Susan Lamont, coordinator of the Peace and Justice Center, said that the mere fact that Sheriff Steve Freitas said he would work with the Board of Supervisors and the task force made her suspicious that the oversight body wouldn’t have enough power.

Scott Wagner of Cotati, also with the Peace and Justice Center, demanded the group boost the intensity of the language in the report to eventually go before the Board of Supervisors to reflect the public’s outrage.

“We only have informal power, it’s a strategic point of fact, and I’m asking you to help me, to be urgent for me,” Wagner said.

Over the next few months, the subcommittees will fine tune their ideas and then the full task force will vote on what to bring before the board. County staff will help develop estimated budgets for the recommended programs.

Assistant County Administrator Chris Thomas told the group that they should not try to meet any specific budget restrictions. He also said the group can include dissenting views on its recommendations by task force members when they present their ideas to the Board of Supervisors.

To view and comment on the draft recommendations online at http://sonomacounty.ca.gov/Com?munity-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.john?son@pressdemocrat.com. ?On Twitter @jjpressdem.