PD Editorial: An oversight model worth considering

California’s constitution, its statutes and court rulings define the powers of sheriffs and district attorneys. As presently written, this body of law doesn’t allow county supervisors to reassign criminal investigations or usurp prosecutorial discretion.

That doesn’t mean that supervisors can’t introduce citizen oversight to law enforcement - or that law enforcement wouldn’t benefit from some external scrutiny.

Sonoma County law enforcement task force members are recommending an independent watchdog agency to review investigations of officer-involved shootings and other critical incidents, field public complaints, monitor trends and recommend new policies for the Sheriff’s Office and the Probation Department.

This won’t satisfy the most ardent critics, those who say law enforcement agencies are too cozy to investigate one another. But it would be progress toward improved relations, and it could be accomplished without amending the state constitution.

Moreover, it is a proactive approach. The watchdog agency, called the Office of Independent Auditor in draft recommendations released this week, wouldn’t step in only after an officer-involved shooting or some other fatality involving a deputy or a probation officer. By focusing on operations of the Sheriff’s Office, and scouting out best practices in other jurisdictions, it could identify trouble spots and, perhaps, help prevent a repeat of the Andy Lopez shooting.

The task force proposal is modeled on similar agencies, including one in San Jose that started in 1993.

There is, however, an important distinction. Because San Jose is a city, the police chief answers to the city manager, and the City Council has policymaking authority. A sheriff is an independently elected official and is under no legal obligation to share the reports, records and data necessary to fulfill the duties envisioned for the Office of Independent Auditor in Sonoma County.

Sheriff Steve Freitas says he hasn’t reviewed the report, but he should support it.

As sheriff, he has promoted a “customer service” philosophy of policing. He has candidly acknowledged that distrust of law enforcement permeates some neighborhoods - which, as subsequent incidents around the country have shown, isn’t unique to Sonoma County. At a meeting with Latino community leaders after the Andy Lopez shooting, he encouraged residents to work with authorities “to prevent something like this from happening again.”

A citizens advisory committee included in the draft recommendation would provide a forum for such cooperation, facilitating discourse between the community and the Sheriff’s Office and fostering greater mutual understanding.

The independent auditor’s office, staffed by lawyers expert in law enforcement and investigations, would have access to internal records to track complaints and internal investigations and to analyze data for patterns and trends that could become problems. Some communities with similar oversight systems have found that it resulted in a reduction in litigation, the task force reported.

The task force recommendations, including its previous proposals regarding community policing and community engagement, promote a better working relationship between sheriff’s deputies and the citizens they serve.

As proposed, the auditor’s office won’t take officer-involved shooting investigations out of the hands of law enforcement as some activists have demanded. It would, however, have unfettered access to investigative reports to offer an independent assessment to the public.

Those who think larger changes are needed are free to seek legislation or constitutional amendments. We have, and will continue, to urge legislators to provide greater transparency by rescinding some of the special - often excessive - privacy guarantees enshrined in state law for police officers.

The task force has done a laudable job. But its proposal doesn’t need to be the final word.

You can read the draft recommendations at http://sonomacounty.ca.gov/Community-and-Local-Law-Enforcement-Task-Force