1991-11-08 Special CC Minutes347
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 8, 1991
The meeting was convened at 5:35 p.m., with President Withrow
presiding.
ROLL CALL - Present: Councilmembers Arnerich, Lucas, Roth and
President Withrow - 4.
Absent: Councilmember Camicia - 1.
91-785 Request for Special Investigation of Police Department's
handling of the recent racial slurs incident.
Mayor Withrow announced he called the special meeting on an
emergency basis because he believes the City needs to have
assurances from an outside respected element on the status of the
police force; he is confident Alameda hats a very professional
Police Department ; the City has four police officers who were not
performing to that standard of professionalism; he does not believe
the problem in the department is extensive but the City deserves a
good benchmark to determine the status of the Department, and his
recommendation is to have the City Manager hire, immediately, a
respected special investigator with Police Department administrative
background, with legal background, who can go into the Department
and within a limited time, assess the status, identify problems, and
determine the degree to which problems exist that are outside the
scope normally associated with an urban police department in this
year.
Reverend Wilfred Hodgkin, Alameda, stated he would like a citizens'
committee formed to look at racial tension in our community, and we
can deal with the problem and can help all to understand we are
created equal and can live together in peace and harmony.
James Lester, Alameda, stated an investigation is needed; and there
needs to be more diversity, e.g., Filipino/Black/women police
officers, who are sensitive to people's needs.
Mike Farley, Alameda, encouraged an investigation, stated the four
officers have a mindset that has no place riding in a police car
charged with a responsibility of law enforcement.
Richard Sherratt, Alameda, state no one condones the ethnic slurs;
is concerned entire Police Department is being held responsible;
urged Council provide leadership to find out important facts, and
retrieve the stability of the Department.
Maxine Jackson, NAACP, stated she favors an outside investigation
providing it is someone from the State Department or the Federal
Bureau of Investigation (FBI) and would like report given to the
citizens.
Catherine Wright, Alameda, stated she would be glad to have someone
November 3, 1991
come in to investigate; one of the four officers had been in her
home and she had thought they were good officers; she has children
and grandchildren; and she would like racism addressed.
David McIntyre, Alameda, congratulated Council for attitude to
address the problem; stated problem must be looked at from 1990's
viewpoint; suggested Council start an effective Police Review
Commission and special investigation, and open up situation.
Julie Houk, Alameda, Attorney for National Association of
Advancement of Colored People [NAACP], Alameda Branch, stated an
outside impartial investigation of entire incident should be done,
and made public; no restraint must be placed on anyone that comes
forward with information about discrimination; agrees with idea of
Police Review Commission; entire transcript of the slurs should be
made public; persons referred to in slur should be made aware of
being focus of slur.
The City Manager commented that persons in the Police Department
that were referred to in the slurs have been notified by the City
Attorney, and they have asked that their names be withheld.
John Carmody, Alameda, stated some fine police officers are on the
force; however, he is ashamed to be an Alamedan because of the
actions of four officers, and two years ago there were allegations
of sexual harassment; he favors a Police Review Commission.
Helen Dodt, Alameda, stated she was born in Alameda; lived here 76
years, is ashamed of what has taken place, cannot live with this
kind of attitude and talk, and believes Council is on the right
track [by considering an] investigation.
Nicole Sproles, Alameda, stated prejudice has been here many years;
an investigation should have been done a long time ago, and should
be done on a regular basis.
Jeanette David, Alameda, stated she is strongly in favor of an
investigation of Department provided the investigator is brought in
who does not have allegiance to Alameda, and wants to know why
officers felt free to comment as they did.
President Withrow stated he would like the answer to that question
also.
Roy Mita, Alameda, stated he is not anti-police; he does favor the
investigation, favors the [Mayor's] Committee, and he calls for a
Human Rights Commission; other City departments should also be
investigated, and he would like to see the community involved in the
investigation.
Jim Chanin, Civil Rights Attorney, Berkeley, stated he does not know
whether he wants investigation or not because it may be an effort to
punt the ball to someone else; he does not believe Council has the
will to do something about the Police Department; the investigation
is designed to let the wind blow over until the next disaster,
embarrassment and he challenges Council to prove him wrong.
November 9, 1991
Juan Saavedra, Alameda, urged Council move in direction of Police
Review Commission; sensitivity training basically tells people that
they will be studied and hopefully someone might be sensitive to
their needs; that "we" might be known and work together is not a
possibility and he is tired of being studied; he wants respect and
dignity, wants equal protection and equal treatment consistently.
Councilmember Lucas inquired if Mr. Saavedra would be willing to
work on the Commission; and Mr. Saavedra stated he would.
Lorrain Taylor, Alameda, stated, she is relieved corrective actions
regarding the officers are being taken; wants to know who will be
hired to investigate; suggests free investigation by Department of
Justice or Attorney General's Office; and would like to believe the
Chief of Police, Mayor and Council would agree to hire an outside
investigator.
Greg Taylor, Alameda, stated the Police are supposed to be the good
guys; a Police force that people can call on for equal justice is
needed.
Sue Seavers, Alameda, stated she is a former police officer; before
suing Police Department, she attempted to bring problems of Chief to
Personnel and for various reasons the problems were not corrected;
she finds the [current] incident appalling; and the Mayor and City
Manager should do something about the Chief.
Councilmember Roth questioned how the investigator will operate.
President Withrow stated an independent investigation is needed; he
has no problem with having someone from the District Attorney's
Office or Department of Justice, but that person must understand he
or she is totally independent, would pursue answering questions and
validating issues in the manner special prosecutors/investigators do
throughout the country, must be above reproach from the standpoint
of credibility.
Councilmember Roth stated he would like the investigator to speak to
each Police Department employee, who should be able to reply without
fear of reprimand or fear of persons knowing who made which remarks.
President Withrow stated there is no question there should be
confidentiality of sources.
Councilmember Lucas reviewed actions by Council on Monday, [November
4, 1991] : Council issued apology for statements of the four
officers, agreed to have Mayor's Committee, members of NAACP, agreed
to serve on Committee and she hopes more will volunteer; that is
kind of Committee she would like to have access Department
employees; a Police Review Commission is an excellent idea, and she
would like citizens involved; the Watergate burglary and the
serious assault in Los Angeles have been equated to the officers'
statements; statements in themselves are not a crime; however,
they violate standards of decency and fair treatment; she would
like due process to take its course; if Council does not like what
November 8, 1991
the City Manager does, Council can hire or fire the City Manager.
Councilmember Roth stated he does not mind Mayor's Committee talking
to employees, but believes if a group talks to employees they will
not get candid responses; employees must talk to one person who can
be trusted to report back what is said without revealing names;
otherwise Council may never find out [information].
President Withrow stated there are ways to determine attitude; the
four officers involved have an attitude that Council cannot
accommodate; determining the attitudinal base of the police force
is important; he does not see the Mayor's Committee and the special
investigator to be mutually exclusive; the Committee is needed; he
worked with Personnel Director developing list of potential names,
scoping a charge, the rigor necessary to operate effectively; but a
professional special investigator, with a background in police work,
is also needed to determine the status within the Department; both
[Committee and Investigator] are needed.
Councilmember Roth stated the Committee would make use of the
investigator's report to help make improvements; and wants Council
to receive a copy.
President Withrow stated receiving a report would be a precondition;
the City Attorney has stated the investigator must work for the City
Manager but the report would be provided Council; Council needs
access to the facts in order to develop policy; this is one of the
few legal things Council can do to get at this issue.
Councilman Arnerich commented Council has been working on this
matter; people have stated Council has power to fire, but Council
cannot fire Chief of Police; he wants review by Alamedans; he will
vote for Committee of Alamedans, will welcome anyone from Department
of Justice, FBI or any outside law enforcement agency to come in but
will not pay for any person or group that could be considered
biased; hopes by working together, a better community will result.
President Withrow stated he believes Council should request an
Attorney General's Office representative or District Attorney to
come into the City and conduct an investigation.
Discussion followed regarding investigative report and Committee
procedure.
Councilmember Lucas stated her concern is for fair and equal
treatment for every Alamedan; training to do a good job is needed.
President Withrow stated he has seen a lot of well-trained people
that have an attitude not consistent with values and they are not in
line with what we want in Alameda.
President Withrow moved the City Manager be directed by Council to
obtain a special investigator of his choice from the public sector,
the Department of Justice, Attorney General's Office, the District
Attorney, wherever, requesting that an investigation be conducted
immediately on the condition that the facts and recommendations
November 8, 1991
51
forthcoming from that investigation be made available to Council as
well as to the City Manager.
Councilmember Roth seconded the motion.
Councilman Arnerich stated he would like to see the Citizens'
Committee made part of that motion.
President Withrow stated that would be redundant as the Committee
was voted on and approved at [11/4/91) Council Meeting, but agreed
to include,that in the motion.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Roth and President Withrow - 3. Noes:
Councilmember Lucas - 1. Absent: Councilmember Camicia - 1.
ADJOURNMENT
President Withrow adjourned the meeting at 7:15 p.m.
Respectfully submitted
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance with
the Brown Act.
November 8, 1991