Some Charlottesville city councilors have suggested that more oversight of the police department may be in order as most city and police officials still refuse to indicate whether any police misconduct was found during an investigation into a complaint filed last year by an Occupy Charlottesville activist.
“In the end, I believe the [Police Chief Timothy J. Longo’s] investigation of the incident was thorough,” said City Manager Maurice Jones in an email. “His response to the relatively minor violation of the policy, specific to that evening’s plan, was appropriate.”
“I tend to agree with those who say there should at least be some indication of whether or not a violation of policies or procedures was determined to have occurred, and what, generally speaking, the corrective action was,” Councilor Dave Norris said in a Monday interview. “I do think it would be helpful to release that kind of information without getting involved in naming individual names.”
An internal police investigation into allegations of excessive force was completed weeks ago, but there’s still no official word as to whether or not the occupiers’ claims had any validity.
“I can only assume that if it had been some sort of finding of gross criminal negligence that it would have been publicized,” said Councilor Kristin Szakos. “What I hope that means is that it’s a personnel issue… I don’t know what that says about its seriousness. I think it probably is good for someone to know that.”
Mayor Satyendra Huja said the lack of action due to the investigation has led him to assume the complaints were baseless.
“I think the investigation was done and I presume it was therefore different than what was said,” Huja said. “If there was a basis for it, it would’ve moved forward, which it hasn’t.”
In the days leading up the late-night confrontation in Lee Park on Nov. 30 during which 18 protesters were arrested, city and police officials offered assurances that any action taken against the occupy encampment in Lee Park would be safe and professional. Activist Shelly Stern, who was found guilty of trespassing last week along with all the other arrestees, characterized her treatment that night as “abuse.”
Stern cried out during her arrest, prompting a brief rush toward a police barricade on 2nd Street NE. Other activists were allowed to check on Stern while she was in police custody, and occupier Larry Bishop, serving as police liaison, reported that night that Stern was fine, but may have bruising on her face in the morning.
Stern filed a formal complaint against police after telling her fellow activists she suffered neck pain after a metal rod was pushed into a pressure point during her arrest.
The accusations against the police department were repeated in a highly public forum on Dec. 5, when the Occupy Charlottesville group visited council chambers. Public comments at that meeting prompted Jones to assure the chamber that the allegations were being taken “very seriously.”
Stern met with city Chief Longo on Jan. 20, but officials are refusing to publicly disclose what they told her about the investigation results. Prior to her meeting with Longo, Stern said she wanted to take some time to absorb what he had to say before speaking about it publicly. She has not responded to repeated requests for comment.
“I met with the complainant in that case, disclosed our investigative findings, and had what I believe was a thoughtful, productive, and positive discussion,” Longo said in an email. “As the department has not changed its position with regard to release of such information to the public generally, I will not be disclosing any additional information regarding this matter.”
Jones said he was satisfied with Longo’s conclusion, but he also couldn’t speak — even broadly — about the investigation’s outcome.
“The chief did his investigation. I feel satisfied with the level at which the investigation was done and the decisions that he made at the end,” Jones said. “I also feel satisfied that he had a one-on-one conversation with the complainant. And it seemed to be a very good meeting.”
Longo said he has weighed the policy of withholding the results of administrative investigations during his 11 years since he was hired.
“While I am not inclined to change the department’s policy with regard to the release of disciplinary actions or personnel matters generally, I am open to further investigation and discussion with regard to the release of investigative findings to a complainant,” Longo said.
Norris said he sees no downside to releasing more general information without naming the individual officers involved.
“Right now, the current policy is that they don’t release any such information,” Norris said. “I think it would probably serve the community well to at least provide some transparency in terms of the actions that may have taken place.”
The police advisory board has discussed the issue of internal police investigations previously, and Norris said he suspects it may come up again.
“I suspect there will be some discussion and if not a recommendation coming out of that group on that point,” Norris said. “I don’t know that it needs to come necessarily to a City Council level. That’s a decision the police chief can make on his own in consultation with the city manager, as to the level of transparency that they feel is appropriate on cases like this.”
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