By Antonio Olivo October 26
Virginia’s largest jurisdiction
has moved closer to creating a civilian review panel for cases of alleged
police abuse, part of an ongoing series of police reforms in Fairfax County
being launched at a time when such cases have stirred concerns nationwide.
During a committee meeting
Tuesday, the county’s Board of Supervisors hashed out details for what would be
an independent body that would scrutinize cases involving police abuse or
misconduct, joining the District and a handful of major cities across the
country that have added civilian oversight of police.
The effort in Fairfax is part of
about $35 million in proposed changes that officials are considering in
response to a community backlash over how the county handled the investigation
into the 2013 fatal shooting of John B. Geer, who was unarmed when he was
gunned down by a county police officer outside his home.
[Panel recommends broad changes
to police practices in Fairfax County]
Last month, the board also moved
to hire an independent police auditor who will review investigations into cases
where force is used by a police officer to apprehend a suspect.
Board chair Sharon Bulova (D)
said both reforms will help restore trust in the county’s department of about
1,700 sworn officers.
“An independent panel will be
extremely helpful in providing people with an independent portal through which
they’re able to bring their grievances and issues,” said Bulova, who appointed
a police advisory commission last year that recommended 202 total reforms. “I think
that would be good for Fairfax County.”
A civilian review panel would
consist of nine members, who would examine police department investigations
into claims of abuse or misconduct — including harassment, sexual abuse,
discrimination and recklessly endangering a person in custody.
The panel would be able to hold
public meetings during its review and compel county police officials and
members of the Internal Affairs Bureau to explain their findings during those
sessions.
Amid a rash of police shootings
that have generated protests across the country, Fairfax has tried to walk a
fine line in implementing its own forms of police accountability.
That was apparent Tuesday, when
county supervisors wrestled with how to implement a new form of oversight that
rank-and-file police officers have largely opposed, arguing that a civilian
review panel would be biased against them.
Board members debated whether the
new panel should have investigative authority, such as taking in testimony from
the person who alleged police abuse or misconduct.
Supervisor John C. Cook
(R-Braddock), who chairs the board’s public safety committee, argued against
it, saying that it would be unfair to the accused police officer — who is
protected under state law from having to testify outside the Internal Affairs
Bureau process in cases involving allegations of misconduct.
“You can’t have a hearing or a
meeting where one side gets to give additional evidence and the other side
doesn’t,” said Cook, who along with several other supervisors pushed for the
panel to be restricted to reviewing investigative case files.
Given that the panel would have
access to those files, the board also deliberated over whether panel members
should undergo criminal background checks before they are appointed to two-year
terms.
That question remained unresolved
after several supervisors argued against excluding people with past felony
convictions from participating in a process that is designed to give a voice to
everyone in the community.
“The statement that we want is
that this body will be independent and fair,” said Supervisor Linda Q. Smyth
(D-Providence). “That’s the underlying basis of it.”
County police officers at the
meeting were visibly frustrated by the likely creation of the panel, which they
consider unnecessary oversight on top of internal controls designed to root out
misconduct.
“Most police officers do feel
that this is being rammed down their throats,” Officer Rich Barron, lodge
secretary of the county’s chapter of the Fraternal Order of Police, told the
board. “There are a host of citizens who aren’t going to satisfied by any
investigation that’s conducted until they are able to see an entire case file,
including information that shouldn’t be public.”
Supervisor Cathy Hudgins
(D-Hunter Mill) said the panel is necessary to move Fairfax past the
frustrations brought by the Geer controversy.
“I don't think we have an
alternative,” she said. “Because we don’t want to go through another upsetting
experience like we had in the past.”
#Fairfax County — By its Dec. 6
meeting, the Fairfax County Board of Supervisors should have the opportunity to
vote on creating a Civilian Review Panel for police oversight, a first in
Fairfax.
#That’s the goal of supervisor
John Cook (R-Braddock), who chairs the board’s public safety committee. The
committee met Tuesday, Oct. 25 to consider a draft of the action item that
would establish the review panel.
#The independent panel was one of
the more controversial of the 142 recommendations from the Ad Hoc Police
Practices Review Commission created by board chairman Sharon Bulova in 2015.
#The commission, with
representatives from law enforcement, the media and the community at large, was
set up in response to a lack of transparency and accountability surrounding the
2013 shooting death of unarmed Springfield man John Geer by Fairfax County
Police officer Adam Torres.
#Fairfax County Police and the
supervisors didn’t release information about the case for more than a year
after Geer’s death, even to his family. It took a wrongful death civil suit
filed by the family and a court order to finally get investigation files and
Torres’ name released.
#Torres was fired in July 2015
and indicted by a grand jury for murder in August 2015, a first charge of that
kind for any officer in the history of Fairfax County Police.
#The former police officer
pleaded guilty to involuntary manslaughter and was released in June, after
receiving credit for time served for a 12-month sentence.
#On Sept. 20, the supervisors
unanimously approved another recommendation from the commission: creating an
office of the independent police auditor.
#The auditor will review all use
of force incidents that result in serious injury or death, as well as other
citizen complaints about police use of force not resulting in serious injury or
death.
#In addition, the auditor could
engage in policy and practice analysis, as suggested by the Board of
Supervisors, County Executive or Chief of Police.
#BY CONTRAST, the civilian review
panel would “review completed police internal administrative investigations of
civilian complaints concerning allegations of abuse of authority and serious
misconduct,” according to the draft action item.
#At the Oct. 25 meeting, Cook
specified the civilian review panel would not conduct investigations. Rather,
the panel would review investigation files and decide whether the police’s own
review was “well done, not well done or needs more work,” Cook said.
#If they determine more work is
required, the panel would be able to send the issue back to the police.
#Citizens could initiate that
process in two ways, Cook explained: If they file a complaint with the police
department but are unsatisfied with the results of an investigation, they can
bring the matter to the civilian review panel. Or they could submit a complaint
to the panel directly, which could request an investigation be conducted by
police, that could then be reviewed by the panel.
#Review of the investigations
would happen at public meetings held by the panel. Fairfax County Chief of
Police Edwin Roessler and an officer from the Internal Affairs Bureau would
attend these hearings to offer additional explanation, but involved officers
can’t be required to come before the panel or answer questions, under the Code
of Virginia.
#Adrian Steel, a member of the Ad
Hoc Commission, said the goal of the meeting was to provide the public with a
“full and fair presentation” of an investigation review.
#The meeting before the panel
would provide a place for the complainant to appear “and have his or her day,”
Steel said. But Cook raised questions about whether the complainant should
speak at the meeting, and if so, what limits might be in place.
#Cook and Deputy County Executive
Dave Rohrer said the complainant could state the reasons he or she asked for a
review. Rohrer said that since police investigators will appear before the
panel to answer questions, it would be fair to allow the complainant to speak
as well.
#The board will also need to
finalize criteria for who would be eligible to serve on the nine-person panel.
All panel members would be appointed by the supervisors, but they would
encourage communities and organizations to nominate candidates. Other potential
criteria would exclude current and former Fairfax County employees, as well as
current law enforcement officers and anyone holding public office.
#Panel access to sensitive
documents that would be part of the investigation files created another area of
controversy.
#Police Officer 1st Class Richard
Barron said members of the department are “very concerned” with the fact that
volunteer civilians would have that type of access.
#Det. Sean Corcoran, President of
the Fairfax Coalition of Police Local 5000 and a member of the Ad Hoc
Commission, said it’s about “who has access to what, and when, and why.”
#Corcoran echoed a suggestion
made by supervisor Pat Herrity (R-Springfield) and separately by Kathy Smith
(D-Sully) that the board could wait to establish the civilian review panel
until after the independent auditor office is up and running.
#Barron challenged the need for a
Civilian Review Panel and said the reviews the police conduct on themselves are
adequate. “I don’t see a legitimate need for it,” he said.
#“I don’t think there’s any
purpose” for another level of review, Barron said, adding that officers feel
this panel is being “rammed down their throats.”
#Unlike Barron and Corcoran,
Chief of Police for Fairfax County Edwin Roessler voiced support for the panel.
He acknowledged “we have a great department,” but said he believes in moving
forward with engaging in the community in this way, while protecting the rights
of officers.
#BOARD CHAIRMAN Sharon Bulova
asked Corcoran, who voted in favor of the Ad Hoc commission’s final list of
recommendations, if he’d changed his mind since then. Corcoran responded he had
lobbied against the panel prior to the final vote, but was outnumbered.
#Herrity said he supports
independent oversight, but is concerned that the fiscal impact of the panel is
unknown.
#“In the face of a $200 million
shortfall,” he said, referring to budget projections, “we’re creating a huge
workload for the police department with no gain.”
#The draft item states, the
civilian review panel would be created “for the purpose of building and
maintaining public trust and police legitimacy.”
#John Foust (D-Dranesville) asked
that staff begin to develop a significant education and training program for
panel members on topics including FOIA, handling of sensitive information and
other topics.
#Supervisor Cathy Hudgins
(D-Hunter Mill) spoke of the importance of forming the panel. “This is the best
for you,” she told the police organization representatives, noting that the
community must be able to see the process. “I don’t think we have an
alternative.”
#The Board of Supervisors expects
to vote on the proposal for Civilian Review Panel at its Dec. 6 regular
meeting, with documents posted the week before. The next public safety
committee meeting is scheduled for Dec. 13 at 1 p.m. at the Fairfax County
Government Center, 12000 Government Center Parkway in Fairfax. More information
is available
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