City Hall 101: Ethics codes and other playthings

"In sign language, you just told me you're pregnant."


----Seymour Bernstein to his new friend, Dan






Riverside's first City Council meeting after the changing of its guard takes place this Tuesday night when three new city council members and one old one are sworn into office.

As stated previously, unlike last week, there are several items up for discussion on the agenda this week. First, is the already mentioned proposal for city council committee appointments. If the city council survives that process without too many bruised psyches, it will move on to the next item, which addresses the ethics complaint process.

For those who need their memories refreshed on exactly what the Governmental Affairs Committee did, here's the report and here's the minute record for a meeting that took place last July on this agenda item.


And for those who've noticed how active the Governmental Affairs Committee has been lately, here's a list of their meetings so far this year.



Here is the latest agenda report on the city's ethics code and complaint process that was approved by the Governmental Affairs Committee and is now before the city council.

What's fascinating about the timing of this discussion is the fact that this is yet another item that was passed by this committee earlier this year which was then placed on the island of lost agenda items until it was dragged out and dusted off just recently. For about five months, it remained fallow until it came up for discussion.


The emphasis of the report appears to be on improving the understanding of the city's residents that the code applies only to elected officials carrying out their official duties and to provide educational outreach to improve this understanding that they believe is lacking among the city residents.

However, given how both the code and complaint process have been enforced in the past two years, one thing is most definitely clear. It's not the public that needs to have the process including its requirements clarified to them by the elected body, it's the elected officials and their direct employees themselves who need to further their understanding of the process.

Filing an ethics complaint under the current system in place is a waste of a person's time. The complaints so far while very troubling still score lower on the scale of potential ethical violations and misconduct by an elected body than what could potentially be reported in future years including allegations of possibly illegal behavior as has happened in other cities in the Inland Empire. However, if the city council and specifically the Mayor's Nomination and Screening Committee is having such a difficult time implementing the process entrusted to them by a majority of the city's voters on allegations of misconduct fairly low on the scale of that behavior, then it doesn't inspire much confidence in the process when it comes to allegations that are much more serious and possibly not just those that are ethics violations, but corrupt behavior. In fact, it makes you doubt that there even is a process at all.

The one thing that enforcement of this process has also shown is how ill-advised it was to give these same elected officials the power to investigate, deliberate and rule on ethics complaints involving others on the dais. After all, when city council members call city residents "liars", order the police officers stationed at public meetings to remove elderly women from the podium for exceeding speaking time limits and divulge personal conversations they had with city residents on sensitive issues at meetings, how many elected officials have called each other on their behavior? How many have instead defended these behaviors either during or after the fact?

The second list is greater than the first one.

What this city has, is an ethics process watered down by those it's supposed to hold accountable for reasons that probably aren't entirely separate from their interests as elected officials. What we have are at least four complaints filed, with three of those being tossed out on technical grounds by the city attorney's office.

But the interesting thing is that this practice fed into the belief systems of these elected officials that nothing unethical was taking place. So what did that other accountability mechanism, the voting public, think?

One city councilman, Dom Betro, who received two of the four known ethics complaints, both in relation to what some say, is his temper was voted out of office, albeit by a slim margin. Another city councilman, Ed Adkison, didn't run for election and Councilman Steve Adams, the subject of one complaint tossed out by the city attorney's office only won by about 16 votes.

So there really isn't much of a process except one that involves leaving the decision of whether or not complaints will be investigated, deliberated and decided upon to City Attorney Gregory Priamos who needs at least four happy city council members in his camp to keep his job.

What would be more effective is if instead an independent body was appointed to hear, deliberate and rule on complaints filed through the ethics complaint process. Of course, that's the last thing you'll ever see happen with any city council that is elected in Riverside. After all, the city was pushed by communities to do like with the handling of complaints filed against police officers when it created through ordinance, the Community Police Review Commission in 2000. If you've been watching the past two years, you'll have seen how the city council through its direct employees have essentially diluted that accountability mechanism to a shadow of its former self. That's yet another reason why an independent panel of city residents will never be assigned to investigate ethics complaints involving elected officials.

A lesson learned here is that the city council can spend the next two years tossing ethics complaints filed against it every which way, but if there's problems with its behavior and ethics, there's another election in 2009 to further sort things out. Most likely, it will.




And in the great tradition of outgoing councilman, Ed Adkison, new Ward Five Councilman Chris MacArthur will be disclosing that he holds "financial interests" inside two of the city's Redevelopment Agency Project Areas. That meaning he apparently owns land within both the Riverside Plaza and Arlington project areas. Will Adkison's recent record of excluding himself from agenda items due to conflict of interest issues, be approached and perhaps even broken by his successor? We shall see in the years ahead.




At Craigslist, the sharing of popular fables by the uncredited Aesop and Hans Christian Anderson continues.

TGB (as he calls himself) who had opened up the dialogue with his own fable wrote this response to someone who had been inspired by the Anderson tale of the Emperor's New Clothes. As stated, there are many ways to contribute public input to the city council and other ways not mentioned include being closely involved with political campaigns for example.

What's most interesting about speaking at city council isn't how the elected officials respond because most often, they are more responsive to people and development firms with much more money and social status, but how the city residents who watch the meetings respond. Some of the most interesting discussions can take place in super markets, stores and other places with people who watch the meetings and want to learn more about an issue that you've brought up or want to tell you their opinions about it.

Having done just that for several years, the election results of this year were no surprise at all to me. There was a lot of unvoiced discontent with the direction this city was moving with among other things, the fast-tracked Riverside Renaissance project, what some people called an over-active city manager's office, the situation with the parks and as always, traffic, traffic and traffic.

If those who are stunned at the outcome of Election 2007 had spent as much time talking to people from a wide slice of this city, they would have figured that out too and not chalked off the election results and the losses of their own candidates by essentially saying, that the same silent majority that they exhort now was too stupid, too fearful and too easily influenced to cast intelligent votes in this past election. There's probably an Aesop's fable or two some place that can better punctuate that.





In San Bernardino, residents are seeking greater accountability of their city's police department according to the Press Enterprise.

This is in the wake of a year that's seen at least 11 officer-involved shootings including seven fatal ones, a rate per 1,000 officers which is one of the nation's highest.


Among the items on the list to promote accountability, not surprisingly, is a civilian review mechanism.


(excerpt)


The police violence appears to be getting worse," said Georgia Doucette-Spicer, a member of the Association of Community Organizations for Reform Now.

"Over the years, there's been all kinds of outcry, but the people in City Hall just put a Band-Aid on it. As soon as the Band-Aid falls off, they move on."

Mayor Pat Morris said he, members of his staff and Police Chief Mike Billdt have worked hard to foster communication with Westside residents. All allegations of police misconduct are painstakingly investigated, Morris said.

"My assessment is that we have an objective, thorough process," he said. "I think this city is blessed with a remarkably qualified and strong chief of police who oversees these investigations, not just of shootings but of all actions involving his officers. Chief Billdt does hold his officers accountable for their conduct."


That's what the leadership in most cities say in the beginning of this journey. The police departments fight it. The political leadership deny that they need it. But the concerns in San Bernardino are increasing as the city prepares to move Operation Phoenix, the city and police's program to combat gang violence in the city's Westside neighborhood.

Unlike Riverside which initiated civilian review in 2000, San Bernardino already has some framework in place, but city residents and at least one elected official say it's a place to start but not enough.



(excerpt)


San Bernardino municipal law includes a provision for thorough reviews. A 1972 ordinance empowers the Board of Police Commissioners to investigate "the affairs or operation of any division or section of the Police Department and to make such recommendations to the Chief or Council as may seem desirable."

However, the commission lacks funds for such probes and doesn't undertake them. Instead, discussions at monthly meetings touch on the activities of police support organizations like Neighborhood Watch. Sometimes, commissioners air concerns about apparent crime surges in the neighborhoods they represent, meeting minutes show.

Heart said she wouldn't trust such a body to conduct thorough investigations, even if it had the means.

"They're still under the city," she said. "People will say, 'They're part of the same organization as the police department, so what's the use of talking to them?' But if you have an independent organization, the trust is there."

Westside City Councilman Rikke Van Johnson questioned where a review panel would derive authority or funds if it tried to operate separately from city institutions.

He said he wants the police commission to undertake investigations.

"It has not been an investigatory body, and we need one," he said. "I would love to see something in our city that has independent investigative powers, especially in light of the fact that there have been so many police shootings in a year."



Having spoken with Johnson, he expressed concern about the recent spate of officer-involved shootings this past year, including many that involved Black residents in his ward. But it remains to be seen what will happen next. The city plans to research different models of civilian review including that in Riverside.




Columnist Dan Bernstein from the Press Enterprise meets up with his dog's namesake, Seymour Bernstein.


(excerpt)


Many people think because deaf people can't talk, we're dumb. Many of us have gone to college. We speak English. Sign language is a shortcut of English. Our job is to teach hearing people we're normal."

It's not easy. Some retailers believe deaf people have little money and no value as customers. It's a perception that's inaccurate and infuriating.

Seymour co-chaired a Model Deaf Community task force bent on making Riverside a deaf-friendly city -- whether it's a 911 call or a night at the movies. He credits MayorLuv for helping get captioned movies at RivPlaza. And the mayor, acquainted with both Seymours, obviously prefers the human. Making Riverside a better place for deaf citizens "is his life," said the mayor. "He's a good man."



The weather wasn't great but the annual procession of the Virgin of Guadalupe still made the five-mile trek up Mt. Rubidoux.



(excerpt, Press Enterprise)



Maria Genchi of Riverside and her 12-year-old daughter, Liliana, joined the procession on University Avenue before it turned right onto Lime Street then left on Mission Inn Avenue. Along they way, relatives would join them in the procession, Liliana said.

Maribel Sanchez, 19, of Riverside wore a dress in the colors of Mexico's flag -- red, white and green -- as she and family members waited for the parade of people to make its way to the corner of Mission Inn and Brockton avenues.

"I've been coming for the last five years. It's a tradition that I dress up like this," Sanchez said.

Police temporarily blocked off streets as the parade crossed through intersections in downtown Riverside. Some drivers became impatient and made illegal U-turns to avoid the congestion. Others got out of their cars and snapped pictures of the procession with cell phone cameras.

For many, the celebration was a festive event that included lots of smiles and laughter.

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Martin Delgado of Pomona kept beat on a drum as Azteca dancers with shell ankle bracelets and elaborate feather headdresses danced to the beat. Drummers, along with trumpet, tuba and saxophone players that made up a norteño band, played traditional Spanish music.

But for Teresa Padion, who carried a 2-foot tall statue of the Virgin Mary, it was a solemn event.

"My brother is sick so I promised the virgin I'd walk with her. He's really, really sick. If I walk with her she can do something for him," said Padion, 32, of Riverside.



A lot of attention is being paid to former Bolingbrook Police Department Sgt. Drew Peterson's attorney, Joel Brodsky according to the Chicago Sun-Times.


(excerpt)


Initially, Brodsky welcomed the publicity. But now, Brodsky, who is 50 and has practiced law for 25 years, says he got more than he bargained for. He receives hate mail, is besieged with interview requests, and in recent weeks, reporters have focused on his own background.

Among other incidents, they found several police reports over the years, including three domestic calls, one involving a SWAT team responding to Brodsky's Wilmette home.

According to a report of the Sept. 2, 2002, incident involving a "suicidal person," Brodsky's wife, Elizabeth Brodsky, told police "Joel Brodsky was in the house armed with a shotgun."

He had gone to his car to get a shotgun, police said. Elizabeth Brodsky "screamed at [her daughters] to get their shoes and leave now," the report said. "Mr. Brodsky exclaimed, 'That's right. You leave, get out of here, now I'm going to do it right and blow my head off with this shotgun.'"

No one was arrested.

The Brodskys admit they were arguing but say the matter was the result of miscommunication and that police portrayed it inaccurately.




In Chicago, Mayor Richard Daley said that if if police officers shoot people, they should be drug tested according to the Chicago Sun-Times



(excerpt)



In the wake of barroom brawls involving off-duty officers, City Hall is also proposing random testing for alcohol as well as drugs; stepped-up drug testing that uses hair samples instead of just urine; testing for Ecstasy and steroids, and drug and alcohol testing of officers in specialized units.

In addition, the city wants to retain disciplinary records related to sustained complaints for the "duration of an officer's employment" and require officers under investigation to make "electronically recorded statements" to the Internal Affairs Division and the Independent Police Review Authority.

A recent Sun-Times investigation into police shootings found that detectives were sometimes not eager to administer a Breathalyzer to a fellow cop.

The controversial proposals to strengthen the city's hand in disciplining wayward officers were made by Mayor Daley's negotiating team during contract talks with the Fraternal Order of Police. They follow last week's appointment of career FBI agent Jody Weis to become the first outsider in nearly 50 years to serve as Chicago Police superintendent.

FOP President Mark Donahue declined to comment on the city's proposals, posted on the union's Web site.

Police Committee Chairman Isaac Carothers (29th) said the changes are overdue.

"If you drive a truck -- if a garbage man has an accident -- right away he's taken for a test. If you're a police officer, you carry a gun and you shoot somebody, why should we not ensure that person is not impaired? It's not the case now. It's subject to the call of the street deputy on the scene -- if he feels it's necessary," Carothers said.