Farewell, goodbye and amen to another city management employee of color

Last night, the city of Riverside held a reception for one of its departing employees, Deputy Chief Dave Dominguez, who has served the city for 14 years.



There was barely standing room in the Mayor's Ceremonial Room as dozens of police department officers past and present as well as city employees and community members gathered there to wish him well on his new job as the police chief of Palm Springs.



Dominguez first came to Riverside's police department in 1994, as a lieutenant, when Ken Fortier was police chief during a time of great turbulence both inside the department and in the communities of the city. Mary Figueroa who heads the Eastside Think Tank said she had told Fortier that when he assigned the new lieutenant to be area commander of the Casa Blanca neighborhood, he wouldn't know what he was in for and talked about meetings held there and both his professionalism and his commitment to the communities he served. He takes those experiences and gifts to his new position, where as Chief Russ Leach said, there needs to be steps taken upward in terms of how the department relates with community members. Dominguez will make those steps.



It was a great reception but it's hard to shake the feeling that the community in Riverside is one major reason why Dominguez stayed as long as he did in his position. The truth is, that this city has not been a friendly climate for several Black and Latino men and women who have held positions at the management level especially those who held those positions before the current city management team was hired.



At least Dominguez didn't have the indignity of being told by a councilman to stand up and be put on display like former interim-for-a-while-Asst. City Manager Jim Smith who is Black. Smith was put on the block to be shown off as proof that if it weren't for the current city council at the time's civil rights record, then Smith, the Black man, would never have been city manager. Many African-Americans who watched were deeply offended by this action, which was done by an elected official in an attempt to prove the city's treatement of men and women of color wasn't racist. After all, it was being done to validate an "accomplishment" by an elected official representing a body and not accomplishments by Smith.

Of course, Smith's nice coach and horses turned quickly enough back into a pumpkin and a group of mice and he was demoted while a man that he had once been over was elevated to become the city's first assistant city manager of finance. Paul Sundeen's new job came about officially because the city in its infinite wisdom had merged the city manager's office with its finance division and that helped clear the way for its Riverside Renaissance which is running along at $2 billion most of it borrowed. Sundeen wasn't the only White male employee in the city manager's office to have a position created specifically for him.





Tranda Drumwright, the former director of housing had to listen to her boss tell her she didn't see her as "management" material at all. But a White woman with much less education and experience than Drumwright had, was. Drumwright was the only one in the group to actually be fired, but it was interesting how many men and women of color decided to resign to seek better career options outside of Riverside. Then again for the talented men and women who did so, that's probably the case. There's apparently no room for their talents here which is the city's loss even if it doesn't care to recognize that. If that's indeed the case, then what's being done about it?



Fourteen years and many community meetings later, Dominguez became a deputy chief through some difficult times as the police department moved from one stage to the next spending most of its evolution on the national stage. He was assigned to help remedy situations which needed it and did the job well. But the unenviable politics of being in upper management in the police department was something spotlighted almost a year ago, when the city management office in its infinite wisdom tried to make the three highest ranking employees after the police chief, "at will" employees. At the will of whom, became a controversy which brought a crowd of police officers and community leaders to city council to address the situation.

It was interesting to see at which juncture the city flirted with going "at will" in the police department. It came at the point in its history where the three management positions involved were filled or to be filled by Latino men. All hired by Riverside before the influx of Riverside County employees began. All who brought experience and skills to their positions and different perspectives. All about to become as conditions to their positions, "at will" employees purportedly of the police chief but the fear seemed to be that they would really be "at will" of the city manager's office. Would that be true? That's a question that wasn't really ever answered. Not yet anyway. The sitution between labor and management that came to play at City Hall last March ended in a draw.



Not everyone felt or feels that "at will" was the bill of goods that the city sells as being this great thing though maybe in theory that's what it's supposed to be. In fact, there are employees in the city who don't willingly embrace it, for obvious reasons and quite a few fear it. As it turns out both police and fire management employees can't be "at will" in the same way as employees in other city departments, which probably is not a bad thing. So the whole plan was called off with great ceremony with different representatives from the involved parties speaking out on why it was a bad idea. Different people took credit for it, but it really was no one single person who did do it because if that had been true, it wouldn't have gotten as far in the process as it did. It was something that just couldn't be done and the individuals who made those decisions should have known it couldn't be done if they were qualified to fill the positions they hold. But either they didn't know or they didn't care.



After seeing what's happened to the heads of several departments in the past couple of years, it's not hard to see why some management level employees would break out into a cold sweat simply hearing the two words, "at will". It makes it easier for the city to encourage people to leave to seek out better career opportunities because many talented managers do not like being micromanaged or treated or viewed as "yes" people. It's kind of against their nature, just like most police officers don't want to answer to someone unless it's the police chief.

But the city's lost many talented people who were definitely "management material". How many more are left to be lost?


There's been losses in the Human Resources Department, the Metropolitan Museum, the Library Department and who can forget the former executive manager of the Community Police Review Commission, Pedro Payne, who suddenly got the urge to "resign" not long after signing a contract to become an "at will" employee. It's strange how that happens. Employees in management positions happily becoming "at will" then the city issuing statements that employees are suddenly leaving to seek out better career opportunities. Or you have employees, inclulding one notable example, who when faced with becoming "at will" absolutely refuse to sign that dotted line. Why? The answers should be obvious.




The city council including its newest members praised Dominguez from the dais, beginning from right to left. Ward One Councilman Mike Gardner said that Dominguez was a "credit to the department and the city". Andrew Melendrez from the second ward called him someone who empowers other members of the community and leads by example. Ward Six councilwoman, Nancy Hart said he was the kind of person that others could look up to. All of them were right. But why does it appear that the city is losing more and more people with these particular kind of talents? And do these same elected officials who parade these employees to make themselves feel better, advocate for these same employees in other ways that don't involve self-promotion? It's certainly hoped so, yet the city keeps losing them to better opportunities elsewhere. It will continue to lose them.

Praise is all well and good and it should be given. But what's more important than praising someone as they are leaving is to make sure that these employees feel valued while they are still employed by the city. And part of valuing them is to ensure that there's job security, rather than placing them in categories which put them at risk of losing their jobs or deciding that it's time to "resign" to seek better opportunities as happened with several Black and Latino management employees including Smith and the former human resources director with high performance standards, Art Alcaraz. Too high as it turned out, for Alcaraz who also resigned and is employed elsewhere.

The city lost a similarly talented individual with strong community ties in Vince Moses who directed the museum and they lost a great director of the city's public library who is very much missed. Hopefully, these employees also had nice receptions hosted for them as well before they departed. Somewhere a catering company is very happy.


A lot of people did show up in support of Dominguez who leaves one job behind and begins another.


Several of the officers from the Riverside Police Officers' Association Board who had spoken highly of Dominguez at a 2007 meeting of the Group were in attendance along with an assortment of captains, lieutenants, sergeants, officers and members of the city management team. It was a really good turnout as it should be. But there was still some sense that it's another case of "you don't know what you've got until it's gone" that's become part and parcel with the city and the men and women of color in upper management.

"Goodbye, Farewell and Amen" was the title of the final episode of the long-running television program, M*A*S*H which last aired in 1983. It addressed the end of the Korean War and how the characters of the shows who had developed deep friendships with each other were going to return to the lives they had left behind. It was about ending one phase of one's life that held great meaning and beginning anew.

It's still the highest rated television program in history though last weekend's Super Bowl did come almost close. Many of the city employees who have "resigned" have also enjoyed long tenures in the city and have created voids at City Hall and elsewhere with their departures which can't really be filled. Domingeuz is the latest one who will leave a void, taking part of the soul of the police department with him.





In local election results, Measure A is passing by about 67% of the vote while allegations that voters'party affiliations are being switched without authorization continued in Riverside County and there was shortage of Democrat ballots in parts of Los Angeles County.





Entering into the ring of the upcoming judicial elections is a Riverside County Superior Court judge who was removed from the bench.

Former Judge Robert G. Spitzer has filed papers to run for the position even while his removal is still under appeal. At least one other candidate has filed to run for the same seat.



(excerpt, Press Enterprise)



Spitzer filed a petition Dec. 28 for the state Supreme Court to review his case. The matter is pending.

"From our point of view, we are not going to change his status as a judge until the Supreme Court rules on his petition," said Russell Weiner, deputy chief trial counsel for the State Bar of California.

"It's another issue whether or not he is able to run for his old office while this matter is on review," Weiner said.

Commission rules state its order of removal is not final until the state Supreme Court has acted on any petition for review. Judges are disqualified "without loss of salary" until the matter becomes final, the rules say.

The Riverside County Registrars' office said there is no need to review Spitzer's documents because all he has filed is his intent to run for that office.

If there is no Supreme Court decision by the March deadlines for candidates to withdraw statements, Spitzer might be able to list himself as a superior court judge on the June ballot, said Ben Davidian, an attorney specializing in election law and a former chairman of the state Fair Political Practices Commission.

"If he puts on the ballot 'superior court judge,' and the Supreme Court then rejects his petition, you have a misleading ballot," Davidian said. "That's a real tough situation."



A lot going on across the country involving civilian oversight mechanisms.





In Eugene, Oregon, one man will have his case heard by the civilian review board, according to the Register-Guard.



(excerpt)


The five-member board agreed Monday during its monthly meeting to revisit the case soon — with some reservations.

“I would like to add it” to the list of cases up for review, board member Ann-Marie Lemire said, echoing the sentiments of the other board members. “But there may be other cases that bump it down the list.”

Steskal, who submitted his request via e-mail and did not appear at Monday’s meeting, is the first person to make such a request of the board, which works with the city’s Police Auditor Cris Beamud to comment on the thoroughness, fairness and findings of the department’s investigations of misconduct allegations against police officers. Voters approved the board and auditor positions in 2005 after the convictions of two former police officers and concerns regarding racial profiling by police.





Seattle Mayor Gary Nickels is reviewing recommendations submitted by a panel and says that he'll act on them but that some of them will be subjected to collective bargaining with the police department's labor union according to the Seattle Press-Intelligencer.



(excerpt)



"I believe it's in the city's best interest, and the guild's interest, and the public's interest that we have a system that everyone has confidence in," Nickels said at a news conference.

Nickels identified 13 recommendations as subject to collective bargaining, including two within the City Council's purview. They include:


Expanding the role of the civilian auditor, who reviews ongoing internal investigations to audit department policies, procedures and training and to report findings to the public. The auditor should first focus on the department's relationship with minority communities.


Extending a 180-day deadline on internal investigations when critical information arises late or when a material witness is unavailable for an interview because of a pending criminal case.


Making the OPA director more independent of the department with broader control over OPA staff.


Adopting a policy that presumes an officer will be fired for sustained complaints involving dishonesty.


Requiring Chief Gil Kerlikowske to explain in writing his decision if he overrules the OPA director. In a small percentage of cases, the OPA director sustained complaints of misconduct, but the officer was not disciplined because the chief reversed the findings.


Increasing the OPA Review Board from three members to five or seven, and requiring it to conduct four public hearings annually.

The guild is open to meeting with the mayor's representatives away from the table and getting clarification on what some proposals mean. The guild might be agreeable to some of the recommendations without bargaining, but it plans to protect its rights, said Sgt. Rich O'Neill, the guild president.

"Maybe some in the 13 are bargainable, but we could live with. There are all kinds of things we could work out," O'Neill said. "But there is no emergency. There is no crisis that deems this needs to be dealt with right away."




Nickels' latest action is just the latest in the ongoing saga between various factions of power in Seattle to either figure out how to make its mechanism of oversight more powerful or less depending on what side of the fence you are sitting on. Or more accurately, what side of the net.




Barbara Attard, San Jose's independent auditor, forwarded an editorial from the San Jose Mercurywhich included decisions made at a city council meeting to make the police complaint process in San Jose more user-friendly.

The only problem is, when all was said and done, voted upon and the dust had settled, nobody could figure out what had just happened.



(excerpt)


And as some last-minute light reading, there was a supplement written by Independent Police Auditor Barbara Attard. It was topped off by a PowerPoint presentation of new complaint definitions by Police Chief Rob Davis with rebuttals by Attard, addenda by the city attorney and a few lawyerly verbal wheelies by council folk.

Councilwoman Judy Chirco could stand it no longer.

"I think my ability to think is quite good, but this so, so confusing," she said. "I am extremely lost. I need help understanding what all of this means. I look at myself as a Jane Q. Citizen, and when you say 'Non-Misconduct Concern' it sounds like a double negative to me."

Then it dawned on the council that they were not sure what, if anything, they were voting on. This was an administrative proposal, they were told. The city attorney explained that the council could merely vote to accept the report - or not.

After three-plus hours, the council voted to accept the user-friendly changes - whatever they were - 8-3.

As Attard glumly walked away from the hearing, she was asked if things were now clear to her.

"As clear as mud," she said.



It's interesting because Attard has been an advocate for her office's accountability and transparency since she was hired. Her predecessor, Theresa Guerrero-Daley once came to Riverside in 1999 to do a presentation on the auditor model of civilian oversight in general, using San Jose as an example. Of course, Riverside didn't adopt the auditor model, opting instead for a process similar to that used in Long Beach, but Guerrero-Daley impressed many of the members on the city's research committee.

Guerrero-Daley, who currently serves as a superior court judge, is also mentioned in the book, Fallen Blue Knights which was published in 2005 and written by Sanja Kutnjak Ikovic. In this book, Ikovic addresses the serious problem of corruption inside law enforcement agencies and how it needs to be controlled by both internal and external mechanisms. The problem is, according to Ikovic, is that both of these mechanisms too often fail in this endeavor.

The Office of the Independent Police Auditor arose from community protests against among other things, excessive force allegations and racial profiling made by city residents. It was created by an ordinance passed by the city council in 1993 and voted into the city's charter in 1996 as a permanent agency. This was done to protect the office from fluctuations in the city's political climate. For those living in Riverside, this should sound very familiar. That's not surprising considering this scenario around the establishment of civilian oversight and review has played out from coast to coast.





Ivkovic states in her book that auditor models of civilian oversight can play a larger role in addressing police corruption than their distant cousins, civilian review boards, which focus more on individual complaints. It's important for auditor systems to keep doing so. Still, even a model like that utilized by San Jose can only examine one part of a police department's operation, mainly the way it investigates allegations of misconduct involving police officers.

Her book is proving to be very informative and a fascinating read.






Here's a very interesting and fairly old account of civilian review in New York City and how race played a role in the debate over this issue back in the 1960s and 1970s.





They say things happen in threes and that's been the case with police officers shooting each other during the past couple of weeks. Another such shooting happened in Georgia.

It's interesting how when regular folks shoot each other, it's called just that or having a shootout between two sides, one of which might be law enforcement officers. However, when police officers shoot each other, it's called "exchanging gunfire". As if instead of firing guns at each other, these officers were playing a tennis match against each other but it's much more serious than that.