Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
"The horror of that moment," the King went on, "I shall never, never forget." "You will though," the Queen said, "if you don't make a memorandum of it." --Lewis Carroll

Contact: fivebeforemidnight@yahoo.com

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Location: RiverCity, Inland Empire

Saturday, April 26, 2008

"It's not over..." and other responses to the NYPD verdicts

Penny Harrington and Kim Lonsway's book, Investigating Sexual Harassment in Law Enforcement is very comprehensive in covering the topic including how investigations should be conducted concerning allegations of sexual harassment inside law enforcement agencies.

That includes when the investigations are done, the decisions and are made and the outcomes are determined including what to do next. Professional agencies who take allegations of sexual harassment seriously do the following. It's difficult for an individual outside a law enforcement agency to know what's going on with a process that's entirely internalized. At least until a lawsuit is filed in federal or state court.


(excerpt, Harrington, Lonsway)



1) Impose appropriate discipline


2) Charge appropriately


3) Do not reward employee who harasses others


4) Hold supervisors accountable


5)Design other corrective actions


6) Protect complainant from retaliation


7) Use unsubstantiated complaint in a positive way


8) Address other problems




These are common sense guidelines one would think on top of being procedures that are important for dealing with sexual harassment in a professional manner. If sexual harassment is uncovered and allegations of it are sustained in an investigation, then the department needs to send the message to the harasser that what he or she did was wrong, a violation of policy, sexist and/or racist as well as sending the message that the department takes the situations seriously.

Unfortunately, from all the press coverage on sexual harassment complaints and lawsuits often involving multiple employees within an agency not to mention all the research studies done on the issue, it's clear that many law enforcement agencies either struggle to enforce their own sexual harassment policies adequately, they don't care about enforcing them or they don't even have policies and procedures in the first place.

The authors recommend that even in cases where the investigation isn't substantiated, it might be useful to use the opportunity to educate employees on the sexual harassment policies and procedures in the workplace. To ensure that everyone is aware of the harassment policy including how to file a complaint and maintain a working environment that's not hostile to women.

As for rewarding employees who have been found to have been engaging in sexual harassment, that's unfortunately not an uncommon occurrence at many law enforcement agencies. In fact, Michael Berkow, a former deputy chief from the Los Angeles Police Department was sued over allegations while he was heading the department's internal affairs division. Today? He's the police chief in Savannah, Georgia.

Harrington and Lonsway stated in their book that this practice can actually lead to sexual harassment lawsuits being filed against agencies. If the alleged offenders are promoted, assigned to special units, given special awards and other perks, it sends the message that sexual harassment is not only unaddressed inside of an agency but that it might actually be encouraged or so deeply entrenched in the department's cultural infrastructure that rewarding it is done almost unconsciously. On the outside, it's often called what must be the inside's ultimate joke.

There was particular emphasis on holding supervisors of sexual harassers in a law enforcement agency accountable as well. The book suggested at the very least, they needed to be provided with a copy of the department's sexual harassment policy and procedures so that they would be better equipped to address the situation next time. If they played a larger role, then they should face discipline as well because the supervisors and other leaders in a law enforcement agency set the tone for what will be allowed and what won't be tolerated.








"Riverside was facing an $11 million budget deficit in 2005. Frank's business experience on the finance committee created a record $16 million surplus in two years with no cuts in vital city services.


----Frank Schiavone for Supervisor brochure



Interesting quote in the flashy foldout but it's hard to know what to make of it given how the city government played with numbers particularly during the tenure of former City Manager George Carvalho. Just keeping up would inflict anyone who tried with motion sickness equivalent to taking a spin on the Whirl-a-Wheel.



It's also not explained in the brochure which city services are defined as "vital". Does this mean only public safety or does it also include other city services like parks, libraries, streets, museums and such? Maybe there will be some elaboration on this statement in the next round of brochure mailing or perhaps even the next phone call from Massachusetts which like the others before it will be the talk of the political version of the water coolers around town.



But what always amazes me is that outside election years, elected officials including those in Riverside always emphasize how well they work together as a body to ensure that progress takes place in this city. That's how they sold Riverside Renaissance and that's the reason given by several sitting city councilmen for endorsing two incumbents in the last cycle of city council elections last year.



Oh, but when it's election year for others, how things can change! The seven becomes the one. Instead of the united effort of all seven city council members or in some cases assorted majorities, it's all about how one single elected official did everything except part the Red Sea or in Riverside's case, the Santa Ana River.



Maybe elected officials on the dais are so practiced at thinking as one quasi-political organism that they have forgotten that in the translation from "we" to "I", that there were other individuals who worked alongside them. That goes for decisions that people agreed with as well as decisions that people didn't. After all, for those who sat at meetings or watched them at home, how many times did the votes wind up being 7-0? And didn't the consent calendar become more crowded with items including high ticket items particularly in the last several years? At least before the recent drop off in meetings in terms of them seeming a lot shorter in content and duration than they used to be. That's not by chance. That's by design.



But yes, there is a finance committee and last time I checked, it had three members not one and at least one other member serving on it has business experience.



As you know, between 2006-2007, Schiavone did serve on the committee and current Ward Two Councilman Andrew Melendrez serving on it. The committee was chaired by former Ward Three Councilman Art Gage who from what it sounds like in the brochure wasn't involved in his own committee.


Speaking of the Finance Committee, the city's Web site provides the following information on it for each year. Click the year that you're interested first, then click the links for "agendas", "reports" or "minutes" and you will be led to the list of documents by meeting dates to check out. Like most of the committees under the city council, you'll notice something right off the bat and that's how the number of meetings has dropped off. In the case of the finance committee, the number of meetings halved itself from 2006 to 2007.



Last year, you had three city council members claiming to be one-man movers and shakers in Riverside's government. This year, mercifully, there's only one. If you want to credit any one man for running the city, credit or criticism probably goes to City Manager Brad Hudson. It's possible that the reason there's fewer committee meetings in recent years (and that's not just in finance), say since 2006 which was Hudson's first full year in his position, is because the city council is relying on Hudson more than they've used prior city managers.



But now you have a councilman who's claimed he's single-handedly saved the city millions of dollars and delivered us all from the jaws of a deficit. Then there's the claim that Schiavone apparently single-handedly also took on the Big Two, meaning the Union Pacific and BNSF freight train companies which have been using this city's streets as their personal holding pins.





"Frank took them on and won..."





So states the brochure. Only the thing is, last year I believe it was Councilman Steve Adams who claimed that he tamed the Big Two when he ran for office, because he chaired the Transportation Committee. Of course, that committee tussled a bit with the issue against the Governmental Affairs Committee chaired by Schiavone. Next year, it will be the candidates in the mayor's election who will claim to either single-handedly have taken on Union Pacific, BNSF and while you're at it, toss in DHL as well.


But Schiavone goes further when he states that his actions forced the trains "to stop outside of town". Uh-oh. Does that mean that they're stopping in towns or unincorporated areas neighboring Riverside? After all, District One doesn't just claim territory inside Riverside's boundaries but stretches outside of it as well.



I was thinking about this when yet another train stopped, blocking the railroad not too long ago on Riverside Avenue by the Riverside Plaza. The truth is, that if the situation with both freight train companies has truly been alleviated then there are multiple parties involved and Schiavone is one of them. It would have been nice if he could have emphasized that team effort rather than use the singular pronoun. At the very least, it would show his acquired skills that would be important in terms of working well with other elected officials. That's a skill which some undecided District One voters have said they'll be looking at closely.




If the train problem is indeed solved or the companies have indeed parked their trains elsewhere outside of the city limits, then perhaps that solved another problem involving the numerous and very expensive grade separations which were included under the Riverside Renaissance. Not to mention the businesses that have been told they may face relocation and even eminent domain to build these separations. It's nice to know that they won't be needed or perhaps as many won't be needed.





In 2006, there were six meetings and no dissenting votes were cast.

In 2007, there were only three meetings including two in January and again, no dissenting votes were cast on the agenda items.

Schiavone did propose the majority of all the motions but then again on committees, chairs can't propose motions which precluded Gage from doing so. It seemed that according to the minutes, it was very much a three-membered committee save the meetings where one councilman was absent. But now it's a committee of one.



People say that election years can't be exciting but in Riverside, not only were we treated to an eventful, suspense-laden election year in 2007, but we're going to be treated to another one this year and not just in terms of deciding who will win the big show and ticket to the White House later this year.

More excitement to come, I'm sure.








UCR's School of Education has promised to address its problems with racial diversity. Latino activists and organizations have pushed the school to hire and recruit more men and women of color to add to its all-White faculty and to add mentorship programs and additional degree programs for students.

Allegations of racism and sexual harassment also needed to be addressed.


(excerpt, Press Enterprise)



A team of scholars visited the campus in January and interviewed more than 100 faculty, staff, graduate students and members of the coalition and community. The committee's report expressed concerns about the school's "intellectual community," which the Carnegie Foundation for the Advancement of Teaching found is central to the character and quality of doctoral training.

Yolanda Moses, UCR's associate vice chancellor for diversity and excellence, said the committee talked to only about 19 of about 280 graduate students, but enough issues were raised to warrant an investigation.

The university hired Daryl Smith, of Claremont Graduate University, to interview all faculty members about their experiences. An online, anonymous survey of graduate students is also in progress.

Bossert, who said he disagrees with the committee's findings regarding the school's intellectual community, met with three doctoral students over the summer to discuss their concerns that faculty and other students had made disparaging remarks toward them. All three had planned to take leaves of absence.




This department at UCR is not the only one that's been the focus of allegations of racism and sexism including harassment. It's just the latest one.




San Bernardino's budget crisis is complicated by its city charter language addressing public safety.


(excerpt, Press Enterprise)




In the current fiscal year, the fire department's budget is about $32.25 million and police department funding is $63.4 million -- almost three quarters of the city's spending plan.

Supporters of the charter amendment say Section 186 keeps San Bernardino competitive in the employment market for firefighters and police officers. That's a top priority in a city swept periodically by fires and waging a running battle against violent crime.

Skeptics say city officials shouldn't be bound by a rigid formula in any pay decision. It needs more flexibility as public safety takes a bigger and bigger chunk of the budget each year, they say.

"In other cities, there's an ability to discuss how to keep a good force on the street, but not lose the ability to help solve a budget gap when those are created," mayoral Chief of Staff Jim Morris said. "No private corporation would ever structure its budget this way."


But Rich Lawhead, president of the city police union, said San Bernardino's method for setting pay rates keeps them fair and realistic.

Under Charter Section 186, city officials must start all pay discussions by pulling the State Controller's Annual Report of Financial Transactions of California Cities with populations between 100,000 and 250,000.


Next, city and union negotiators take turns eliminating the highest- and lowest-paid cities from the list, until they arrive at the middle 10.

"Section 186 only keeps us in the average," Lawhead said. "The city has to be able to hire and maintain quality personnel. You have to be middle of the road as far as pay and benefits go. If we're not compensating our people, our quality people are going to go elsewhere."

Former Police Chief Warren Cocke said that's what used to happen, before voters approved the charter language.

"At the time, San Bernardino was about the lowest-paid police department in the area," he said. "We would hire people and they'd come to work, get a little experience and go somewhere else. Section 186 established stability."






Rialto's police department is adding some of its former units back even in the midst of a budget year that's hitting many cities and counties hard.




Bus, train or automobile? The record-setting gas prices have many Inland Empire residents playing multiple choice with their daily commutes.







Cassie MacDuff, the Press Enterprise columnist takes former Colton City Councilman Ramon Hernandez to task.



(excerpt)



He came up with at least three stories when confronted about stays at local hotels and calls to phone sex services:

He blamed his nephew, who he claimed stole and cloned his city cell phone -- three times.

He blamed his behavior on being distraught at his brother's death.

He claimed he was being blackmailed by his nephew, then claimed he was being blackmailed by a male lover who had compromising videotape and forced him to use methamphetamine.

A probation officer concluded that his statement about blackmail "cannot be believed."

If you ask me, Hernandez cannot be believed about anything -- including his claim that he's sorry for his crime and the embarrassment it caused.

Hernandez pleaded guilty in January to 24 felony counts of misusing public funds and was sentenced Thursday to six months in jail, which he'll serve on weekends.



Politics and music mixed at a well-attended music festival held at one of Riverside County's Cities of the Festivals.






"If all three officers on trial had done what Detective Michael Oliver did - empty their clips, reload and fire again - nearly 100 bullets would have flown. Would that be considered reckless?

I pray we never have to find out."



----Errol Lewis, Columnist, New York Daily News




Nichole Paultre-Bell spoke out on her reaction to the acquittal of three officers of charges stemming from the fatal shooting of her fiance, Sean Bell.


"They killed Sean all over again."



(excerpt, New York Daily News)



Every march, every rally, I'm going to be right up front," Paultre Bell said, breaking her silence for the first time since the cops were cleared Friday.

"The justice system let me down," Paultre Bell said, her voice strong, her message clear. "They killed Sean all over again. That's what it felt like to us."

Her commitment echoed a vow made a day earlier by Sean Bell's father. At his son's graveside shortly after the verdict was read, William Bell gave his consent "to shut this city down" through a series of nonviolent protests.

The Rev. Al Sharpton, who introduced Paultre Bell at Saturday's rally, said a massive citywide demonstration would occur within the next two weeks.





The focus of the planned demonstrations will be to urge federal law enforcement agencies including the United States Attorney's office to file charges of civil rights violations against the three officers.


One of the officers, Marc Cooper, told the Bell family he was sorry for the tragedy. Two others stopped short.

The president of the union which represents the NYPD's detectives said he was sorry for the tragedy after expressing his relief by co-opting a familiar commercial jingle.


(excerpt, New York Daily News)



That was left to DEA President Michael Palladino, who analyzed the evidence, ripped Bell's two friends who were wounded in the shooting, and piled scorn on the Rev. Al Sharpton.

"How do I spell relief? N-O-T G-U-I-L-T-Y," Palladino said.

"Our sympathies go out to the Bell family," he said. "We have been portrayed as insensitive murderers and I can tell you that we are not."



Bell's father responded to the verdict, to the New York Daily News.


"The judge spit on my face."


The defenses have already began.


The prosecutors defended their performance while people insist that the judge in the Bell case has jailed police officers. As for any federal prosecution? Legal experts doubt that's likely.


Columnists from the New York Daily News also check in.


Denis Hamill: Godlike judge delivers Sean Bell Verdict

Errol Lewis: It's our duty to protest Bell decision



Apparently, the New York Times Editorial Board was stunned by the verdicts, obviously not learning anything from the blanket acquittals of the officers who shot and killed Amadou Diallo.


Fifty bullets, no conviction



Reactions to the verdicts varied across the city and the question's being asked, should there be a special state prosecutor for police misconduct cases?








Thirty-one years ago this weekend, the Philadelphia Inquirer ran its Pulitzer Prize winning articles on what went down inside the interrogation rooms of homicide detectives at that police department and how far up in City Hall the corruption went.

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