CPRC: A city commission or Survivor Island?
Survivor Island, River City Style:
Did the commission try to kick one of its own off the Island?
THE AMERICAN]
One town's very like another
When your head's down over your pieces, brother
[COMPANY]
It's a drag, it's a bore, it's really such a pity
To be looking at the board, not looking at the city
----"One Night in Bangkok", Chess
“Chess is played with the mind and not with the hands!”
---Renaud and Kahn
“Play the opening like a book, the middle game like
a magician, and the endgame like a machine
---Spielmann
Act II, Scene 1
[This scene opens inside a typical cramped conference room in a municipal building where the commissioners have preceded in from off-stage led by the NARRATOR and sat down on their seats in this participatory form of experimental theater where even the audience has speaking parts.]
What: Riverside's finest theater
Where: Riverside City Hall
When: Wednesday, Sept. 23 at 5:30 p.m.
The members of the much beleaguered and overly micromanaged Community Police Review Commission met inside the cramped Fifth Floor conference room at City Hall to once again engage in theatrics in their hurry to carry out City Hall's bidding by continuing with the spaying and neutering of Riverside's form of civilian oversight over the police department. Same script, same characters playing the same roles, but some different nuances this time around.
Leslie Braden, a regular attendee at the meetings, also spoke at the Sept. 22 city council meeting and invited city council members and Mayor Ron Loveridge to attend commission meetings and see the dynamics for themselves. She mentioned CPRC Manager Kevin Rogan's constant texting that he does during the meetings. Maybe he's bored or maybe he's getting instructions for what to do or say next from his handlers.
But once again the commission put on a great show so the evening passed relatively true to form, with plenty of explosive moments and enough strategic maneuvering to keep William Shakespeare busy if he were still hanging around. Yet the overall mood of the meeting was closer to resembling one of those reality television shows, say Survivor Island. Although it doesn't involve ardent physical challenges or meetings around lit Kon Tiki torches, there's that common thread of individuals who initially began as members of a team who as their numbers winnow down wind up turning on each other. The commission isn't quite like that and there are no cash prizes but what you apparently have instead are majority and minority blocs and the former seems to be realizing that controlling the votes cast on motions resulting from agenda items isn't enough, they appear to now want to vote the dissenters off the Island as well.
It's not that the commission is performing in front of the same group of people, as Commissioner Peter Hubbard complained, it's just that most people who attend a meeting for the first time leave saying how horrible it is and that they never want to return. Even the CPRC's newest commissioner didn't stay very long, attending the meeting while sitting on the sidelines. He left about halfway through the nearly three hour session and one wonders if he'll come back even though he's yet to be sworn in to serve on the CPRC nearly a month after the city council and mayor voted to appoint him the next Ward Two commissioner and nearly seven months after former commissioner Jim Ward resigned in disgust after serving nearly two full terms on the CPRC.
In most settings, individuals serving on committees work together even if they disagree, but at this meeting, several commissioners appeared to try to push a seemingly innocuous agenda item to force several commissioners they frequently disagreed with in a position of having to resign. That's certainly how a couple of them felt when Hubbard put a vaguely worded item on the agenda which appeared to address rescheduling the meetings to an earlier time of the day. The communication of agenda items is so poorly done so that often items come up and people on the commission not to mention the audience feel like they have no idea what's actually being presented. That was the case here when some of the commissioners who would be most impacted by a decision coming out of one particular agenda item said they felt blindsided by it.
An amendment to the process which if passed, would have profoundly impacted the ability of some commissioners to participate. Even when that became clear to those proposing it, they pushed it for a while anyway.
Here's the item as it's listed on this agenda and it states the following:
Discussion and action, if any, on whether or not to change the meeting time from 4:00 p.m. to a time earlier in the day.
At the time this agenda item was introduced, any member of the public who wished to speak on it had to speak on it first before it was even properly introduced or outlined briefly by the sponsoring commissioner and then after that was explained, the commissioners spoke on it. This routine was instituted a while back with the argument that that this newer procedure mirrored how discussion items were handled by the city council. However, if you attend or watch a meeting then it becomes fairly clear that's not true. At city council meetings, a city council member, mayor or staff employee gives a brief outline or even a power point presentation on an agenda item before receiving public comment and then after that, comments from elected officials. Check out any city council meeting that airs on cable television or that is included on the city's Web site and you'll find this to be the case. The CPRC format was clearly much different than that used by the city council it claims to be emulating. They tell people who attend meetings and find that their ability to comment effectively on agenda items is severely reduced because that's how the city council does it, hoping that they don't check out the two processes and then find out how different they really are in reality.
One could have hoped that the intent of this agenda item was to expand the length of time that the commission met in closed session because there's concern that the commission is taking longer and longer to process complaints passing the 100 day mark on several occasions, both on individual complaints and on average since the installation of the new officers in March. Commissioner Brian Pearcy commented that the decision to reduce the monthly meetings by half greatly concerned him and he said if there were any outstanding complaints that the commission had to review, then they should schedule a meeting to discuss and issue an advisory finding on that complaint.
But if one would hope that the agenda item was an attempt by the commission to solve the problem of why it's taking 100+ days to process complaints, one would definitely be wrong. The agenda item actually appeared to have been intended to serve several purposes which were more fully delineated during the discussion which followed. There was some resistance on the commission to these proposed changes from the beginning and it would soon become clear why.
But Hubbard, the vice-chair who manages a company, American Medical Response, which contracts with the city manager's office continued to push forward with his insistence that holding the meetings earlier would allow more people to attend, especially if they were held at 8 or 9 a.m. in the morning and it would save the city electricity costs spent by hosting meetings at City Hall after dark. It would also allow commissioners to have time to spend doing social activities and spend time with their families and not have to sacrifice so much of their time to that.
It's no secret that Hubbard isn't fond of the increase in community members who show up for meetings. He shouldn't worry all that much because the commission's ruling majority is pretty effective at keeping most of them from coming back with its behavior including the passage of motions which restrict public participation. These are usually done with petty undertones given that Commissioner Art Santore made a negative reference about this blog (which he apparently does quite a bit at meetings in the La Sierra area) at the time he was pushing a motion to reduce public comment from five to three minutes. If the reduction of speaking time was in the interest of economizing the time spent meeting, then there's no need to mention the blog. And what good does it do to reduce public comment by two minutes, when the commission spends hours arguing including on some mundane items?
Hubbard's not exactly in a position where he can have an independent opinion. Only a truly naive person (and one city attorney) would believe that an individual who through all purposes is an independent contracting employee of the city manager's office through a public safety contract would act independently on issues pertaining to public safety including cases where employees for his company would be interviewed or provide written statements as witnesses.
If there's a recording of his two interviews that he gave the CPRC in early 2007, you should give it a listen because when asked why he wanted to serve on the CPRC, Hubbard didn't appear to know much about the commission but he did know that he missed parking in the specially designated spots for board and commission members and that leaving a 10-year stint on the Board of Public Utilities had left a "hole" in his life. He gave one of the weaker interviews of all those who applied and still mustered enough votes to get appointed because too often, that's how the appointment decisions are made. Part of that is due to the fact that the majority of council members can't or won't even really articulate what they believe are important qualities to find in commissioners and most of them also don't know much about the commission itself except that they want it to be watered down as much as possible.
A stellar reason for the city council and mayor to appoint someone like him on the CPRC completely ignoring how compromised this "independent contractor" employee of the city would be as a commissioner. Community members recognize the problem of conflict of interest even if the city council and mayor do not and a lot of people questioned how he was appointed in the first place. But then most of them are still stumbling over the reality that having the city attorney defend the city and police department from civic liability at the same time he "serves" the CPRC (whose findings can and have impacted the course of wrongful death and use of force lawsuits) constitutes a conflict of interest.
[Commissioner Ken Rotker, wearing one of the new CPRC shirts which were purchased even as Commissioner Peter Hubbard complained that the city had to pay higher electrical costs in difficult fiscal times to light City Hall for evening meetings.]
Anyway, at first it appeared that Hubbard was intent on changing the meeting time in hopes of eliminating the opportunities for city residents who regularly attended the meetings to go to future meetings. And that's how at least one commissioner took it.
Commissioner and former chair, Brian Pearcy who returned from his absence called Hubbard's proposal a "backhanded attempt" by Hubbard to get people the commission doesn't like to stop attending meeting. Moving the meetings should be "at the convenience of the public, not the commission", Pearcy added.
Commissioner and strong Hubbard ally, Ken Rotker said that any insinuation that Hubbard did this with intent to affect the attendance of the city residents was highly offensive to him. He and Commissioner Robert Slawsby agreed with Hubbard that meetings should be moved to earlier in the day so that commissioners could spend more time at night socializing and at home with their families. Other commissioners said that they all knew going into their positions that they might have to spend one night a month at an evening meeting and that had been a sacrifice they had made going into the position.
Then it became clear that some of the commissioners wouldn't be able to remain on the commission if the meetings were changed to earlier in the day. Those commissioners included Brian Pearcy, Chani Beeman and most especially John Brandriff. These employees work full-time jobs and although Beeman and Pearcy have some flexibility, Brandriff didn't even have "flex time" but he also called the commissioners pushing Hubbard's proposal on their intent right away.
John Brandriff accused the commission and city of negating a commissioner's appointment through a motion by the commission to change the meeting time.
"That's your perspective, your characterization of what would happen," Gregory Priamos said.
Priamos then of course rather cheerfully said that a commissioner in these circumstances of suddenly having the times of service change to where they could no longer participate, would have to resign and that a vacancy would have to be filled. And that's kind of when it became clear what the real intent of the item was, as is often the case. Priamos' comments at the CPRC meetings have a way of providing clarity but probably not in the way he thinks.
Beeman also said she objected to the proposal, saying it would change the composition of both the commissioners who could serve and the community members who could attend. She also said that she understood the challenges that she faced when she decided to serve and she questioned why any commissioner would be so willing to push a motion for passage that would cost another commissioner their position.
"This is an unnecessary fight to have," Beeman said.
That of course is relative, depending on who you ask. For people like Beeman who said she couldn't conceive of a commissioner performing an action or advocating an action which would force another one to resign, it seems trivial and unnecessarily divisive. But for those pushing the motion which included Hubbard, Rotker and Commissioner Art Santore, it's very important because besides their inability to attend their meetings earlier in the day weren't the only thing that Pearcy, Beeman and Brandriff had in common. They also comprise a crucial minority voting bloc in the current dynamic of the CPRC.
Throw in Slawsby when he's showing an ounce of independent thinking which granted isn't often enough but he still leads the majority bloc in that area and the current vacancy and the majority rule actually turns into a tie vote. If Brandriff and Pearcy had attended the crucial meeting on the vote on the inclusion of a minority report and had cast votes in favor of it (which Brandriff seemed intent on doing and Pearcy, possibly), then the vote would have been tied. It's probable that the issue was pushed so quickly by the majority bloc because they weren't in attendance.
The majority ruling body of the commission which consists of four members proved through its vote to eliminate all minority reports that simply exercising the power welded by a voting majority isn't enough to keep it happy. It has to stamp out any voice from the minority bloc that it could, hence the decision to ban minority reports. After doing that, it's certainly not implausible that the voting majority would choose to next search for loopholes (such as a lack of protocol in writing on meeting times) to try to rid themselves of the more troublesome commissioners who don't march lock-step to City Hall's agenda for the commission like they do. After all, check out the commissioners who wore their new city-issued, tax payer sponsored shirts and who didn't. The only three members wearing them which included Rotker, Santore and Slawsby were all in the majority voting bloc though occasionally Slawsby has an independent thought including on the issue of minority reports.
And given that few commissioners even cared that one of them might have to leave because of a motion it passed, it's not implausible to think that perhaps it was intended that way. If this issue had come up say, three years ago, no commissioner on the CPRC would have ever done anything to jeopardize another's ability to serve. And no commissioner would have ever attempted to pull the stunt that the current majority of this commission did and tried to make it sound like he or she was doing something else. Three years ago, commissioners disagreed with each other but still worked together. They didn't try to push each other into positions where they had to think about resigning and keep on doing so even when it became clear that would be the case. How truly low this commission has sunk in the past year or so. How low became clear last night, when it put on a display for those in attendance that commissioners are unable to coexist with others who disagree with them on fundamental issues to the point where they might be trying to get each other to drop off.
But as stated, a lot has changed in the past several years and very little of it for the better.
Today, they disagree and some vote just because they want to vote against another commissioner and now it's clear that there are members on there who appear intent on trying to pick each other off. But then this latest batch of commissioners has already established a history of doing as Pearcy called it at one point, "throwing the baby out with the bath water."
Pattern and Practice?
***Someone tries to create a process to write policies and procedures and bylaws involving officer-involved death investigations and the majority votes to get rid of the ad hoc committee the first time and the entire (and newly reborn for five minutes) Policy, Procedure and Bylaws Committee. Then they throw in the Outreach Committee for disbandment for good measure. Then they pass a motion banning the creation of any future committees.
***They don't like a commissioner's minority report or the fact that it had gotten more media attention than the majority report. They vote to not include the minority report before voting to ban all future minority reports permanently (or at least until more enlightened commissioners get appointed).
***Hubbard and then Slawsby and Santore try to push a motion to move commission meetings earlier in the day and continue onward (most particularly Santore after Hubbard backs down) even knowing that one or more of them will have to resign. Only because those who would have to resign are on the other side. Could you imagine any of these commissioners trying to pull this action if they were the ones who couldn't make the meetings?
Brandriff who was upset at having been broadsided by a motion that might have ended his stint on the commissioner hoped he would have received more sympathy on the commission but there was little hope of that.
When asked if he would have to leave the commission in those circumstances, Brandriff responded quickly.
"Yeah, you'll force me to have to resign," Brandriff said.
Pearcy said he'd strongly object to any motion or action taken by the commission that would force a commissioner off of the panel. At least Beeman and Pearcy cared. No one else on the panel gave a damn that Brandriff might have to resign at least for a while. Hubbard claimed that he didn't know that Brandriff worked full-time but had believed he was "permanently disabled", then he kept digging his hole even deeper.
Commissioner Chani Beeman said that the changing of the time would alter the composition of both commissioners and community members at meetings. Evening meetings are the best for community members, she learned through her time on the Human Relations Commission.
"To sit here and not even care that would even prevent one of our commissioners could attend is not a conception for me"
Yes, Beeman that's what it's come down to on this panel of volunteers. Peter Hubbard didn't hear what she was saying at first but after others chimed in, he finally backed down and stopped digging his hole any deeper. Whether his handlers are happy with him remains to be seen.
"I really thought it wouldn't have that devastating an impact on any individual," Hubbard said.
But Santore picked up the mantle and began digging his own hole by insisting that he didn't want to drop the issue but that the commissioners should move meetings back two hours earlier and that employees could use their "flex time". That wouldn't help his situation, Brandriff said.
"There's no such thing as flex time on my job," Brandriff said.
There's many occupations that would be disqualified if having "flex time" or being retired became a requirement for serving on the CPRC. Most of those pushing the changes were retired or had the greatest degree of flexibility in their schedules.
At the end of the discussion item, it wasn't exactly clear whether or not the schedule will change but Hubbard did back down from his quest to change the meetings to any times when commissioners might have to resign or how this will continue to play out in the weeks and months to come.
Snapshots from a meeting
[Puppet and Puppeteer? A question many people have asked about the current status of the CPRC and its cast of players. CPRC Manager Kevin Rogan(l) and City Attorney Gregory Priamos who are the topic of a great degree of speculation contemplate discussion on changing the CPRC's meeting times.]
[Commissioner and former chair, Brian Pearcy listens in on Hubbard's motion to schedule meetings earlier in the day which could have forced the resignation of at least one commissioner and put his own position in jeopardy.]
[Polar Opposites: Commissioners Ken Rotker (l) and Chani Beeman were on opposite sides of the fence on changing the time of CPRC meetings and most everything else with one major difference being that one of them feels like they need a City Hall issued uniform and one of them is perfectly comfortable in street clothes.]
To be Continued...
Downtown Business Watch
[The downtown Fox Theater Plaza is still undergoing construction for its reopening date early next year. A lot of downtown businesses served as sacrificial lambs to promote what city officials hope will be the cornerstone of bringing more people and their plastic to downtown Riverside.]
More business owners downtown are being forced to relocate their businesses to be replaced by parking for the Fox Theater. They're not the first business owners to spend decades propping up the downtown and then being swept away because they don't fit with the vision of the Greater Chamber of Commerce, the Riverside Downtown Partnership and the Mission Inn Hotel. Hopefully, they are being more than adequately compensated in appreciation for doing business downtown when no one wanted to and hopefully it's not coming from the sewer fund.
(excerpt, Press Enterprise)
The City Council on Tuesday approved a relocation plan, which describes how the city will help tenants move and how much money they could receive to offset costs.
The plan estimates relocation payments to 10 businesses and four residents, and assumes tenants will be moved by the end of the year.
A 400-space parking garage with some retail space is expected to displace them. It would serve the Fox Performing Arts Center, set to open in January after a more than $30 million overhaul.
The city spent about $6.7 million buying land for the project. While there's not yet a design or cost estimate for the parking garage, Councilman Mike Gardner said similar projects cost about $20,000 per parking space, which comes to about $8 million.
Before the meeting, Brookleberry's Antiques owner Joni Skiles said she hasn't yet found a place to move her store, which is next to the Fox.
She's trying to stay positive, she said, but knows relocating will mean losing out on some out-of-town customers that come from downtown's biggest draws, such as the Mission Inn.
Labels: Backlash against civilian oversight, City Hall 101, cprc vs cprc, public forums in all places
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