Courageous act

This week the Detroit Board of Police Commissioners reminded us of the wisdom of ensuring citizens have control and oversight of police.  Established in 1974, in the aftermath of the Detroit rebellion, the BOPC was created to address issues of police brutality. It was empowered with  “supervisory control and oversight” of the police, given the power to review and investigate complaints, formulate policies and practices, and approve budgets. It also was given the power to subpoena witnesses and take testimony. 

It is fair to say that over the years, this vision of effective citizen oversight has nearly disappeared. The board is more noted today for dysfunction and ineffectiveness, often cheering on police rather than providing effective controls. There is an enormous backlog of citizen complaints. 

But this week the BOPC reminded us of the power of collective action and the willingness of committed people to step forward in dangerous times.

Commissioner Ricardo Moore introduced a strong resolution to the Board making clear that Detroit will not tolerate federal interference in our city. The resolution, crafted with assistance offered by the Coalition for Police Transparency and Accountability, is designed to make clear that Detroit Police will not participate in programs and practices that contradicted long established protections of the first amendment and due processes of law. Further it rejects federal efforts to militarize the police and to place federal troops on our streets.

People have been testifying before the Board in favor of the resolution for several weeks. This week, especially, moving testimony was offered about the terror people face from immigration authorities in simply trying to live ordinary, productive lives.

After Commissioner Moore read the resolution, Commissioner Dewalsche provided the second. The vote was 6 in favor and 1 against with Woods, Smith, and Pressley joining in support.

At the end of the vote the audience burst into spontaneous and prolonged applause, recognizing the importance of the resolution and the courage of the commissioners.

Now the task before us is to ensure that this resolution comes to life in practice. And to encourage other elected officials to follow the example of our Police Commission. 

These are not ordinary times. It is up to us, working together, to find the ways to create forms of action that hold the seeds of the kind of world we long to see.  

Here is the Resolution.

Resolution Strengthening and Unleashing Local Control of Law Enforcement to Pursue Accountability and Protect Constitutional Rights.

Whereas: We are living in a time when human dignity and human rights are under siege. Executive orders authorizing federal police actions are in opposition to established policies and procedures of the Detroit Police Department; and

Whereas: Actions by federal law enforcement disregarding constitutional protections of free speech, due process, and access to legal counsel are occurring with increasing breadth and frequency; and  

Whereas: Federal law enforcement officials do not meet minimum standards of conduct expected of every Detroit Police Department officer, including probable cause to interfere with the actions of a person, clear identification of officers during interactions, active body cameras, and respectful treatment of people placed in custody; and

Whereas: For more than six decades, Detroit has developed the principle of civil authority over the police department.  In 1974, residents voted for a City Charter amendment that gave broad supervisory authority over the police to an elected and appointed civilian Detroit Board of Police Commissioners. The Detroit Board of Police Commissioners is invested with responsibilities for oversight on policies and procedures, citizen complains of abusive behavior, promotions, discipline, and budgetary matters; and

Whereas: Civilian control over the police has been reaffirmed in all City Charters since 1974 and is explicitly affirmed in the City Charter of 2012 which was approved by a vote of the people and accepted by the state legislature. The Charter establishes “The City’s police forces are in all cases and at all times in strict subordination to civil power;” and

Whereas: The establishment of civil authority over police is the result of effective collaboration among all branches of government, citizens, and the police; and

Whereas: The current practices by federal law enforcement contradicts the most basic rights and dignity of people and violate standard procedures and practices enacted by the Detroit Police Department and approved by the Detroit Board of Police Commissioners including the right to due process, the necessity of probable cause to stop, search or impede the freedom of travel, right to an attorney, the right to be treated with dignity and respect, the right to fair and speedy process; and          

Whereas: The use of federal troops on US soil is expressly forbidden except in the most extreme circumstances; and

Whereas: The City Charter establishes that “The People have a right to expect aggressive action by the City's officers in seeking to advance, conserve, maintain and protect the integrity of the human, physical and natural resources of this City from encroachment and/or dismantlement.”

Therefore, be it resolved:

That the Detroit Board of Police Commissioners affirms their charter mandated responsibilities to “provide for the public peace, health and safety” of persons within the city; and

That the Detroit Board of Police Commissioners affirms their responsibilities to protect the constitutional rights of all persons and to guarantee due process of law; and

That the Detroit Board of Police Commissioners rejects all federal assistance for police practices within our city; and

That the Detroit Board of Police Commissioners opposes the use of federal troops in the city of Detroit, and directs all officials to oppose such actions and take all measures necessary to ensure the city maintain local control to address local issues; and

That the Detroit Board of Police Commissioners rejects the conflation of local law enforcement responsibilities with those of federal agencies such as FBI, ICE and Homeland security; and

That the Detroit Board of Police Commissioners shall not participate in federal actions where standards of conduct and actions are in contradiction to the protections afforded our community by the sovereign power of the people as expressed in the City Charter of 2012; and

That the Detroit Board of Police Commissioners directs the Chief of Police to ensure the basic standards of policing, including the protection of First Amendment Rights and Due Process are followed; and

That, on behalf of the Detroit Board of Police Commissioners, the Chief of Police will meet            with his counterparts in federal law enforcement agencies to ensure the basic standards of behavior required by law enforcement in our city are followed. These include but are not limited to the protection of constitutional rights, respect for human integrity, and protection of persons and property from harm;

That the Detroit Board of Police Commissioners will  create a special task force to monitor the actions of federal law enforcement within the city. Any violation of basic constitutional rights shall be treated as a criminal offense. DPD has an affirmative responsibility to interrupt such actions and to protect the freedom, wellbeing and integrity of residents; and

That the Detroit Board of Police Commissioners shall demand that Corporation Counsel be directed to explore legal challenges to revoke or limit the executive order of April 28, entitled “Strengthening and Unleashing Local Law enforcement to Pursue Criminals and Protect Innocent Citizens.”