The Long & Winding Road: Working for Civilian Review in 2009

Barb Dougan

Throughout 2009, the Guild continued its campaign for an effective civilian oversight of the Boston Police Department.  As previously described, in 2007 Boston created a very limited civilian review board.  The three-person Community Ombudsman Oversight Panel (CO-OP) reviews the handling of complaints filed with the police department’s Internal Affairs Division.  Its review is based on IAD’s records; it has no authority to conduct its own investigation.  The Guild has been working with Northeastern University’s Institute on Race & Justice, the Greater Boston Civil Rights Coalition and other allies to improve the current system.

Working with the CO-OP. In March, we met with the CO-OP for a progress report on its upcoming 2009 report and implementation of our prior recommendations.  CO-OP members have come to recognize the Guild’s expertise in police misconduct issues.

Encouraging IAD complaints. A review of IAD investigations is pointless if citizens are unwilling to file IAD complaints in the first place, due to intimidation or mistrust of the police.  The Boston Police Department’s website now allows complaints to be filed online.  In April, IAD trained coalition members on how to assist people who wish to file complaints.  IAD also agreed to implement two of the Guild’s recommendations.  First, signs have been posted at each district station, in both English and Spanish, with instructions on how to file either an IAD complaint or a CO-OP appeal.  Second, by the year’s end the department’s website will list all organizations trained to assist with the filing of complaints.

Lack of appeals studied. In its 2008 report, the CO-OP recommended that the City explore why members of the public were not appealing adverse IAD decisions.  The Kennedy School of Government surveyed those who did not file appeals and issued its report in May.  The majority described negative experiences when they filed their complaints, which led to a lack of faith in the appeals process. As for the CO-OP’s procedures, researchers recommended lengthening the time to file an appeal, currently a mere 14 days after IAD issues its decision.

Need for new ombudsman. In August, ombudsman David Hall, former dean of Northeastern Law School, left the board when he moved out of state.  The Guild nominated two of our members, law professors Karen Blum (Suffolk University) and Margaret Burnham (Northeastern University) to replace him.  The position has yet to be filled.

2009 report. In October, the CO-OP issued its annual report.  The number of complaints filed by civilians continues to drop, as do appeals by those whose complaints are not sustained by IAD.  As in prior years, the two main reasons for IAD complaints from the public are lack of respectful treatment and excessive force. Only 17% of civilian complaints were sustained, compared to 79% of interdepartmental complaints.  As for the CO-OP, the number of cases reviewed is also decreasing, from 19 in 2007, to 14 in 2008, to 5 as of October 1.  Only three people had filed appeals as of October 1.  The quality of IAD decisions has improved, however.  They now contain a summary explanation for the decision and the CO-OP is less likely to send them back for further investigation.

Meeting with Mayor Menino. Thank goodness for re-election campaigns. After years of requests, we were finally able to meet with Mayor Menino himself in October.  Police Commissioner Ed Davis and Superintendent Kenneth Fong also attended.  We discussed how community groups can help with the CO-OP’s outreach efforts so more people are willing to file both IAD complaints and appeals. Commissioner Davis also agreed to monthly meetings with our coalition; the next one is scheduled for November 23.

The Boston Globe said that Kennedy School report describes a civilian review board “languishing in obscurity and falling woefully short of its mission to build trust in the Boston Police Department.”  While this is frustrating, it is certainly not surprising.  The Guild has always understood that we’d need to fight every step of the way for accountability in any police department.  The battle may never be won, but we will keep building on each small victory.

Barb Dougan is co-chair of the Massachusetts chapter and a long-time criminal justice activist.