Do We Need An Independent Police Auditor?

The annual call for an Independent Police Auditor (IPA) to oversee the Fresno Police Department begins anew. Five times during my tenure on the Fresno City Council we heard public comment, debated and ultimately turned down Mayor Autry's budget request for an IPA. I did not support it then as a councilmember, and I don't support it today.

Recent incidents involving officers of the Fresno Police Department are troubling. American justice and fairness require, of course, that individuals involved in these incidents not be prejudged and must be treated as innocent until proven guilty.

Mayor Ashley Swearengin, City Councilmembers, City Manager Andy Souza, Police Chief Jerry Dyer and Fresno citizens expect an impartial investigation of the police incidents and, if necessary, appropriate disciplinary actions be taken. There is absolutely no reason to believe that this will not happen without an IPA since investigations are underway by Fresno Police Internal Affairs, the District Attorney and the Office of the State Attorney General.

An IPA would have not prevented the recent alleged police incidents. As soon as Chief Dyer became aware of the problems, he took immediate action to investigate them. To their credit, Mayor Swearengin, City Council members and Chief Dyer have been completely open to the press and have not attempted to hide the facts or make light of the incidents.

What would an Office of the IPA (generally an attorney with staff assistants) do 365 days a year? It is only human nature (and job self preservation) to appear busy. My guess is that the IPA would be a magnet for every disgruntled person wanting to contest a parking or speeding ticket. It would constantly be second-guessing elected officials, the chief of police and, possibly, the courts and grand jury. And how would this additional oversight operation differ from the City Attorney's office, staffed as it is with well-paid, competent attorneys that are fully prepared to investigate possible police malfeasence?

Unmentioned in the call for an IPA is the public record of Chief Dyer's actions when officer-related problems periodically occur in his department of 850 sworn officers. Like any effective supervisor, Chief Dyer is continually seeking to improve his department, and takes disciplinary actions when necessary. His officers know that actions unbecoming a police officer are dealt with in a timely and decisive manner. I am also aware of instances where officers have reported fellow officers for inappropriate behavior.

It should not be the role of an IPA to substitute for the responsibility of Fresno's police chief, the City Manager or the Mayor. If Chief Dyer is not doing his job or has lost the confidence of the citizens, City Manager Souza and Mayor Swearengin need to replace him. It is my personal and professional judgement, however, that Chief Dyer is a very competent administrator.

While the City of Fresno utilizes the "strong mayor" form of government, the Council serves as a necessary legislative and budgetary "check and balance" on governance issues made by the Mayor and City Manager. The Council has always demanded the highest standards from Chief Dyer and his officers. It is, however, fully within its right to question Mayor Swearengin's desire to have an IPA. The Council, I believe, must both ask and answer the fundamental question as to whether an IPA would improve Fresno's Police Department or instead serve as an expensive, non-elected and bureaucratic appendage that separates elected leaders from the citizens that elected them and the employees they supervise.

Contrary to what is often heard from supporters of an IPA, examples abound of IPA's in other cities that are ineffective and sometimes incompetent. What about IPA accountability? Who, for example, is going to provide oversight for an IPA? What would be the political consequences of disagreeing with an IPA? While there are numerous IPA models available, none are without serious flaws. And the cost of an IPA? Probably in the neighborhood of $500,000 when office space, staffing, and fringe benefits are added in. Is the cost worth the additional police officers and equipment that would have to either be eliminated or done without?

And what about the Fresno Police Officers Association? Does the FPOA tell Chief Dyer and the Council what to do? Certainly not! Just as former Mayor Autry, Mayor Swearengin and some Councilmembers argue for an IPA, the FPOA has every right to express its position on an IPA. It is unfair and just plain wrong to accuse the FPOA and some Councilmembers opposed to an IPA of not acting in the best interests of the citizens of Fresno.

Fresno's elected officials and the officers of the Fresno Police Department have been very diligent in their efforts to reduce crime, automobile accidents and automobile deaths over the past eight years. Not a single Fresno police officer has died in the line of duty during this period. And to the best of my knowledge, no one arrested by the Fresno police in the past eight years has been incarcerated for a crime he or she did not commit. Fresno's Police Department, however, like any large organization, is not perfect nor without continual need for improvement. While police officer mistakes have been made, they have also been promptly addressed and appropriate action taken.

I am confident that the most recent incidents will also be handled to the satisfaction of Fresno's citizens. An IPA is not needed.

Coming attractions... 1) Whither the shrinking newspaper 2) Reprise the 2001 City of Fresno Opportunities and Solutions Summit 3) Nine years of standing on Fresno's street corners.

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