Muzzled Watchdog?

Even as Spokane is on the brink of hiring its first civilian watchdog to oversee police conduct — Mayor Mary Verner says it could happen in two weeks — debate rages about whether the ombudsman needs the ability conduct its own investigations.
Yes, the city should immediately add that authority before hiring anyone, an array of civic activists argues.

Dammit, it’s been three years just to get this far and we need to get someone on the job and then see if the ombudsman duties need adjusting, city officials argue just as strongly.

In the middle of last weekend’s finger-jabbing came the public unveiling of the three finalists for the job. Hard to know what Tony Betz (retired FBI), Tim Burns (retired California cop) and Greg Weber (former state prosecutor) expected when they were trotted out Friday evening for the first in a series of meet-and-greets, but landing in the middle of a tug-of-war over the powers of job they didn’t even have probably wasn’t it.

The second question at the first public forum went to the frank, barrel-chested Betz: Do you know the job is referred to as Ombudsman-Lite for its lack of independent investigatory powers?

“That’s an interesting point,” Betz said, smiling a steady smile and keeping a two-fisted grip on the stack of index cards that contained his speech.

All weekend, the finalists steadfastly refused to open this can of worms even though the question of investigative powers was repeatedly asked by people at the (largely ill-attended) forums Friday and Saturday and by the media in between.

The tiniest of cracks began to appear on Monday evening, after four days of interrogation, when City Councilman Richard Rush walked up to the trio at City Hall to lob the same question.

“I am comfortable with the ordinance as it’s written. If it needs tweaking, you can do that six months, nine months down the road if you run into obstacles,” Burns said for the umpteenth time as Betz and Weber nodded their agreement. “You’ve got to get it off the ground,” Betz added.

“So independent investigative power, or the lack thereof, doesn’t trouble you?” Rush asked.

“I didn’t say that,” Betz replied, but didn’t elaborate when pressed.

There is quite the array of people who are troubled by the ombudsman’s inability to independently investigate complaints, and they assembled at noon Friday at City Hall.

Representatives from civil rights, Native American, low-income and mental illness groups all urged the city to negotiate with the police union to add more authority for the ombudsman. Once the tools are in place, then hire someone to use them, was the mantra.

“I don’t want any further delay to revisit the ordinance. We need to hire someone,” Verner says. “We won’t hesitate to change the ordinance down the road if it appears we need to, but our highest need is to get started.”

“What does later mean? Later used to be now,” says PJALs director Liz Moore. When the city negotiated with the police union a year ago to form an ombudsman office, the issue of independent investigation was going to be addressed at the next contract opening. Which pretty much is now. Except now is going to be later. Labor contracts typically run for three years.

It has been three years already since the death of mentally ill janitor Otto Zehm in police custody set off a wave of outrage, which has led to the cusp of hiring an ombudsman.

All three finalists quickly detected anger, fear and suspicion of police during their public sessions at community centers, and promised to address it. This is the kind of job, Betz says, where you can’t just work 9-to-5, where you have to get out into the neighborhoods, Weber continues, and where you might even set up satellite offices for people who might not ever come to City Hall, Burns concludes.

Burns, with a long, wavy ponytail that flows down between his shoulder blades, looks the least “cop-like” of the three.

How long after retiring as a police officer (Los Gatos, Calif., 1973-1994) did you start growing your hair, he was asked. “Immediately,” he replied.

All three of the finalists mentioned that they have investigated law enforcement misconduct — Burns as a training officer in Los Gatos, Betz as an inspector with the FBI, and Weber as a conflict attorney for the state Attorney General’s office.

Crimes are crimes, they say. But there also is value to reviewing complaints and pushing for different policies, practices or training for police, they say.

Ron Anderson, board chairman of the local affiliate of the National Alliance on Mental Illness, says police are popular guests with NAMI as the agency works to help officers recognize psychiatric emergencies and not treat them as criminal behavior.

“You don’t have to be afraid. One thing I know is fear,” says Shonto Pete, chased and shot in the back of the head by a drunken, off-duty police officer two years ago. “One thing I want to say is stand up for real reform. We want real accountability to help all Spokane citizens.”