Friday, December 10, 1999
Police review panel wants earlier say in discipline cases
BY PERRY BROTHERS
The Cincinnati Enquirer
As Cincinnati's Citizens Police Review Panel delves deeper into its first review of a fatal police shooting, advocates are pushing to make sure the group has a say before the city punishes errant officers.
An attorney for the community groups that helped create the review body has sent the city manager a proposed change to the city laws governing the panel. The amendment requires that the panel review all officer discipline for misconduct or mistakes before the city manager approves it.
Panel members were outraged when City Manager John Shirey approved final discipline for the officer who fatally shot Michael Carpenter during a March 19 Northside traffic stop. The panel is reviewing the case, and members say the city should have waited until they finished.
“If we don't have the ability to issue our recommendations before the manager issues his final discipline, that makes us nothing more than some kind of quality check,” said Keith Borders, the panel's chairman. “That would make us the equivalent of what NASA has created to study why its Mars satellite failed. That's after the fact. None of these seven members signed on to be quality checkers.”
Council must approve amendments to city laws, but attorney Al Gerhardstein said his clients wanted to give Mr. Shirey a chance to review the proposal before it is presented to a council committee.
Mr. Gerhardstein has requested a meeting with Mr. Shirey, but the city manager has not responded.
“If the city manager chooses not to meet next week, then we'll go forward to council,” Mr. Gerhardstein said.
Mr. Shirey was unavailable for comment.
The proposed amendment's first stop likely would be the Law and Public Safety Committee, chaired by Councilman Charlie Winburn.
Mr. Winburn initially opposed the panel's creation, saying the city had enough police oversight.
“Since we have it, we should make it either work or get rid of it,” Mr. Winburn said. “I want to pin the city administration's ears back and see why they are not moving forward to make this organization work.”
He said he plans to set a committee date to hear arguments for and against the amendment, but he has not taken a position.
The panel reviews investigation reports from the police and the city's Office of Municipal Investigations for thoroughness and accuracy. It has the power to call witnesses and question the findings of other investigations, but recommendations are not binding.
The panel has sent more than 60 questions related to the Carpenter investigations to Cincinnati's homicide unit, OMI and the Hamilton County Prosecutor's Office. Representatives from each office have been asked to appear at the panel's next public meeting — Dec. 20 at City Hall.
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