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Fresno Police Department Ignores Citizen Complaints
The Central California Criminal Justice Committee (CCCJC) held a Press Conference today where they announced that the Fresno Police Department (FPD) has stopped responding to citizen complaints. The CCCJC and the ACLU of Northern California says this is in clear violation of California Penal Code § 832.7.
Fresno Police Department Ignores Citizen Complaints
By Mike Rhodes
Ellie Bluestein, a spokesperson for the Central California Criminal Justice Committee (CCCJC) says that the Fresno Police Department (FPD) has stopped responding to citizen complaints. She said “the complaint process employed by the city of Fresno is unfair, inadequate, secretive, not impartial, not consistent even with its own listed procedures, and not generally made known to the public.”
Bluestein and the CCCJC have been working for years on police accountability issues and they favor the establishment of an Independent Police Auditor. “We need some transparency and accountability with regard to the police department,” Bluestein said. In an effort to get the FPD to respond to citizen complaints the CCCJC contacted the northern California office of the American Civil Liberties Union (ACLU).
On Thursday, February 21, Mark Schlosberg, on behalf of ACLU notified FPD Chief Jerry Dyer of his violation of California Penal Code § 832.7. According to Schlosberg’s letter, Penal code § 832.7 requires the FPD to inform complainants as to findings made upon completion of the investigation. Section (e) (1) provides that “the department or agency shall provide written notification to the complaining party or disposition of the complaint within 30 days of the disposition.”
Bluestein said “the Fresno Police Department instead sends out a printed form stating that ‘pursuant to California Penal Code § 832.7 it is unable to provide the complainant with the disposition of the complaint.’ This is in clear violation of the Penal Code and the ACLU has requested that chief Dyer rectify this situation within three weeks.”
Below you will find a copy of the letter from the ACLU to chief Dyer, a sample of the letter sent to complainants by the FPD, and a complete video of the CCCJC press conference held on Tuesday, February 26, 2008. For more information about the CCCJC, go to: http://www.cccjc.org
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By Mike Rhodes
Ellie Bluestein, a spokesperson for the Central California Criminal Justice Committee (CCCJC) says that the Fresno Police Department (FPD) has stopped responding to citizen complaints. She said “the complaint process employed by the city of Fresno is unfair, inadequate, secretive, not impartial, not consistent even with its own listed procedures, and not generally made known to the public.”
Bluestein and the CCCJC have been working for years on police accountability issues and they favor the establishment of an Independent Police Auditor. “We need some transparency and accountability with regard to the police department,” Bluestein said. In an effort to get the FPD to respond to citizen complaints the CCCJC contacted the northern California office of the American Civil Liberties Union (ACLU).
On Thursday, February 21, Mark Schlosberg, on behalf of ACLU notified FPD Chief Jerry Dyer of his violation of California Penal Code § 832.7. According to Schlosberg’s letter, Penal code § 832.7 requires the FPD to inform complainants as to findings made upon completion of the investigation. Section (e) (1) provides that “the department or agency shall provide written notification to the complaining party or disposition of the complaint within 30 days of the disposition.”
Bluestein said “the Fresno Police Department instead sends out a printed form stating that ‘pursuant to California Penal Code § 832.7 it is unable to provide the complainant with the disposition of the complaint.’ This is in clear violation of the Penal Code and the ACLU has requested that chief Dyer rectify this situation within three weeks.”
Below you will find a copy of the letter from the ACLU to chief Dyer, a sample of the letter sent to complainants by the FPD, and a complete video of the CCCJC press conference held on Tuesday, February 26, 2008. For more information about the CCCJC, go to: http://www.cccjc.org
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For more information:
http://www.cccjc.org
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The Fresno Police Department received the letter from the ACLU, dated February 21, today (February 26). Chief Dyer, his legal advisor Melissa White and the City Attorney's Office are reviewing the letter and plan to address the ACLU's concerns well in advance of the three week timeframe stated in the letter.
Jeff
Jeff Cardinale
Public Information Officer
Fresno Police Department
621-2486 desk
699-0217 pager
jeff.cardinale [at] fresno.gov
Jeff
Jeff Cardinale
Public Information Officer
Fresno Police Department
621-2486 desk
699-0217 pager
jeff.cardinale [at] fresno.gov
Unfortunately, it seems the State Supreme Court has invalidated certain sections of the Penal Code governing police complaints.
In a case several months ago, the court ruled that, pursuant to the Peace Officers' Bill of Rights, police disciplinary proceedings (including the results of complaints) could not be revealed to the public.
For example, San Francisco can no longer have open hearings before their Police Commission as they once did. Members of the legislature introduced legislation to abrogate the Supreme Court's ruling but to the best of my knowledge, the legislation was vetoed.
In a case several months ago, the court ruled that, pursuant to the Peace Officers' Bill of Rights, police disciplinary proceedings (including the results of complaints) could not be revealed to the public.
For example, San Francisco can no longer have open hearings before their Police Commission as they once did. Members of the legislature introduced legislation to abrogate the Supreme Court's ruling but to the best of my knowledge, the legislation was vetoed.
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