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Denver Police Oversight Plan Called Too Weak

By April M. Washington, Rocky Mountain News

A week after the Denver City Council cleared the way for Mayor John Hickenlooper’s proposal for civilian oversight of the police to go before the voters in November, the plan still is under heavy attack for what it lacks.

Some community leaders have criticized Hickenlooper for shying away from a political fight and not fast-tracking a change to the City Charter that would end “comparative discipline,” a policy which holds that a police officer should not be punished more severely than officers guilty of the same or similar offenses, sometimes years earlier.

“He dodges the very thing that needs to be changed to bring meat and purpose to strengthening the entire process,” said Leroy Lemos, a member of the police reform task force. “The only way meaningful change is going to happen is it’s going to have to come from the citizens.”

Lemos said he and other Hispanic, black and American Indian community leaders are exploring a petition drive to place on the May ballot a combined measure to change the charter to end comparative discipline as well as give a civilian oversight board binding powers to recommend discipline and initiate investigations surrounding alleged police misconduct.

City Attorney Cole Finegan said the mayor’s proposal is focused on the areas of charter reform needed to lay a foundation for a civilian oversight system that can restore community trust in the police department.

The core of the mayor’s plan calls for forming an Office of Independent Monitor, which would have unrestricted access to information involving alleged police misconduct. But Hickenlooper has been silent on the subject of comparative discipline, and there has been widespread criticism that his plan lacks teeth.

Councilwoman Kathleen MacKenzie, who chairs the Council Charter Committee, asked last week why it was missing from the package of reforms.

“I’ve talked about all the charter changes needed for meaningful police reform,” she said. “We just don’t need a wave of monitors on top of monitors.”

Councilman Rick Garcia, chairman of the Council Safety Committee, agreed.

“I do believe the comparable discipline provision is problematic,” Garcia said, “particularly if you have to go back to base-line discipline given out 20 years ago when you’re considering how to discipline an officer.”