By John Asbury
The Press Enterprise (Riverside, CA.)
RIVERSIDE, Calif. - Banning city officials are conducting an investigation into allegations of racism and discrimination at the Banning Police Department after one current and two former officers issued a letter indicating they may sue the city.
A Los Angeles attorney, Rupert Byrdsong, sent the letter to the Banning City Council, City Manager Andy Takata and Banning Police Chief Leonard Purvis late Sunday requesting the city investigate disciplinary actions, pay, promotions and the general treatment of black officers versus white officers.
The letter details the accounts of three officers - Marcus Futch, fired in September 2010, Greg Herrington, terminated in 2009, and Allen Eley, on administrative leave - who claimed they were harassed, terminated or penalized because they are black. It said white officers who committed more serious offenses faced less severe discipline.
Purvis denied the allegations, saying the officers were fired or disciplined for “major misconduct.”
In addition to the investigation, the letter seeks an apology from the city and $1.5 million in damages for each officer for discrimination, lost pay and future wages, and other damage.
“If there’s a claim of anything, an investigation has to be done,” Takata said. “We will be investigating it just as any claim made against the Police Department. The city does not tolerate discrimination of any type. We have to get to the bottom of it.”
Purvis said when he became chief five years ago, he began reviewing the department and started the Internal Affairs Bureau. During his tenure, Purvis said, about eight people have been terminated.
“I’m committed to cleaning up this department and we started to hold people accountable,” Purvis said. “We’re going to investigate wrongdoing by our officers and unfortunately those involved in the lawsuit were terminated for major misconduct.”
Purvis said he would open the internal affairs process as much as possible while still following personnel restrictions.
He acknowledged that the department has no black officers on active duty, but said it wasn’t racially motivated and he plans to diversify the department when the budget permits.
Councilwoman Debbie Franklin, the only black member of the City Council, said she had heard reports of discrimination within the past year and referred the complaints to the city manager. She said she had not reviewed the letter Monday.
“I’d like to make sure everyone is treated fairly and equitability,” Franklin said.
In addition to the three officers listed in the letter, four more former officers may also file a lawsuit, Byrdsong said. Among those seven are some white officers who claim they were penalized for standing up for black officers.
“The problematic issue with (the Banning Police Department) is that it treats white officers more favorably than the African-American officers,” the letter states. “Indeed, the (department) has an institutionalized philosophy to punish African-American officers for manufactured or trumped-up infractions while allowing white officers to repeatedly commit egregious acts with impunity.”
City officials met with one of the officers Monday as arbitration hearings began. Byrdsong’s letter gave Banning seven days to respond.