“The process of democracy is one of change. Our laws are not frozen into immutable form, they are constantly in the process of revision in response to the needs of a changing society” – Supreme Court Justice Thurgood Marshall [1]
Ensuring policymakers understand the needs of our society is no small feat. Making sure that policies change to meet the moment is even more challenging. It is also painfully slow. Last summer, when a Minneapolis police officer murdered George Floyd in front of men, women and children, on cell phone video in broad daylight, people across our nation joined together in protest and brought intense scrutiny and attention to excessive force and deadly police practices. However, what happened to Mr. Floyd was not something new. Communities of color have been enduring and protesting the inequitable use of force for hundreds of years in the United States. The lack of an adequate response and unwillingness to change has provided more than enough reason for people to become resentful and angry. While hopelessness and fury alone do not change societies, they can destroy individuals. It is crucial for us to focus on our collective resilience, fresh ideas, and hope to bring about accountability and change while preserving our own wellness.
Ongoing efforts have led us to a slate of momentous new California policies focused on law enforcement reform. At IOLERO, we are particularly pleased about the adoption of SB 2, formally known as the Kenneth Ross Jr.[2] Police Decertification Act of 2021, because it will have major implications for IOLERO when its provisions take effect in 2023. The law contains a wide range of police-accountability measures, but its main thrust is the creation of a statewide commission with the power to decertify police officers for misconduct, stripping them of a license to work in law enforcement and removing them permanently from the profession. Until the passage of SB 2, California was one of only four states in the country without such a law. As a result, there have been too many cases where an officer involved in troubling behavior was allowed to remain on our streets. Officers also have been fired for wrongdoing in one department, then quietly moved on to another agency because there was no statewide oversight.
From IOLERO’s perspective, the most significant provision of SB 2 is the requirement that law enforcement agencies, including the SCSO, report to the newly formed commission “any finding or recommendation by a civilian oversight entity… that a peace officer employed by that agency engaged in conduct that could render a peace officer subject to suspension or revocation of certification by the commission…”[3] IOLERO is a civilian oversight entity. SB 2 lists a variety of misconduct that can potentially lead to decertification, including dishonesty in reporting crimes, witness intimidation, excessive force, sexual assault, and a number of others, as well as the more general “acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public.” Therefore, the new law requires the SCSO to share IOLERO’s audits with the newly formed commission if IOLERO finds that a deputy has engaged in any conduct described in SB 2, even if the SCSO does not agree. The Legislature clearly intended this provision to motivate law enforcement agencies to take the findings of civilian oversight agencies like IOLERO seriously. SB 2 also ends some aspects of “qualified immunity,” a legal protection that shields police from civil liability for misconduct and excessive force alleged during their duties.
SB 16 is another significant step toward law enforcement reform. SB 16 will increase the transparency of police officer misconduct records pertaining to findings of unreasonable or excessive use of force, discriminatory behavior or prejudice, failure to intervene when an officer witnesses excessive use of force by a fellow officer, or participation in unlawful searches and arrests. This means that IOLERO will be able to share more information with the public when SB 16 becomes effective on January 1, 2022[4]. Increased transparency sheds light on a process that has long been shrouded in confidentiality. This kind of transparency acts as a deterrent to bad behavior and increases opportunities for the accountability that comes from public review.
IOLERO has grown significantly over the past year and is in a position to take advantage of these new police reform policies. In January of 2021, IOLERO was made up of one attorney (the director), an administrative aide and a community engagement analyst who, together, had been chipping away at a massive mission with few resources in an office that was just under 600 square feet. Today, the office is comprised of a staff of seven including two additional attorneys, and two interns. IOLERO moved into a bigger office with room for the interns and the CAC to do their work. IOLERO processed 38 complaints from the public, completed more than 30 audits, and is on track to completely eliminate its backlog by early 2022. Going forward, this will enable us to audit investigations immediately upon their completion without any delay.
Based on IOLERO’s recommendations, the SCSO implemented a new overarching de-escalation policy that applies to all of their operations and acknowledged the importance of conducting more thorough and complete investigations. IOLERO also worked with the CAC to recommend a new firearms policy which the SCSO accepted. It was the first time the SCSO ever implemented a community-driven policy on the use of force and it makes our community safer. In the face of great challenges and against the odds, IOLERO continues to grow and work toward change on a daily basis. Sonoma County has many reasons to be proud of IOLERO’s accomplishments.
As demonstrated by the breadth of new laws enacted this year and the landslide victory of Measure P in Sonoma County, people want law enforcement reform. If law enforcement agencies won’t collaborate on the changes, it will happen through the legislature and electorate. Change is coming to law enforcement practices.
