My Statement at the June 9th Legislative Meeting
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We always begin our legislative meetings with a moment of silence, and almost always I state that this is a time for reflection. Today we have plenty to reflect on. The nation, our city, and this Council are going through a moment where we are confronting the vestiges of slavery: that is, the quiet and pernicious continuity of racism in our society. We are also confronting the reality of experience: that whites
think
they understand the African-American experience.
For African-Americans – and I hesitate to say this because I cannot speak for African-Americans – what is happening today, and for the past 15 days, is not new. We can say the names – like Trayvon Martin, Michael Brown, Freddie Gray, Breonna Taylor -- but even that is not new. We can cite events – like George Floyd, or Rodney King, or Selma, or Tulsa – and maybe, as we do so, white Americans can see that for black Americans, this is not new.
Today we have an important bill before us to address police conduct. Surely we need action. And there is more we can do. But I ask that each of us reflect what also needs to change, but which we cannot legislatively change: our understanding of each other. And our attitudes.
Somehow we have to change deeply rooted attitudes – often unconscious attitudes – within ourselves that allow racism to persist in our society. How do we end this? I ask that each of us reflect on this during a moment of silence.
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On June 9th, the Council adopted emergency legislation dealing with police training and conduct. Although much of the bill merely codifies existing general orders (such as banning neck restraints) there are other new and important provisions that present meaningful change.
Arguably the most important change is an amendment I moved to the District’s collective bargaining law stating that matters pertaining to police discipline are no longer negotiable. The FOP/DC Police Union strenuously objects to this reform, arguing that the right to bargain “helps to ensure that the disciplinary process provides members with their due process rights…”
But in my view, it’s a mistake to bargain police conduct. It’s a major reason police departments across the country are now on the defensive over misconduct. If George Floyd had died at the knee of an MPD officer, Chief Newsham would have been unable to immediately fire the officer – unlike Minneapolis.
Indeed, the disciplinary process in DC is so difficult that too often the Chief is reversed when seeking termination:
- The Chief tried to terminate an officer for raping a college student involved in a DUI accident. The arbitrator overruled the termination, in part because the student had been too intoxicated to recall the events;
- The Chief tried to terminate an officer for, off-duty, shooting someone twice – nearly killing him -- for being too near his truck. The arbitrator agreed that the officer had no police power in Maryland and, moreover, that the victim was not committing a crime, but nonetheless ruled that a 45-day suspension and counseling was the better discipline.
- The Chief tried to terminate an officer last year for assaulting an ex-girlfriend. The arbitrator agreed there was violence but concluded it was merely “conduct unbecoming an officer” and reduced the penalty to 30-day suspension.
- The Chief tried to terminate an officer criminally convicted for purchasing stolen property; the arbitrator decided this was a 90-day violation instead.
There is no place for violent or corrupt officers in our police department.
Recent events in our country have pulled the bandage off the horrible wound of racism and police misconduct. It’s pervasive. Yet police unions don’t get it. Police officers have incredible power: to deprive individuals of their liberty and to use deadly force. We, as a nation, are now forced to confront the fact that over and over this power has been misused, and often with racial bias. It is no longer acceptable that the blue line protects its own from accountability. That process has failed us.
Police work can be very difficult. I think of the South Capitol Street shootings 10 years ago where 9 teenagers were shot in cold blood while huddled in a doorway. Yes, perpetrators can be heartless. But to do their work, police officers have to be above reproach. A person willing to beat his ex-girlfriend is likely willing to beat citizens they encounter in everyday life. An officer with a criminal conviction will never again be a credible witness in someone else’s criminal case.
I’d like to think it’s just a small percentage of cops who abuse their authority. But that’s too many. The national upset reveals that citizens everywhere are tired of bad cops. Especially when it comes to racist policing.
We have a once in a generation opportunity to enact reforms. Taking back the disciplinary process is a big one. No other state has done this, yet. With Tuesday’s bill, and the prohibition on the union bargaining about discipline, the Mayor and Chief have the ability to craft a better disciplinary process where the police aren’t policing themselves.
Restoring public trust and confidence in our police is the only way that law enforcement will work in our society. And the unions – here and elsewhere – that are fighting these reforms, just don’t get it.
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The recent demands to “defund the police” have forced a legitimate conversation over how governments approach public safety.
In recent years the growth in the District’s budget for MPD has been far slower than the growth in other areas. Nonetheless, the Mayor has proposed a $578 million budget for next year.
In 2015, the Council approved the
NEAR Act (D.C. Law 21-125)
as an alternative to traditional policing. Its goal is to utilize a public health approach to violence prevention. Two years ago, the Council also initiated a “Cure the Streets” violence interruption program through the Office of the Attorney General – a similar alternative to traditional policing.
I expect the Council will shift some of the proposed MPD budget to increase funding for the NEAR Act and Cure the Streets. We vote next month.
Still, I have heard complaint that “1/3 to ½ of the city’s budget is going to the police department.” This is incorrect.
The budget for the Metropolitan Police Department is 3% of the District’s gross funds budget. The entire public safety cluster is 9% of the District’s budget. By comparison, the education cluster is 19%, and the human support services cluster constitutes 30% of the District’s budget.
More information about the Mayor's proposed budget can be found
here
and more on the Council's budget schedule at
dccouncilbudget.com
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A Final Comment
What happened to George Floyd in Minnesota is rightly condemned. Not only was he murdered by a police officer sworn to uphold the law, but Minnesota officials have been slow to ensure justice and protect civil rights. It reflects poorly on us as a nation.
But, unfortunately, this was not a one-off.
As yet another incidence of police violence in our nation perpetrated on an African American, Floyd’s murder must also be a wakeup call. Eric Garner in New York City, Michael Brown in Ferguson, Freddie Gray in Baltimore, Ahmaud Arbery in Georgia, Breonna Taylor in Louisville – it’s not hard to come up with a list, and it’s hardly an exhaustive list. America has to confront its history.
James Baldwin wrote: “People are trapped in history and history is trapped in them.”
It is time to change that narrative.
We are blessed to live in a city that celebrates diversity. That has one of the earliest and strongest human rights acts in the country: that discrimination for any reason other than that of individual merit is illegal. And yet discrimination and racism are real. As Baldwin also wrote: “People who shut their eyes to reality simply invite their own destruction.”
Everyone – including me – needs to step up and recognize and confront racism in our society. All races of residents, in all wards.
For my part, I will look for ways the Council can promote the civic discourse necessary to defeat racism and ensure through oversight, that the police abuses we have seen elsewhere will not occur here.
Finally, my response to the President’s divisive tweets is to recall what Robert F. Kennedy said after the assassination of Rev. Dr. Martin Luther King: “What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence and lawlessness, but is love, and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or whether they be black.”
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CHAIRMAN MENDELSON'S STAFF
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The majority of the Chairman's Staff has shifted to telework during this public health emergency. Should you need to contact them, use the following information:
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The Ward 2 Staff remains available for Ward 2 constituent services.
call 202.724.8058.
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