Bill Seeks to Give DNA Collection Powers Back to Police

As reported by the Sacramento Bee:

Police officers would regain powers to collect DNA that a voter-approved initiative stripped away under legislation announced Thursday by Assemblyman Jim Cooper, D-Elk Grove, with the backing of district attorneys and lawmakers from both parties.

“Forensic DNA is the greatest tool ever given to law enforcement to find the guilty and to exonerate the innocent,” Sacramento District Attorney Anne Marie Schubert said at an event announcing Assembly Bill 390.

In overwhelmingly approving Proposition 47 in November, Californians endorsed more lenient sentences for crimes like theft and drug possession, reducing them from felonies to misdemeanors. That reduced the reach of a program allowing officers to take the genetic information of suspects arrested for felonies. The Department of Justice estimates Proposition 47 has already diminished the rate of DNA collection by 10 to 20 percent. …

 

Police Face New Rules When Seizing Money From Drug Suspects

As reported by the Orange County Register:

Local police are scrambling to fill the financial hole left in their drug-fighting resources by U.S. Attorney General Eric Holder’s decision to stop allowing them to take cash and property from suspected dealers without warrants or convictions.

Holder’s decision is limited to federal asset forfeiture rules. And for regional task forces that include federal agents – such as the Orange County Regional Narcotics Suppression Program – there may be no change. Local police departments increasingly might use state forfeiture programs that offer more protection for defendants.

Holder said in his announcement last week he was attempting to safeguard civil liberties. …

Read the full story here

What’s the Real Reason for Police Understaffing in San Diego?

Whenever there is a shortage of police personnel in a California city, a common reason cited is inadequate pay. When officers at a particular agency are paid less than their counterparts at some other agency, so the theory goes, they quit in order to start working where they can make more. This seems to be sound logic. But is it supported by facts? According to a new study “Analysis of the Reasons for San Diego Police Department Employee Departures,” released last week by the California Policy Center, the answer to that question is a resounding “no.” Authored by Robert Fellner, research director for the Transparent California project, the study’s findings contradicted the conventional wisdom. They were:

  • Claims that SDPD officers were leaving to join other departments misrepresented the data on attrition, by focusing on the 10% who left to join other departments, instead of the 60% who retired.
  • These claims also misrepresented the overall data regarding staffing and recruitment, focusing on approximately 20 people leaving in a department of nearly 1,800 while ignoring the fact that there were 3,000 applicants for open 25 positions.
  • In support of these claims, a misleading study, funded by the city of San Diego, only analyzed base pay, the only category of pay San Diego didn’t boost in their 2014 pay raises for the SDPD.
  • This same study compared San Diego to one of the most expensive cities in the world – San Francisco and other totally different markets, instead of comparing SDPD pay to rates of pay in neighboring cities.

One thing that is not in serious debate is the fact that the San Diego Police Department is understaffed, like many other police departments in California. But the reason they are understaffed is a result of poor recruitment efforts. Fellner writes:

“The City’s ability to recruit new candidates would be seriously compromised when budget decisions in FY 2009 and FY 2010 resulted in the City cutting its quarterly academy class sizes from 50 to 25. In FY 2011 the City cancelled all but one academy class, a decision that ‘resulted in a lost opportunity to add approximately 57 additional recruits.’ And what did happen after the hiring freeze of 2011 ended? The SDPD received over 3,000 applicants for just 25 positions in its first academy class of 2012, according to 10News. This is symptomatic of a larger trend – a tremendous, unmet demand to work in law enforcement in the San Diego area. For example, the following year the nearby San Diego County Sheriff’s Department received over 4,000 applicants for their 275 deputy positions.”

There is no shortage of people who want to work in law enforcement in San Diego. Surely a few hundred of these many thousands of applicants are qualified to do the work.

While the facts don’t support the assertion that San Diego is losing police officers to other departments, the facts do support an alarming loss of officers to retirement, a problem that is getting worse. But if recruitment isn’t a problem, what difference does it make if officers retire in great numbers? The problem is the cost for these retirements take away funds that could be used to pay for more police academy classes, and more active officers on the force. To fund an adequately staffed police force, San Diego could have reduced retirement formulas to the levels they were back in the 1990’s – i.e., reducing them back to levels that are fair and financially sustainable. Instead, to induce veteran officers to delay retiring, San Diego joined several other California cities in implementing “DROP,” which stands for “Deferred Retirement Option Program.”

In general, the way DROP works is this:  A retirement eligible employee agrees to freeze their retirement benefit accrual and continue to work, usually for five more years. Then, while they continue to work for the city and get paid as an active employee, the pension they would be earning if they had retired is paid into an interest bearing account. When they retire, the entire amount accrued in that pension account is paid to them in a lump sum, and from then on they begin to directly collect their pension.

Take a look at Transparent California’s listing of San Diego’s pension payouts in 2013. Nearly all of the top pensions are police and fire personnel who received massive lump sum payments under the DROP program. This is a scandalous waste of money. The primary reason SDPD officers leave their department is to retire. So instead of investing in recruitment efforts to replace retirees, the San Diego implemented the DROP program, at staggering expense, to retain veterans a little longer.

As always, the power behind these distortions of logic and perversions of policy are the government unions. Unlike the police officers themselves, who almost invariably want to serve their communities and make a positive difference in people’s lives, government unions thrive on fomenting resentment and alienation. The more anger they can manipulate their members into feeling, the more righteous indignation those members will bring to city council meetings, and the more dues they will willingly pay to purchase candidates for local office. Ultimately, what government unions thrive on is the failure of government, because the worse things get, the more money they will demand to fix the problems.

Inadequate pay is not the reason SDPD has a staffing shortage. Excessive pensions, the staggering expense of DROP, and a failure to fund recruitment efforts are the reasons why. The unions would have you think otherwise.

Ed Ring is the executive director of the California Policy Center.

Conservatives, Police Unions, and the Future of Law Enforcement

Conservatives in America are at a crossroads. They face a choice between greater freedom or greater security. While striking this delicate balance has required ongoing policy choices throughout history, recent events involving law enforcement have brought these choices into sharp focus. Here’s how Patrik Johnson, writing last month in the Christian Science Monitor, described the choice:

“Police forces nationwide are being pulled between two opposite trends: more empathetic, community policing and an increasingly militarized response to crises.”

How conservatives, on balance, weigh in on this choice has far reaching consequences. On one hand, conservatives can support suggested reforms that embrace the value of empathy, minimize violence, alleviate tensions, and pave the way for 21st century policing appropriate to a free republic. Here is a key reform advocated by the protesters in Ferguson, Missouri, in reaction to the tensions in that city following a police shooting:

“A comprehensive review by the Department of Justice into systematic abuses by police departments and the development of specific use of force standards and accompanying recommendations for police training, community involvement and oversight strategies and standards for independent investigatory/disciplinary mechanisms when excessive force is used.”

Conservatives may scoff at some of the other demands – such as guaranteed “full employment for our people,” which, for starters, goes well beyond police reform. But conservatives better think twice before deciding there is no merit to any of the concerns of activist groups who have been animated, across the nation, by alleged excessive use of force by police.

Because there is a dark, shamefully pragmatic alternative course for conservatives. They can choose to fan the flames of racial animosity and fear, secure in believing that excessive force may never touch their communities. But excessive use of force by police is not primarily a racial issue. Ask the families of Kelly Thomas, or David Silva, or Kevin Hughey, or hundreds of others.

The issue, bigger than race, is this: Are we going to evolve into a nation where police are trained to use nonlethal force, trained to practice “empathic, community policing,” or not? And are we going to be a nation where police are held accountable if they cross the line, or not?

Which brings us to the fact that most law enforcement agencies in the United States today are unionized. These unions are politically active, and they tend to lean conservative in their political contributions. The practical choice conservatives face is stark: Do they want to take money from police unions not just in exchange for ignoring the serious financial challenges caused by their excessive pension benefits, but also in exchange for ignoring calls to better regulate use of excessive force?

Challenging the agenda of police unions will not only cost politicians their financial support. In some cases it can even earn their active retaliation. A troubling article by Lucy Caldwell, in a National Review article entitled “Police Unions Behaving Badly,” documents how a local politician in California was harassed after standing up to them in contract negotiations. And as Caldwell notes, “police unions are able to operate with absolutely no transparency because they are classified as private entities not subject to public-records laws.”

There are many reasons government unions, especially law enforcement unions, are problematic in a democracy. But when the teachers union in California went on record deploring the education reforms upheld in the Vergara decision – everyone, liberals and conservatives alike, saw them for who they are – a lobbying group that is more concerned about protecting bad teachers than they are about educating children.

Members of law enforcement themselves, perhaps even more than teachers, ought to be, and usually are, highly motivated to make a contribution to society. They have a strong sense of right and wrong, and justifiably feel there is a moral worth to the jobs they do and the profession they’ve chosen. So why are they letting their unions fight reforms that will weed out bad cops, and implement training and oversight programs that will result in fewer lives lost and lowered tensions in the communities they serve?

Conservatives can seize this opportunity to find the strength of their most enlightened convictions. They can join with liberals to reform and evolve law enforcement in the U.S. And in so doing they can help liberals to see how the agenda of government unions is in inherent conflict with the public interest – in law enforcement as well as in education. And they can start to work towards broader reforms as part of a powerful new coalition.

Alternatively, conservatives can revert to an ugly, divisive, racially tinged, belligerent message, endorsing security at any cost. They may reap short term political and financial gains from such a strategy. But they will further divide this nation, and in the long run, discredit themselves irrevocably.

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Ed Ring is the executive director of the California Policy Center.

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