In the

previous legislative session, the St. Louis Police Officers

Association for the first time supported a bill that would have

returned governance of the St. Louis Metropolitan Police Department

to city government, as opposed to the current Board of Police

Commissioners appointed by the governor. The POA was motivated, in

part, by fear – fear of a ballot initiative funded by Rex

Sinquefield that presumably would be less subject to the

association’s political influence than the standard legislative

process.

“font-size: 9.0pt; font-family: Verdana;”>The local control bill

failed, and the POA’s fears were ungrounded. The local control

statutory amendment being pursued by Sinquefield through a ballot

initiative for the November 2012 ballot clearly has been tailored

to the POA’s concerns. Many of these provisions in the detailed

5,000 word-plus amendment are commendable, such as protections of

current employees and police pensions during the transition to

local control.

“font-size: 9.0pt; font-family: Verdana;”>However, the amendment

contains two unacceptable provisions that are not included in the

ballot language of less than 150 words. These provisions, and the

fact that they are not summarized for voters, are the subject of a

law suit filed this week by the American Civil Liberties Union of

Eastern Missouri with which we wholly agree.

“font-size: 9.0pt; font-family: Verdana;”>The amendment grants

“

“EN” xml:lang=”EN”>exclusive authority over [police] disciplinary

process and procedures” to the civil service commission, which

would render unconstitutional a proposed Civilian Review Board of

the police that has long been pursued by the ACLU, this newspaper

and community activists. It also provides that police “records

prepared for disciplinary purposes shall be confidential, closed

records available solely to the civil service commission and those

who possess authority to conduct investigations.” Given the nature

of police work and the local police department’s poor record for

policing itself, particularly regarding use of deadly force, it is

unacceptable that any such records be rendered “confidential” and

“closed” by ballot amendment – particularly when this provision, of

such vital public interest, is not summarized for the voters making

a decision on this matter.

“font-size: 9.0pt; font-family: Verdana;”>“We’ve always been

proponents of having St. Louis control its own police department,”

says ACLU-EM Executive Director Brenda Jones, “but we shouldn’t

have to sacrifice open records, open government, or independent

civilian review of police to get it. That’s what this initiative

will do if it passes, and the summary does not make that clear to

voters.”

lang=”EN” xml:lang=”EN”>We wholly agree. The Missouri Secretary of

State should not have accepted this ballot amendment as written,

and certainly the stipulated sealing of public records should have

been summarized in the ballot language once the amendment was

accepted.

“font-size: 9.0pt; font-family: Verdana;”>“We have fought for years

to insure that St. Louis police abide by the Missouri Supreme Court

decision that investigative reports are open records if they stem

from allegations of criminal conduct. The ballot initiative would

allow local police to avoid significant portions of that decision,”

said ACLU-EM Legal Director Tony Rothert. The amendment is, for

this reason, unacceptable. We urge the court to serve taxpayers’

interests where the Secretary of State failed them on this

initiative. This amendment should not go before voters – and

certainly not as currently summarized.

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