Las Vegas Sun

May 3, 2024

Panel eyes Metro’s influence on review board

Exactly what role Metro Police will have once a board is formed to review police misconduct was discussed at the fourth meeting of an advisory committee that's hammering out language for a local ordinance.

The advisory committee, which met at the Clark County Government Center, began working Wednesday night on the actual language in the ordinance that will direct the board in its review process.

Included in the language is Metro's role in that process, once the board is formed.

The advisory panel is working from a draft of an ordinance written by Deputy District Attorney Mitch Cohen. Included in the draft ordinance is a clause that Metro officials could request that a board member be disqualified from hearing a particular case "for personal bias."

With the current language, Franny Forsman, chairwoman of the advisory committee, said, "It looks like the department (Metro) has the ability to make a motion to disqualify a board member in any instance."

Gary Peck, executive director of the Nevada American Civil Liberties Union who sits on the panel, said he wants Metro to stay out of the review process.

"I want to be absolutely certain that the language is clear that the department not become implicated in the business of this board," he said. "I think remaining independent of the police department is imperative if this is to be an unbiased and effective board."

But Metro Undersheriff Richard Winget, who also sits on the advisory panel, said giving the department an opportunity to say someone may be biased makes sense.

"Challenging (a board member) is simply a suggestion," he said.

Forsman noted that not allowing Metro to challenge a board member could give Metro an excuse to ignore the review board's recommendations.

"Then the department could say, 'So-and-so was on the review panel, so we're going to reject the decision.' We should let (Metro) object in advance," she said.

To solve the problem, the members decided to include language in the final draft that would limit Metro's role.

Also, the committee decided to include a provision in the ordinance that gives the review board access to any and all documents deemed relevant to a case by the review board without prescreening by Metro.

One vote on the final ordinance will be made once the drafted ordinance is completed, Forsman noted. The panel is expected to meet several times more to revise the ordinance.

During the 1997 Legislature, a statute was passed that allows a police review board to be formed. The committee, formed in December, is drafting an ordinance that would set the review board in motion.

The completed ordinance will be forwarded to city and county officials. If approved, the City Council would appoint 12 citizens and the County Commission would appoint 13 to the new board. The city and county share the responsibility for funding Metro.

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