County OKs police review board

Adrienne Packer

Wednesday, April 7, 1999 | 11:11 a.m.

Each case of police brutality sends a ripple of uneasiness across the nation, leading many citizens to be weary of law enforcement officers rather than welcoming them.

Clark County commissioners took an unprecedented step toward quieting that skepticism Tuesday when they approved an ordinance that sets forth guidelines for a Metro Police review board.

The 25-member citizens panel will investigate complaints of police misconduct when the department's Internal Affairs Bureau findings do not satisfy the complainant.

"Anyone aware of what's happened in the last months or even years knows this is desperately needed," said Gary Peck, executive director of the American Civil Liberties Union of Nevada.

An advisory committee spent months drafting the ordinance, and two public hearings were held to flush out differences and make compromises. Tuesday after even more debate, two significant changes were made to the final law.

The ordinance always had banned current and former Metro officers from the review panel, but it allowed relatives of retired police. That was modified to prohibit former Metro officers' family members from serving on the panel.

At Commissioner Mary Kincaid's request, the board made up for taking Metro relatives off the eligibility list by easing restrictions on the number of officers allowed from other departments.

The review board, which will split into panels of five for hearings, can consist of no more than five former police officers -- up from three. Only one officer can sit on each panel.

The debate over whether police officers should have any role on the review board dominated much of Tuesday's discussion.

Those who supported police officers on the review board insisted people have a right to be judged by their peers.

"I lived under (a police review board) when I was a police officer, and I survived it," said Peter Trimboli, a former officer with the New York Police Department. "I urge you to put on police officers from wherever because they've been there and done that and have more insight than John Q. Public."

Residents who lost their argument to keep police off the panel, said the officers' presence will strip the board of its independence.

Gene Collins, the newly elected president of the National Association for the Advancement of Colored People, scoffed at the notion that former New York police officers were lobbying the commission to allow officers on the board.

New York police have been the focus of the most recent attacks on citizens. Its officers have been indicted for violating a man with a plunger and shooting 41 times and killing an unarmed man.

"The reason we are here is because of police; this didn't just come up," Collins said.

Peck, who initially was disappointed that police officers could serve on the board, said Tuesday he is satisfied with the ordinance because the provision related to Metro officers' family members was modified.

"While I recognize the ordinance is not likely to be seen as perfect from anyone's perspective, I believe it represents a historic step forward that will enable us to begin to build bridges between the police department and those segments of our community that, for whatever reasons, currently distrust police," he said.

Review board members will be appointed by Metro's Fiscal Affairs Committee, which is made up of representatives from Las Vegas and Clark County.

The board will have a screening panel that can toss out frivolous complaints and pass along those with merit. During its investigation, which can only take place after the Internal Affairs probe, the review board has the authority to access an officer's personnel record and subpoena witnesses.

When it reaches a verdict, the panel cannot directly discipline an officer; it can simply pass its recommendation on to Sheriff Jerry Keller.

Metro representatives had concerns about officers' records being opened, but Dan Holley, vice president of the Las Vegas Police Protective Association, told commissioners the union supports the bill.

"There is no such thing as perfect," Holly said of the ordinance. "The policemen of this police department are going to live with the ordinance that comes forth. We're committed to do that."

The review board ordinance still must be approved by the Las Vegas City Council before it goes into effect.

Federal Public Defender Franny Forsman, who lead the citizens advisory committee, said she is confident the City Council will approve the ordinance and that the review board will be effective.