The Davis Police Department has revised its policies on the deployment of undercover officers and will invite citizen input as it seeks an independent investigator to lead the inquiry into a Picnic Day fight between plain-clothed officers and a group of revelers.
City Manager Dirk Brazil announced the changes late Thursday afternoon in the wake of community opposition to the initial hiring of a former Sacramento County sheriff to conduct an internal-affairs probe into the April 22 confrontation.
“While we continue the search to find a qualified outside investigator, there are a few significant steps city staff can take in the meantime related to revising policies/procedures and increased community interaction and involvement,” Brazil said.
The plan calls for Police Chief Darren Pytel to receive assistance from his department’s Community Advisory Board — a panel of citizens who serve as liaisons between the police department and the diverse community groups they represent — in vetting potential investigator candidates.
Pytel also will resurrect a citizens’ group that previously met for over a year to discuss issues of racial profiling and bias, and ultimately led to the creation of an alternative conflict resolution program that allows citizens to directly engage with officers they feel have caused them harm, Brazil said.
Meanwhile, the Police Department has revisited its policies regarding the use of plain-clothed officers and unmarked vehicles.
“A revised policy will expand the circumstances under which police personnel must wear various types of uniforms that make them more readily identifiable as law-enforcement officers,” Brazil said. “The policy further requires vehicles used in plainclothes assignments to be equipped with a forward-facing red light that must be used when the vehicle is used in taking enforcement action.”
Police officials also have issued interim guidelines that restrict the circumstances in which plain-clothed officers take enforcement action or use force — namely, situations in which the officers are protecting themselves or others from imminent injury or harm.
“Finally, the department is also crafting a new policy clarifying the operational circumstances under which undercover officers may be deployed, including identifying factors that must be considered in reaching such decisions,” Brazil said.
The changes stem from fallout earlier this week over the initial hiring of former Sacramento County Sheriff John McGinness to investigate whether plain-clothed officers riding in an unmarked van engaged in misconduct on Picnic Day when they confronted a large group of people who were partially blocking a lane of Russell Boulevard.
A melee erupted that the officers say was initiated by the “hostile” group, while witnesses in the crowd — including three men who were arrested that day — say the officers failed to identify themselves as police and threw the initial punches.
The selection of a onetime sheriff to lead the internal-affairs inquiry drew criticism right from the start from some who questioned whether he’d maintain an unbiased view of the officers’ actions.
Subsequent comments McGinness made last week on his radio show in which he declared that African-Americans “did much better before the Civil Rights Act” prompted City Councilman Will Arnold, who called the remarks “ignorant and insensitive,” to call for his replacement.
All three men who were arrested on assault and battery charges following the fight are African-American. Their alleged actions, along with those of others in the crowd, remain the subject of an ongoing criminal investigation.
McGinness withdrew from the internal investigation on Monday, telling The Enterprise that “if there’s going to be any questions about the integrity or veracity of my investigation, then I want to take myself out of the equation and let things go.”
Others critical of McGinness’ role and police conduct in general took their concerns to City Hall, where more than two dozen people spoke at Tuesday’s council meeting about the need for an impartial investigator and a civilian oversight component to Police Department operations.
Meanwhile, Davis Mayor Robb Davis issued a statement this week outlining a list of expectations he developed regarding the investigation:
* That a full, independent and impartial investigation of the events by an investigator who is beholden to no one, who understands police tactics and procedures, and who can use that knowledge and good investigative technique to critically analyze what happened on that day, will take place.
* That the investigation will yield specific key learning points, specific recommendations for change and correction, and options for further training.
*That Chief Pytel will provide a list of specific and actionable responses to the investigative report (as allowed by law).
* A better understanding of policing policies and practices and, in particular in what circumstances plainclothes officers and unmarked vehicles are and are not appropriate tools to maintain public safety.
* Clarity in what ways the training in de-escalation techniques that all our police officers participate in were used or not used in this event and what that means for future training.
* To engage with UC Davis leadership in a deeper analysis of the challenges of policing on Picnic Day.
* To engage with my colleagues and staff on an analysis of whether our current policies and practices related to dealing with the large Picnic Day crowds continue to serve us or whether we need to take other measures to limit large gatherings that have caused problems even for those hosting parties.
* That Chief Pytel will work with the Phoenix Coalition and our talented community facilitators to hold community meetings to allow members of the community to share concerns, ideas and a vision for future policing efforts.
* That the City Council will continue its discussion and make a decision on the next phase of civilian oversight of the police that includes a continuation of a police ombudsman and some form of Council subcommittee with citizen members to hear community concerns about policing and recommend options to improve it.
* That our current, departing ombudsman will be replaced in a timely way and whoever is in place will review the report when it is issued.
* That, in due course, all those harmed in this event will come together in a carefully planned and facilitated meeting so they can describe the harms they experienced, ask questions of those who harmed them, and seek, together a way forward to make the harms “as right as possible,” so relationships can be restored and justice accomplished.
— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene