POLICE REFORM COMES TO MARYLAND (PART II)

words by Charles Brooks 

Police reform in America is difficult because police unions, elected officials – Democrat and Republican – along with their largely white constituents seeks to maintain a racial order disguised as “law and order”. Opposition to police reform is seen in the public and political support for blue lives matter, and proposed anti-protest legislation across the nation that will clearly pit police officers on the front line against protesters deemed rioters.  We saw this during the seventies when the activist demand for community control over the police was met with the Law Enforcement Officers Bill of Rights or LEOBOR – such as the one passed by Maryland in 1974. Passed into law at a time when politicians and the police, together basked in the spectacle of “law and order” – which meant, get tough on Black folk.

Jonathan Hutto and Rodney Green outlines the activism against police brutality in Social Movements Against Racist Police Brutality and Department of Justice Intervention in Prince George’s County, Maryland.  They point to 2001 Washington Post data revealing between 1990 and 2000, Prince George’s police shot and killed more citizens per officer than any of the 50 largest city and county law enforcement agencies in the country - 84 % Black. Hutto and Green describes activism against police brutality in Prince Georges County, and the critical emergence of The People’s Coalition for Police Accountability (PCPA).  In 2001, PCPA pressured Maryland state legislators to introduce legislation to repeal LEOBOR in the General Assembly. But opposition from the police union, the Fraternal Order of Police (FOP) eventually killed the proposed repeal measure in committee. The struggle for police reform in Maryland continued relentlessly in the twenty years afterward.

Throughout the Maryland General Assembly’s recent three-month state legislative session, the opposition became clear as several state legislators – Democrats and Republicans, along with the FOP had their own ideas about what police reform should look like. Throughout the combative session, opposing state legislators prioritized protecting police interests over the interests of the community.

Maryland became the latest state to enact extensive police reform measures only after state legislators successfully overrode Governor Hogan’s veto.  In fact, the most contentious measures during the legislative session were in fact, vetoed by the Republican Governor; repeal of the Law Enforcement Officers Bill of Rights (LEOBOR), the new use of force standard and body cameras. He also vetoed measures to expand public access to records in police disciplinary cases and limit the use of no-knock warrants. 

The new police reform legislation creates a new unit in the attorney general's office to investigate police-involved deaths, prevents law enforcement agencies from buying surplus military equipment, and allows Baltimore City voters to self-determine whether Baltimore City or Maryland should have full control of the Baltimore City Police Department.

The new legislation also requires body cameras to be in use by July 2025; limits no-knock warrants to just between 8 am and 7 pm; a new statewide standard will now be in place outlining when officers can use force with criminal penalties of up to 10 years in prison. The use of force must now be “necessary and proportional to prevent an imminent threat of physical injury" or achieve “a legitimate law enforcement objective.”  Police officers will now be required to intervene thus criminalizing those officers who don’t.

There’s also Anton’s Law - that provides the public to finally gain access to records previously fought to keep confidential under the guise of protecting the police. The public will be able to request disciplinary records and internal affairs complaints made against the police. And despite heavy opposition from Maryland’s FOP, complaints determined to be unsubstantiated, will now be available for public review as well.

The new police reform legislation ensures different policing but also brings into view the road ahead for police reform.  For one, legislation to remove police officers from schools and reallocate funding for needed school resources such as social workers failed. Furthermore, LEOBOR fell short on the question of community control.  It’s the Trial boards who are empowered with the final determination on disciplining acts of police misconduct while the boards’ lone public representative is relegated to a spectator – no say in determining an officer’s guilt.   “While the General Assembly repealed the Law Enforcement Officers Bill of Rights (LEOBR), it failed to implement the most important element of police accountability – community oversight. Community oversight means that there is a community-controlled and operated entity that is external to the police department or state-imposed processes that has power to investigate, adjudicate, and impose discipline,” reads in part, a statement from the Maryland Coalition for Justice and Police Accountability (MCJPA). 

To truly transform policing in America, policing must include community control – where the community has a significant role in police matters, particularly around discipline.  Community control has been the demand made by Black activists since the sixties in response to the same police misconduct and brutality that often led to rebellious uprisings. The notion that the police can effectively investigate and discipline police defeats the very purpose of community control.  As the amplified voices of the community become more engaged with the entities of their communities – be it the police, education or healthcare - the path to self-determination, community control and a more inclusive participatory democracy becomes more visible and within reach.

See Part I of POLICE REFORM COMES TO MARYLAND

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Related Reading:

RETREATING FROM POLICE REFORM IN NYC

Are mandatory minimums the answer in Baltimore City

What really happened to Freddy Gray?

Additional Reading:

Social Movements Against Racist Police Brutality and Department of Justice Intervention in Prince George’s County, Maryland

List of articles on Black Community Control from The Black Agenda Report

POLICE REFORM COMES TO MARYLAND (PART I)

words by Charles Brooks

The public display of Floyd’s gruesome death ignited massive protests across the country demanding reduced police budgets along with bans on tear gas, chokeholds, no-knock warrants, and limits on the police use of force. State and local legislators responded to the thousands of demonstrators on the streets with a barrage of their proposals attempting to address police reform.

Since last summer, state legislators in Maryland took notice and followed suit by convening a workgroup  to hammer out legislative proposals to address police reform in Maryland. On the ground, a coalition of 95 organizations – the Maryland Coalition for Justice and Police Accountability (MCJPA) began their grassroot campaign for police reform with demands grounded in racial justice and self-determination. Their demands seek to reverse unaccountable police misconduct with a process more transparent, more democratic and more aligned to the interests of the community, particularly those with Black working-class folk. In fact, three of their demands – if met – can fundamentally transform policing and the lives of Black folk in Maryland.

For one, there’s the demand to fully repeal the Law Enforcement Officers' Bill of Rights (LEOBR); to

bring a “use of force” standard that doesn’t exist in Maryland; and create more transparency to the investigation process around police misconduct that right now, disables the release of vital information.  That’s because the Maryland Public Information Act (MPIA) blocks the release of information relating to police misconduct because they consider complaints part of the “personnel record,” not up for public release. As a result, family members, the community, advocates and activists are left in the dark regarding the progress or even the scope of any investigation.

The Law Enforcement Officers Bill of Rights is problematic because of special entitled rights that are afforded to police officers when they’re investigated for misconduct allegations. This entitlement of rights are fundamental barriers to any semblance of transparency and accountability. Disciplinary records are expunged. Questioning occurs days after the misconduct occurred. Officers investigating officers. We see this time and time again when we learn about an officer’s history of misconduct with little or no disciplinary action taken.  These repeated episodes raise a simple question asked by many – why are they still employed as police officers? LEOBOR is what keeps them employed. The Coalition demands also include reversing control of the Baltimore City Police Department from the state of Maryland to Baltimore City; and removing police officers from public schools.

The data is stacked with evidence highlighting the need for real and meaningful police reform in Maryland. According to the ACLU-Maryland, Maryland now ranks among the least transparent states regarding police misconduct complaints where even conservative states such as Alabama, Arizona and Georgia have a more transparent disciplinary process than Maryland.  Maryland is one of only nine states in the country without a statewide standard around police “use of force”. And finally, Maryland is one of only three states in the country where the Governor approval is needed to parole those serving life and eligible for parole.

In addition, 109 people were killed by police in Maryland between 2010 and 2014, and 87 killed

since 2015.  Since 2014, statistics were no longer available for SWAT deployments. However, available statistics show between 2010 and 2014, police in Maryland conducted more than 8,000 raids. In the last year of data collection, in 2014 – statistics show 71% of SWAT deployments were considered “forcible entry”.  The statistics also disclose the largest number of SWAT teams were deployed in predominately Black populated counties; Baltimore City saw 230 deployments while Prince George’s County had 418.  

An ACLU-Maryland report on misconduct complaints reveals between 2015 and 2019, there were 13,392 complaints filed against 1,826 Baltimore City police officers and 22,884 use of force incidents in Baltimore.  There’s the mandated report on police settlements outlining the 269 claims paying out $2.6 million – that doesn't include the millions paid out in cases involving the Gun Force Task Force and, Freddie Gray. 

Maryland has the highest Black population in the country with more than 70% of Black prisoners. Once incarcerated, Division of Corrections (DOC) prison laborers earn .90 cents to $2.75 per day and between 17 cents and $1.16 an hour at the Maryland Correctional Enterprises earn  Bear in mind that Maryland spends nearly $8 million a year to pay for prisoner labor while their prisoner labor program earned $52 million from the sale of products made from prison labor, ranging from furniture and flags to stationery and license plates.

Back home, the families are left to deal with the lingering and continuing trauma resulting from police brutality. The stories of the families who suffered loss by the hands of the police provides deep insight into not just their trauma but the trauma felt by their friends and extended community as well.  Their story and testimony tells us their grief is real.  Their loss is real. And their trauma is just as real. Loss of sleep. Loss of appetite.  The up and down ride on the emotional rollercoaster that comes with the ups and downs of anxiety, stress and depression.  

This is the backdrop highlighting the need for community control and police reform when Maryland state legislators began their 2021 legislative session back in January. 

Go to POLICE REFORM COMES TO MARYLAND - PART II

Related Reading:

Retreating from Police Reform in NYC

Are mandatory minimums the answer for Baltimore?

What really happened to Freddy Gray?

Please support and visit The Brooks Blackboard's website, our INTEL page of political resources, articles & analysis, and our video library, the OPEN MIND page.

Please LIKE and FOLLOW our Facebook page.

Follow me on Twitter at @_CharlesBrooks   

 

 

President Trump police speech "jokes" about excessive use of force

By CHARLES BROOKS

President Trump has again raised concerns with his tough on crime message when he publicly endorsed the use of police violence.  On July 28^th, the president visited Suffolk County Community College to talk about the federal plans for the MS-13 gang: “…Right now, we have less than 6,000 Enforcement and Removal Officers in ICE.  This is not enough to protect a nation of more than 320 million people.  It's essential that Congress fund another 10,000 ICE officers…” But then the president went on to say: “And when you see these towns and when you see these thugs being thrown into the back of a paddy wagon -- you just see them thrown in, rough -- I said, please don’t be too nice.  Like when you guys put somebody in the car and you're protecting their head, you know, the way you put their hand over?  Like, don’t hit their head and they've just killed somebody -- don't hit their head.  I said, you can take the hand away, okay?”

While the White House dismissed the reckless remarks as a joke, widespread criticism and condemnation has been nevertheless unleashed from both law enforcement and civil liberties groups. Described as “unconscionable”, “irresponsible” and “unprofessional”, the president remarks underline the deep concerns that range from blatant violation of constitutional rights to the negative impact on police-community relations. What is equally disturbing is that in the past his inflammatory comments not only sparked several incidents of physical violence at his campaign events but his election victory triggered a nationwide outbreak of racial attacks.

This latest controversy should serve as a reminder of the 2016 campaign and primary season when Trump would often refer to himself as the law and order president; voiced his support for stop and frisk tactics and federal intervention as a way to deal with the gun violence in Chicago; while delivering his get tough message via social media: “This election is a choice between law, order & safety - or chaos, crime & violence. I will make America safe again for everyone.  Crime is out of control, and rapidly getting worse. Look what is going on in Chicago and our inner cities.”

As part of the presidential transition from Obama to Trump, the

White House website was redesigned to include issues deemed important to the new president such as Standing Up for our Law Enforcement Community. The new president escalated concerns with his appointment of Senator Jeff Sessions as Attorney General. In his opening statement during his confirmation hearings, Sessions declared: “If we are to be more effective in dealing with rising crime, we will have to rely heavily on local law enforcement to lead the way. To do that, they must know that they are supported. If I am so fortunate as to be confirmed as Attorney General, they can be assured that they will have my support. In his six months as Attorney General, we’ve witnessed Sessions announcing his intention to resume the drug war, forfeit property and undo medical marijuana protections.

In addition to Trump’s controversial picks for Attorney General and the Supreme Court, he also signed three “law and order” executive orders that would; create a task force that would propose new legislation to reduce crime by highlighting drug trafficking, illegal immigration and violent crime; increase penalties for crimes committed against officers, and strengthen federal law to combat transnational criminal organizations and prevent international trafficking. 

Discussion Question:

Do you think the president was ‘joking’ when he made the remarks? Do you have any concerns about the possible implications of Trumps remarks? How much confidence do you have in the Congressional Black Caucus to impede the progress of the president’s plan for law and order? What about the larger civil rights/civil liberties community? What do you think is the best way to pressure Congress, and legislators at the state and local level?

Further Reading

Cops, civil rights groups brace for 'law and order' Trump

What the Trump administration wants you know about civil rights and policing