Formal Recommendations for Police Oversight Commission Will be Presented to Council Today

East Lansing’s specially-appointed Study Committee on an Independent Police Oversight Commission met for the final time on Monday, May 24, to plan for the team’s presentation to the East Lansing City Council today, June 8. This evening, shortly after 7 p.m., Council will receive the report of the committee’s findings along with its recommendations for a new City ordinance to create a permanent oversight body. 

Based on feedback from East Lansing residents, study of policing methods and approaches from across the U.S., analysis of local and national policing statistics, and presentations from the East Lansing Police Department and the Ingham County Prosecutor’s Office, the study committee found that formalized police oversight by citizens is an imperative for this city.

If adopted as recommended by the Study Committee, the new Oversight Commission would “give priority to addressing racial inequalities” and “enable members of the community to participate in reviewing and making recommendations about police department policies, practices, and procedures, and it will provide means for prompt, impartial, and fair review of complaints brought by individuals against police officers or the police department.”

The commission, if created as suggested by the committee’s report, would include 11 members, each serving 3-year terms. These members would “reflect the City’s diverse population” in terms of race, age, gender, disability, sexual orientation, to name just a few categories of diversity that could be considered in appointments. The committee recommends that prior criminal convictions and non-East Lansing residency status not preclude people from serving on the commission.

Some committee members remain concerned about the City’s transparency and accountability when it comes to the ELPD.

From the outset, the Study Committee has focused on public perceptions of policing in East Lansing, the accountability and transparency of the police force, and racial equity. These issues remained at the forefront of work conducted during the committee’s last few sessions. 

Despite assurances of transparency from City Manager George Lahanas and ELPD, both public feedback and comments from Study Committee members demonstrate a continued sense of mistrust in how the City holds itself accountable to the public.

Last fall, inconsistencies with how the ELPD shared data with the public were discussed at several Study Committee meetings, and were echoed in a presentation from Liz Miller, Vice Chair of the Human Rights’ Commission. More recently, concerns have been raised over the City’s selective sharing of the data gathered from the EPIC-MRA survey of citizens’ attitudes towards local policing. That survey that turned out to include many fewer self-identified African Americans than Council was led to believe. 

A perceived lack of adequate transparency has affected the discussions about what to put in the final report, especially in terms of how the Oversight Commission can gain enough information from the City to conduct fruitful investigations of complaints against the police.

The limits of FOIA and oversight power

Much of the conversation around transparency has focused on the use of the Freedom of Information Act (FOIA) and whether or not the Oversight Commission should have to rely on it to get information.

“The City Council has the power to ask questions and get answers from any member of the City government, so that’s the mantle that would be given to the Commission. The City Council doesn’t use FOIA to get information out of the police department,” suggested Study Committee member Erick Williams at the April 26 meeting. 

Williams and Study Committee member Kathy Boyle – both of whom are attorneys – pointed out the inherent difficulties of the Commission obtaining information via FOIA. 

“If the Commission appeals to the City Council and they say, ‘No, we will not provide you with that information,’ I don’t think the Commission is in any position to file a FOIA request,” said Boyle. She added, “If there’s a dispute, and Council rules against the Commission, so be it. I think that’s going to be the end of the line in getting the information.”

“That concerns me as a citizen,” said Kelli Ellsworth Etchison, in response to Boyle’s comment. “Then how is this body positioned to help the community?”

“We can’t expect the City to hire an attorney and sue itself over a FOIA dispute,” responded Boyle. “I think we have to have some faith that we’re going to get the information we want.”

Discussions of how the City would share information with the Oversight Commission continued at the May 10 meeting, with some remaining skeptical about the City’s willingness to abide by the proposed ordinance.

“We can’t just make assumptions that we’ll get whatever we ask for,” Ellsworth Etchison said. 

City Manager Lahanas, however, was confident that the City would provide what is wanted. 

“If we’re directed by Council through an ordinance to provide information, ourselves or the police department will provide that information,” Lahanas told the committee. “There’s no doubt in my mind about that.”

Lahanas told the Study Committee, when discussion of this issue persisted to their final meeting on May 24, that the City of East Lansing receives an estimated 200-300 FOIA requests each year. He said that he was “comfortable” with the City’s response regarding fulfilling these requests. 

But when Study Committee member Cedrick Heraux reiterated transparency concerns from the community on FOIA, he commented that perceptions were that the City does the “bare minimum.” Heraux added, “And that is not what is meant by transparency.”

Lahanas refuted this, saying, “I disagree with the assessment that the City does the bare minimum regarding FOIA.” He went on to add: “Just because someone said they didn’t get what they want, the exact way they want it, doesn’t mean the City is not transparent.” 

Should Council accept the ordinance as recommended?

In a Facebook post on June 3, former East Lansing mayor Mark Meadows congratulated the Study Committee members on their work, and offered his views on the proposed ordinance. Meadows, who defended the police before resigning last year, said that he favored “less=more in the arena of ordinance and statute writing,” and that he believed this ordinance in particular could be “slimmed down.”

Meadows then referred specifically to Section 24 of the proposed ordinance, titled “Cooperation,” which outlines the ability for the Oversight Commission to have “the full force and authority of the City Council under section 4.9 of the East Lansing City Charter to conduct an investigation within the Commission’s scope.”

Meadows opined that though the argument that the City Council can delegate investigatory power was a “valiant” effort, it does not follow what is laid out in the City Charter. He added, “If the future Commission is confronted with an issue requiring an investigation of the police department and the taking of testimony under oath, as contemplated by the Charter provision, I cannot imagine that any Council would fail to conduct the investigation.”

But some Study Committee members, it seems, can imagine such a scenario where Council fails to investigate appropriately. 

Meadows’ remarks suggest there may yet be wrangling over how to manage concerns about transparency and accountability as the formation of a permanent independent police oversight commission goes forward.

The Study Committee’s final report and recommendations that will be presented on June 8 to Council can be found here. To weigh in on this matter, write to City Council at council@cityofeastlansing.com or call in according to the instructions found at the top of the June 8 agenda.  

Council is planning to discuss the matter further at its meeting on June 15.