Sunday, May 7, 2023

IOLERO Audit Uncovers Incomplete Investigations in Sonoma County Sheriff's Office.

"21st Century Policing Task Force Report."
Pete Souza, March 2, 2015.
In a recent Press Democrat article, Emma Murphy and Colin Atagi discuss an audit conducted by Sonoma County's Independent Office of Law Enforcement Review and Outreach (IOLERO). The audit revealed that out of 36 internal investigations into disciplinary cases within the Sheriff's Office over the past six years, half were incomplete. Four cases specifically involved policy violations that received inadequate punishments. As a civilian-led oversight agency, IOLERO's role is to audit the Sheriff's Office's internal investigations and recommend policy changes and disciplinary actions when necessary.

The report highlighted cases involving excessive use of force by deputies, inappropriate relationships with confidential informants, and inaccurate information transmitted by dispatchers. The most severe case concerned a deputy's excessive use of force in 2020, which IOLERO concluded should have resulted in termination. Other cases involved a deputy with an inappropriate relationship with a confidential informant, a county jail correctional deputy's excessive use of force against an inmate, and a dispatcher who created an entry implying a husband involved in a domestic violence incident was violent without factual basis.

Sonoma County Sheriff Eddie Engram attributed the high number of incomplete investigations to differing definitions of "complete investigations" between the Sheriff's Office and IOLERO. He expressed confidence that the ratio of incomplete reports would decrease in the next annual report, as he and IOLERO Director John Alden have begun discussing how to define a complete investigation.

The report coincides with Alden and Engram's pledge to improve their shared work, marking a major step forward for IOLERO and the Sheriff's Office, following a historically combative relationship between the two organizations. IOLERO's report also marked a significant milestone, as the agency has cleared its backlog of investigations, allowing the six-member office to carry out its key responsibility of auditing the Sheriff's Office internal investigations more quickly.

From the perspective of school board trustees, I feel that these recent findings could be concerning when evaluating proposals for school resource officers (SROs) in Sonoma County. As trustees are responsible for ensuring the safety and well-being of students, staff, and the school community, the quality and effectiveness of any potential program must be carefully assessed in light of these revelations. The report highlights the need for improved transparency, communication, and accountability within the Sheriff's Office, which directly impacts the SRO program and the level of trust that school board members and the community at large can place in it for those jurisdictions that contract with the Sheriff's Office for services.

To make informed decisions, school board trustees should closely monitor the progress made by the Sheriff's Office and IOLERO in defining and implementing complete investigations and addressing policy violations. It is essential that the collaboration between law enforcement agencies and IOLERO results in proper training, guidance, and oversight, while also addressing concerns raised by parents, students, and the broader community. Additionally, trustees should continue to consider alternative methods of providing safety and support to schools, such as implementing mental health programs, restorative justice practices, or peer mediation initiatives. By actively engaging in discussions and decision-making processes, school board trustees can better evaluate the overall safety and well-being of Sonoma County schools.

Saturday, May 6, 2023

Protecting Communities: Addressing Toxic Chemical Releases.

ExxonMobil's Baytown, Texas Refinery.
© 2008 Baytownbert.

In an article by Eric Lipton in today's New York Times, the Biden administration's efforts to curb health threats caused by toxic chemicals from petrochemical plants are discussed. As the debate surrounding these health threats intensifies, families living near petrochemical plants, like the López family in Deer Park, Texas, are directly affected. The Biden administration is aiming to impose restrictions on toxic air releases and ban or restrict some of the most hazardous chemicals. However, companies are pressuring the administration to loosen some of the rules, fearing economic repercussions.

Toxic chemical releases are happening regularly in the Deer Park area, sometimes without notification to residents. The Environmental Protection Agency (EPA) is cracking down on carcinogens released by plants such as the OxyVinyls plastics manufacturing plant across the highway from the López family. Over the past two years, records show the release of numerous toxic chemicals in the area, including some the Biden administration is preparing to impose new restrictions on.

As I reviewed this article, I recalled the German legal principle of "Vorsorgeprinzip," or the precautionary principle, that analytically should play a significant role in addressing the issues surrounding toxic chemical releases. This doctrine emphasizes the importance of taking preventive measures when an action or policy has the potential to cause harm to the public or the environment, even when scientific evidence is incomplete or inconclusive. If the Vorsorgeprinzip were applied to these chemical plants, it would require proactive action to minimize potential health risks and environmental damage.

In light of the precautionary principle, the EPA's proposed policies, that aim to remove a loophole that allows toxic chemical discharges during bad storms, plant malfunctions, or start-ups and shutdowns, are clearly warranted. The EPA also plans to require many chemical plants to monitor air at their fence lines for six key toxics to ensure compliance with the rules. By taking a more preventive approach, these policies aim to protect residents like those in Deer Park from potential harm.

Recent studies have shown that about 100,000 people living within six miles of chemical plants, mostly in Texas and Louisiana, have an elevated risk of cancer. In Houston, a separate study found elevated levels of formaldehyde, which can increase the risk of developing cancer if the levels persist. Another study found a 56% increased risk of acute lymphocytic leukemia among children living within two miles of the Houston Ship Channel compared to those living at least 10 miles away. Under the Vorsorgeprinzip, these findings warrant immediate and decisive action to reduce the risks posed by these plants.

Implementing the precautionary principle in addressing the issues surrounding petrochemical plants would lead to more stringent regulations and proactive measures to protect public health and the environment. While this approach may result in higher costs for the industry, it prioritizes the well-being of communities like the López family and others living near these facilities.