Students’ status as complainants unknown under new ordinance
A new ordinance limits who can file a complaint with the Citizens Police Review Board.
Published Aug. 27, 2010
The Columbia City Council passed an ordinance limiting who can file a complaint with the Citizens Police Review Board to victims of alleged police misconduct; a friend, family member or attorney of a victim; an eyewitness of alleged police misconduct; or a Boone County resident. The ordinance was passed at the council’s Aug. 16 meeting.
CPRB was founded to provide independent review of alleged police misconduct according to a statement on the city’s website. The board’s first complaint came from California resident and marijuana activist Ed Rosenthal regarding a controversial February SWAT raid in which only a misdemeanor amount of marijuana was found and officers shot and killed a dog.
Rosenthal alleged the Columbia Police Department used excessive force in the raid and called for a psychological review to determine if the officers had post-traumatic stress disorder. His complaint was heard at the Aug. 4 CPRB meeting. The board debated whether or not Rosenthal had standing, or the right to file a complaint with the board, and voted that Burton’s actions were correct and the officers involved in the raid followed CPD policy. It did not allow public comment, from Rosenthal or others, before making its decision.
“I went to a police review board meeting, and they spent half an hour trying to determine what ‘standing’ meant,” Third Ward Councilman Gary Kespohl said.
Rosenthal had no vested interest in the incident he filed the complaint about, Kespohl, who proposed the ordinance, said. He said he did so because he wanted to prevent the board from wasting time addressing similar complaints in the future.
“He had no standing in the incident at all,” Kespohl said. “He just filed a complaint because he could.”
Rosenthal said he has a right to complain and an interest in the outcome.
"When one American's rights are threatened by the government, everyone's is,” Rosenthal said. “It doesn't matter if you're right next to them."
Founding member of Keep Columbia Free and CoMoCitizens member Mark Flakne said the ordinance was a hasty reaction to Rosenthal’s complaint. He also said he did not expect people outside Boone County to file very many complaints with the board, with the exception of the high-profile raid Rosenthal addressed.
“I think the council was premature and reactionary in amending this ordinance,” Flakne said.
The language of the ordinance does not specify whether MU students who reside outside Boone County when class is not in session would be considered county residents. Kespohl and Second Ward Councilman Jason Thornhill both said they were not sure how the board would choose to classify college students.
Thornhill said he thinks students, even as temporary residents of the city, still have a vested interest in the outcomes of CPRB meetings and said he would like to see students be allowed to participate in the process.
“I would like to think they would be included,” Thornhill said.
Determinations of who is eligible under the new ordinance will be up to the board, Thornhill said. Review Board Chairwoman Ellen LoCurto-Martinez did not return calls requesting an interview regarding the ordinance.