Equal rights for all - Oppose HB 928 because Law Enforcement Officers need good pay - not extra rights

 

House Committee on Crime Prevention and Public Safety 

Hearing Room 6

HB 928                                                                                                                                    

April 15, 2019

Dear Honorable Committee Members,

The NAACP - Missouri State Conference works to preserve and strengthen constitutional liberties for all with an end of justice and equality for all.  The NAACP Travel Advisory was imposed because the actions of some government officials in Missouri were not ethical or transparent. Law enforcement officers, charged with protecting our society and empowered to take lethal actions, must not be an exception. Law enforcement officers, like all other residents of the U.S. are protected under the Constitution. Creating special procedures as listed in HB 928 does nothing to ensure police accountability. 

In particular, Section 3.2 will severely limit the willingness of the public to hold officers accountable. This section reads  that “Anyone filing a complaint against a law enforcement officer shall have the complaint supported by a sworn affidavit. Any complaint having been supported by a  sworn affidavit and having been found to contain knowingly false material information,  in total or in part, shall be presented to the appropriate prosecuting attorney or circuit attorney for a determination of prosecution…” Already, we know that members of the public are disinclined to bring a complaint against law enforcement, sometimes fearing retribution other times deeply concerned that nothing will come of such a complaint. I mentioned this in a recent article in the Jefferson City News Tribune just last week.  If we erect further barriers to participation, including the threat of prosecution, we do ourselves an investigative disservice. If we as a society are committed to justice, we must investigate allegations of wrongdoing. If we as a society are committed to a safe work environment for law enforcement, we should take steps to encourage robust police-community relationships. This is not one of those steps. 

HB 928 will not address the harm done by racial profiling nor facilitate a process for reform. There are meaningful steps we could and should take to reform law enforcement in Missouri:

-We should offer more deescalation training, we should make sure our policing is data-informed and stop patterns of racial profiling. 

-We should also know how many complaints are currently filed, how many are verified, how many lead to disciplinary action, and what the process of resolution process is for each department before we mandate a revision. 

All citizens deserve Constitutional protections, but none above others when it comes to ensuring the integrity of our Democracy.  Law enforcement officers, if accused of a crime, have the same due process rights as all of us:  rights to an attorney and the ability to mount their own defense. Upholding the Constitution means upholding the principles of equality not requesting carve outs to protect one group of people from the community they serve. 

Sincerely,

Nimrod Chapel, Jr.

President of the Missouri State Conference of the NAACP