Members of the Santa Monica Public Safety Reform and Oversight Commission (PSROC) have accused the union representing local police officers of trying to suppress a report on racial profiling and traffic stops in the city.
Commissioner Angela Scott opened a recent discussion by stating that she was informed by "reliable sources" that the Santa Monica Police Officers Association (POA) was attempting to block commission’s Racial and Identity Profiling Act (RIPA) findings and recommendations from making the City Council agenda, saying that while the RIPA data was "troubling," the lack of transparency and opportunity to address council with a report and recommendations was "more troubling."
"If we just present the facts, have it agendized, give City Council an opportunity to look at the data, speak to the police department, then we can move on and everyone can work collectively to create change," Scott said.
POA representative Lieutenant Cody Green strongly denied the accusation, saying the union had just raised a question of the legality of discussions that had not been properly agendized under the Brown Act.
RIPA stop data must be collected during police contacts for any detention by a peace officer of a person, or any peace officer interaction with a person in which the officer conducts a search. The data is triggered by both officer-initiated activity (like traffic stops or pedestrian stops) and any point during police contact when there is a detention or the officer conducts a search, including calls for service, consensual contacts and non-enforcement related community events.
According to the PSROC report, the 2022 data, "demonstrates that minorities are not stopped congruent to their resident population percentage within Santa Monica." Out of the SMPD’s total stops throughout 2022, white individuals accounted for 49.1% of stops while representing 58.2% of the Santa Monica population. The percentage of total SMPD stops was calculated as disproportionate of Santa Monica’s population for Hispanic/Latino (23.3% of total stops, 20.7% of population) and particularly for Black/African American (15.4% of total stops with 4.3% of the population), with this disproportionality being cause for concern from Scott’s perspective. SMPD argues that demographic data could be skewed due to Santa Monica’s status as a tourist destination.
Though the collection and reporting of stop data is a state requirement, SMPD is not required to act on the data, with the department’s report on the 2022 data stating that SMPD "endeavors to utilize the data as an important opportunity [to] learn more about who the SMPD stops, searches, cites and arrests in the City."
"This RIPA report is not flattering, but as I always say, it’s an opportunity to improve," Scott said. "It’s an opportunity to look at the different data points and bring understanding and create change around these different issues that primarily affect our Black and Brown community."
From the data, the commission specifically pointed to a recommendation for SMPD to adopt the Los Angeles Police Department’s policy on pretextual stops, which are incidents in which police can stop someone for mundane reasons, but then use the stop to investigate more serious crimes. The commission argues that pretextual stops "can be racially biased and place people of color at an unacceptable risk of danger."
Currently, SMPD allows pretextual stops, but the department does have extensive training on implicit bias and biased-based policing. The department argues that due to this training and a commitment to a diverse police force, pretextual stops are not racially biased in the city. The POA added that pretextual stops are a "critical component of police work" and "an important tool in keeping Santa Monica safe."
Commission Chair Derek Devermont concurred with Scott’s initial statement, saying he has "heard similar things" regarding efforts to prevent the PSROC recommendations from reaching council.
"I think that this commission has a duty to report to council," Devermont said. "We’ve reported to council on nearly every report we’ve passed … our job is to provide oversight and report to council and if that is being circumvented, that’s a problem."
Lt. Green pushed back against the accusations saying commissioners have been nothing but "nice" and "professional" towards him, he was "wholly shocked" by allegations of potential political maneuverings he said was "based completely on rumors."
"I’m taken aback that you would come to a public forum and make such allegations without foundation, and I will tell you right now … that there is absolutely no truth at all to any of the statements made about conversations with council members by myself, especially related to those of insinuation of threats at all," Green said. "I’ll tell you that’s absolutely false."
Green said while he supports the commission’s ability to make recommendations they deem appropriate, they "need to do so in the confines of the law," and that prior efforts by the commission to place the RIPA findings on the council’s agenda were insufficient under constructs of the Ralph M. Brown Act, the law that governs public meetings. He also said that a negotiated settlement with the City allows the POA to meet and confer with council on potential items that may impact police working conditions, which he felt the commission’s report and recommendations would fall under.
"If we’re going to put these items on the agenda, let’s have people in the community that are concerned about this have the opportunity to come out, voice their concerns, let [the commission] know their feelings on this particular issue, and then we’ll move forward," Green added. "That’s it. Believe me, there’s no attempt to block any item by this commission, so long as we go through the proper steps."
Devermont disagreed saying any council action as result of the report would be where the conferring would take place, not the reporting itself
Devermont said he’s "not sure" how the POA "would negotiate with the city about recommended changes prior to the recommended changes being received," adding that the POA’s intent to enter into negotiations with council prior to the report reaching council has "never been an approach taken" with prior commission briefings.
"We can’t present it to council, without you conferring about what might be eventually presented, but hasn’t been presented, I don’t think that holds," Devermont told Green. Devermont did note that he is not the leading authority on this issue, and that it would be helpful for a City Attorney to be present at a future meeting to discuss the matter.
Green said he appreciated the time and concern of the commission, but challenged them to find a council member that says that they had pressure put on them "inappropriately" to block the RIPA report.
Scott said it was not her intention to impact any officers’ salary, benefits or working conditions, because "we all need public safety," and that she did not want to imply that it was Green blocking the report.
The local discussion came as the State released additional RIPA data for all of California. The report on police stops throughout the state, analyzed over 4.5 million stops conducted by 560 law enforcement agencies throughout 2022. Mirroring the commission’s findings, the California board stated that the disparity between proportion of stops and residential population was greatest for Black individuals, and the board issued a recommendation to end all pretextual stops and searches in the state.
No formal action was taken this week. The commission will seek further guidance from the City Attorney and report back.
*This article has been updated to reflect the individual commissioners who made the accusations against the POA.
