Policing the police

http://www.sfbg.com/2011/12/13/policing-police

Bay Area cities have been at the forefront of local challenges to the police state, making stands on issues including racial profiling, deportations of undocumented immigrants, the use of force against peaceful protests, and police intelligence-gathering and surveillance of law-abiding citizens. But the city of Berkeley is creating comprehensive policies to address all of these issues in a proposed Peace and Justice Ordinance that is now being developed.

The effort comes against the backdrop of clashes between police and Occupy movement protesters, including the violent Oct. 25 police raid on OccupyOakland, with Berkeley Police and other jurisdictions on the scene.

Among other things, Berkeley is redefining when it will join other communities in what's called "mutual aid" agreements — deals that require nearby agencies to help each other out when one public-safety department is overwhelmed.

That effort got a major push forward last month when Councilmembers Jesse Arreguin and Kriss Worthington led an effort to suspend mutual aid agreements the Berkeley Police Department has with the University of California police and two other police agencies — as well as two city policy documents — over concerns about the use of force against peaceful protesters and domestic surveillance activities.

The council approved the proposal unanimously. Ironically, on the day after the vote, the university launched a violent and controversial crackdown on the OccupyCal encampment — without the help of Berkeley Police.

The agreements that the council suspended were with the UC police, the Northern California Regional Intelligence Center (an arm of the Joint Terrorism Task Force, a domestic surveillance pact that has ramped up activities since 9/11), the Urban Area Security Initiative (a creation of the Department of Homeland Security), the city's Criminal Intelligence Policy, and its Jail Policy (which directs local officers to honor federal immigration holds).

In a similar vein, the coalition is developing policies to support Berkeley's status as a sanctuary city for immigrants of all kinds and looking for ways to resist the federal Secure Communities program, a national database of fingerprints and arrest information that allows Immigration and Customs Enforcement agents to place detention holds on those suspected of being undocumented immigrants.

Other Bay Area cities have also begun to examine issues related to a police state that has expanded since the 9/11 attacks, including Richmond and Piedmont. In San Francisco, the latest process of challenging the role of local police officers in domestic surveillance — issues the city has periodically wrestled with for decades — began earlier this year ("Spies in blue," April 26). It led to an ordinance that would limit that activity, which activists say Sup. Jane Kim will introduce next month.

"If our local police are going to work with the FBI at all, they have to observe our local laws," says John Crew, the police practices expert with the ACLU-Northern California who has been helping develop San Francisco's ordinance. "Far to often, the FBI has shown interest in protest activities that have nothing to do with illegal activities."

For example, documents unearthed by a lawsuit filed by the ACLU and the Bay Guardian and through other avenues show FBI coordination with local police agencies related to the Occupy protests, those aimed at BART, and in the aftermath of the trail of Johannes Merserle, the former BART officer who shot Oscar Grant. The UC Board of Regents also canceled a meeting last month where a large protest was organized, citing unspecified intelligence about threats to public safety.