Mayor G.T. Bynum continues to lean toward having an Office of the Independent Monitor — not an outside entity — conduct reviews of police use-of-force incidents as part of his proposed police oversight program, he said Wednesday.
Bynum told city councilors that although he can see the merit in having the Oklahoma State Bureau of Investigation do the reviews, as some city councilors have suggested, he thinks an in-house approach is better.
The mayor said the OSBI has told him it could conduct the reviews if the city would fund a staff position at an estimated cost of $100,000.
But Bynum noted that OSBI investigations could be done only if the police chief requests them.
“If that review work is contingent on the chief of police asking OSBI to do that work, then they are not independent of the Police Department, which is one of the main points of this exercise,” Bynum said.
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His remarks came a day after City Councilor Connie Dodson said she would like to see the city consider an alternative oversight program that would have the OSBI examine use-of-force incidents. Dodson also has proposed creating a citizen advisory committee.
Bynum said it is important for the public to understand that he is proposing that an Office of the Independent Monitor audit use-of-force investigations conducted by the department’s Internal Affairs Division, not conduct their own.
The audit would look at whether proper policies and procedures were followed, including whether all relevant witnesses were interviewed.
The report would then be sent to the police chief.
If the report is not submitted within 10 days, the Internal Affairs investigation would be considered to have been conducted properly.
If the report identifies a problem, Bynum said, “the chief can then direct (Internal Affairs) to go back and look at those things.
“That is ultimately the chief’s decision to make.”
The Office of the Independent Monitor would not have the authority to recommend or impose discipline, the mayor said.
Bynum also addressed councilors’ concerns about the cost of the OIM, saying the $500,000 annual budget he is proposing amounts to 4/10ths of 1 percent of the more than $120 million that the city annually spends on public safety.
Councilor Lori Decter Wright said that while the council must be a good steward of public dollars, the city already spends a considerable amount of money on legal fees and settlement costs in defense of police officers.
“This body, two weeks ago, approved a payout of $350,000 with zero discussion on an officer-involved shooting,” Wright said. “Unfortunately, another unarmed black Tulsan shot in the back.
“So I do question the disconnect there.”
The settlement Wright was referencing relates to the fatal shooting on March 25, 2014, of Deandre Lloyd Armstrong-Starks by Tulsa Police Sgt. Mark Wollmershauser while serving a search warrant.
The settlement is not an admission that the city or its employees were negligent or violated Armstrong-Starks’ rights “but is only recognition of the uncertainty of trial,” according to court documents.
Wollmershauser filed briefs that stated that Armstrong-Starks refused to comply with commands and continued to take actions that appeared to officers that he was trying to take a firearm out of his pocket. That made officers believe that he posed a risk of death or serious harm to them, according to the briefs.
Bynum repeated Wednesday that the proposed Office of the Independent Monitor is about more than reviewing use-of-force incidents.
The program would also provide recommendations on best practices and assist in community outreach.
Bynum said he will continue to work with the City Council to formulate the details of the OIM and that he expects to have a proposed ordinance for councilors to consider by August.
The mayor’s fiscal year 2020 budget, approved by councilors Wednesday evening, calls for $250,000 for the program, which would be expected to begin operating in January.
Jerad Lindsey, chairman of the Tulsa Fraternal Order of Police, said after the meeting that he was disappointed that the mayor would ask the council to fund the OIM without codifying the details in an ordinance.
“This is the birth of a bureaucracy; you’re watching it firsthand,” Lindsay said.
Bynum noted during Wednesday’s meeting that it is not unusual for the city to fund programs, such as the Sobering Center, in anticipation of their starting operations at a later date.
