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Home My WebLink About2010-0519 Doc Submitted Post Mtg S~fl'\:~<A-rNt,""t) $'}'1'10 PI1ILIP CLANG, ACSW. LCSW ORE. LCSW1141 - 00. LCSW-5500 .... .~L~"'~~.::::-' ......~ 758 B Streel . Ashland. Orellon 97520 Residence 541 . 482-8659 Office!fux 541 . 482-5387 e-mail: Philip@mind.nel May 19, 2010 To: Barbara Christensen Re.: Attached - follow-up to my presentation last night Dear Barbara: Thanks for your concern and condolences. Attached is a follow-up to be made part of the record along with my written presentation (which I recited as well) last night. ".".r: B~ PHILIP C. LANG, ACSW, LCSW, Ph.D. PIIILIP CLANG. ACSW. LCSW ORt. LCSWl141 . CM. LC6W-5500 . ?i~~~,~. 758 B Slreet . Ashland, Oregon 97520 Residence 541 . 482-8659 Office/fax 541 . 482-5387 e-mail.Philip@mind.nel May 19, 2010 To: Mayor & City. Council Re: Follow-up to my presentation last night re: APD Dialogue & Democracy Was it 10, 12, ~r even more years ago that Bill Street appeared before you and called your attention to the way. Mayor & Council functioned? Sitting up on the dais, neither encouraging nor engaging in .real dialogue about the issues does not provide a truly democratic experience. As someone with a Ph.D. in organization development, I could not help but observe that in fact, while some of the trappings have changed - ,the process.has not~ Actually Bill was incorrect. Those who have business' plans, construction projects, those who are reporting on community'services, those who have done approved community service on committees - all enjoy extended and positive interactions - vide last night. '. Those who are considered troublesome, threatening or annoying do not enjoy these interactions. Far too rarely this failure of entertaining dialogue with tho~e who have troubling or opposing views3s..fatal. For example: the failure to engage in dialogue by both the Charter' Revision Committee and the Mayor and_cCouncil resulted in a humiliating defeat for the revisions - and an enormous frustration and waste of time for all of us. Follow-up to My Presentatio~ 1) ~Blame the victim" implication of pointing out that I had not observed all possibilities for redress - viz. meeting with the police chief. Facts: The day after I discovered that it was the APD officers who had done the assault on my person and my home (specifically Devin Lee, with Phil Gray ready to assist) I called the City Administrator and made an appointment for the following day. News travels fast in Ashland - so that even though I made the disoweroy in the afternoon, by the next day the City Administrator had heard of my inquiries and had her secretary call and cancel the appointment " because there might be a lawsuit". The police chief stated last night that he could not/would not meet with me. 2) I had no desire or intention to make this into an adversarial lawsuit. I wanted conciliation ..-..one of the reasons was that as a taxpayer on 13 properties. and a home - why would I want to cost myself. money in a lawsuit ag~inst the City? Facts: Both the mayor and the City Administrator failed to reveal that I sent a communication to both of them, both requesting a discussion AND offering the following: If the APD would admit its error(s), a-polo-giiei -il-iio'coiifiriitthat appropriate civ:i:lity-:and -civH"rights Follow-up to Council presentation re: APD - 5/19/10 - p. 2 4) "The "yoU. Facts: training was undertaken, I would sign a document disclaiming any liability against'APD and the City, and would never initiate any claim or lawsuit. I have a copy of that document before me. The response was that we couldn't talk because, "there might be a lawsuit"; I pointed out that we were in a "catch 22" - if we couldn't talk because there might be a lawsuit, then the possibility of a lawsuit would become more of a reality, because we couldn't talk, because there might be a lawsuit.....and on and on circularly. So much for my efforts at conciliation and forestalling any further action. " ]ironically; ,:last. u:lght: ,,(a) ,:Eric,cNavikas apologized','., (b). the ,.police chief indicated that civil rights and civility training had been, undertaken (and would be ongoing). 3) Mr. Mayor: You asked whether I could come up with some questions you might ask of the police chief. I said I could - but this was precluded when you all opted to accept the report as presented. Facts: Perhaps you didn't hear the police chief say that when APD assists , other jurisdictions (in this case Medford PD) - no report is written. Now only is this regrettable - it potentiallyccreates.serious liabilities when no report, no "story" is available to you from your officers. I checked with Mike Bianca who said that under his administration,he insisted on reports whenever APD was involved in interventions/police actions, regardless of origination. Question/Suggestion: APD officers should make incident reports on any and all physical~ and or contentious, extended verbal interactions with citizens. The wording I used precludes having to report trivialities like telling someone to stop biking, on the sidewalk, move their car, etc. Whenever the interaction escalates to the point where an officer starts demanding I.D., and/or checks with PIN on what has become some kind of "suspect", there should be a short, simple description on the "incident report" form. The reason is that most of the harassment and obnoxious behavior by some of the APD officers occurs in these situations, and goes unreported as "use of force", etc. Chief conducts inquiries on complaints" (and again,by inference, didn't observe all 'due process' available.") In my 42 years as an activist and a social worker, I have had many and varied experiences with the police: as an organizer of farm workers in the valley ,in California, as a demonstrator in several major Vietnam War protests and - as a trainer of police under a LEAP (Law Enforcement' Assistance', program:-Nixon era) in dealing with domestic disputes, which cause 50% of the assaults and injuries to police. Fact is - cops lie.J In chief had to do was copy through my home, beating at the police car, etc. this instance, all the investigating the the Medford PD report, which omitted going me up, verbally and physically assaulting me End ,of investigation! . . Follow-up to Council presentation re: APD - 5/19/10 -_~~_~_ Final Observation/Recommendation My situation - abuse .and violation of law (search andseizur~4th Amendment) warrantless searches, etc. is not unique in Ashland -O~lthough it is probably more extreme. Actually it is unique in that it rarely, if ever happens to a "solid citizen" - white-;-middle class, property and business owner, long-term resident, etc. It happened to me because the biggest corporate employer in this valley-RVMC wanted to chasten, frighten, and defame me in advance of a lawsuit I might file. Inappropriate police~behavior happens to "marginal" people, transients - or even college students or teenagers ~ those not likely to "make a fuss" or whose parents do not want to "make a fuss". A Police Review Commission (with subpoena powers) can be a major instrument providing oversight,. information and correction of police misbehavior. It has been suggested in some quarters but.lacks2support. It will only gain support when my:.experience is repeated with a person of substance and political clout in Ashland - .a prominent business or professional person who is considered one of the economic/social elites who can command the ear of the Mayor,cCity Administrator and Council. CSW, Ph.D. cc: Barbara Christensen (for inclusion in record) Diana - for distribution to mayor and counilpersons. LaurenC. Regan - Justice Law Group ADDENDUM I am still willing to extend my offer cited on p.L(bottom) to top of p. 2. I offer it as an act of conciliation and a desire to avoid expense to me personally, and as a taxpayer, to the City. ~