By GARRY RAYNO, InDepthNH.org
CONCORD — A plan to create a committee to screen and investigate potential police misconduct had no detractors Tuesday at a public hearing before the Senate Judiciary Committee.
Senate Bill 456 grew out of recommendations of the New Hampshire Commission on Law Enforcement Accountability, Community, and Transparency and a legislative study committee appointed last year.
Supporters of the bill said it would bring consistency to handling police conduct complaints, clearly define misconduct and the process used to investigate the complaints and will reassure the public their grievances against law enforcement officers will be taken seriously.
“This a really a good step forward in dealing with complaints against police officers,” said the bill’s prime sponsor, Sen. Sharon Carson, R-Londonderry. “Someone with a complaint will be reassured that the complaint is going to be addressed.”
Several people testifying noted today most police disciplinary actions are handled at the local level and without a great deal of transparency.
“This addresses a much needed gap in the current system,” said Senior Assistant Attorney General Matthew Broadhead, who helped draft the bill, “when the outcome is never made public.”
He said the new police conduct committee is based on the model used by the Attorney Disciplinary Office, and makes some needed updates to the Police Standards and Training Council to give them more tools to work with in respect to officer misconduct.
“We have heard a lot of complaints from law enforcement (about the) lack of uniformity,” Broadhead said. “This is a really great start and a compromise forged over the last year.”
The bill has the backing of the New Hampshire Association Chiefs of Police, the New Hampshire Police Association, the Attorney General’s Office, the Department of Safety, the Police Standard and Training Council, the American Civil Liberties Union — NH, and Americans For Prosperity — NH.
The bill would add two new public members to the Police Standards and Training Council as well as a criminal justice professor or from a similar field and one of two police chiefs could be from a college or university community.
The bill creates a Law Enforcement Conduct Review Committee consisting of three members of law enforcement and two public members.
The five committee members and two new council members would all be appointed by the governor, and judiciary committee member. Sen. Jay Kahn, D-Keene, wondered if there may be another way to ensure there is the diversity on the council and committee everyone seeks.
“Would it be potentially beneficial offering those appointments to other leaders of the legislature or other organizations in the state or advisory groups to law enforcement and the courts,” Kahn asked. “I ask in the sense I assume one of the goals is the most diverse representation (possible) to the two bodies.”
John Scippa, director of Police Standards and Training Council, said the question had robust discussion in the committee that met last year.
“Should we include any groups representative of a marginalized population? Should we benefit a private organization with a seat that will cause another organization not to be represented,” Scippa characterized the discussion. “In the end, the council members have always been appointed by a sitting governor and the process works very well.”
He said the proposal provides the council with an up-to-date process for New Hampshire law enforcement on how to investigate possible misconduct and how it is presented for disposition.
The bill defines what misconduct is, but maintains local control, but with oversight and review, Scippa said, while adding a layer of due process, having open hearings and public participation.
And he said it will create “a repository of sustained findings of police misconduct.”
The bill also allows for an administrative suspension of a police officer’s certification for significant offenses much like the motor vehicle division suspends a driver’s license for a drunk driving arrest, Scippa said.
Gilles Bissonnette, legal director of the ACLU-NH, backed the bill saying on balance it is a real step forward.
“At the end of the day, the bill is a significant improvement over the current process,” he said, “where you have an internal disciplinary investigation without a tremendous amount of transparency and public accountability.”
He noted recently the Salem Police Department failed to take seriously its officer’s misconduct, and the bill addresses the public’s concern.
Carson said the legislature last year determined that following the LEACT commission’s recommendation would be very expensive and there may not be the money to establish an independent commission. The bill appropriates $350,000 for the new review committee.
She said the bill before the committee is the result of a series of compromises that has wide support.
The bill is nearly identical to one that has had initial approval in the House.
The committee will decide its recommendation on SB 456 after senators return from their one-week vacation next week.
Garry Rayno may be reached at garry.rayno@yahoo.com.