On July 12, members of the Public Safety Advisory Committee (PSAC) met with the Greenbelt City Council to present their May 5 report on Mayor Colin Byrd’s Fair and Just Policing Act. PSAC analyzed the proposed legislation, in comparison to the existing General Orders of the Greenbelt Police Department (GPD) and the recent April 2021 state legislation on policing, along with GPD operations records and reports to the Commission on Accreditation for Law Enforcement Agencies (CALEA) and standards of the International Association of Chiefs of Police (IACP).
PSAC recommended that such an ordinance would not be necessary, as the General Orders and state legislation already address most of what Byrd is pressing for. PSAC did find, however, that there were areas in police policies and the organization itself that were troubling and required scrutiny as well as modification of the General Orders. Greenbelt Police Chief Richard Bowers added that an ordinance would be more difficult to alter than General Orders, which are easily changed or amended (as they are on a regular basis) to fit the current situation, a point concurred with by PSAC.
Byrd countered that the lack of an ordinance sent the message that police “are above the law,” and that it was possible for the city “to go beyond” county and state regulations, as long as they remained “consistent.”
In general, council was very appreciative of the effort and thoroughness of the report, and amenable to most of its recommendations, as was Byrd, who praised them for their willingness to face tough questions on their findings.
Report Summary
PSAC members Stan Zirkin and Peggy Higgins gave a PowerPoint presentation that summarized the main issues raised in the report. The subjects included de-escalation, duty to intervene, transparency, hiring, racial profiling, stop and frisk, use of force, civil liberties, militarization, immigration and civilian oversight. The recommendations came in three categories: proposals that seek to deter police misconduct, proposals that encourage fair and bias-free policing and proposals for data collection to discern if changes are occurring.
Some of the main recommendations were: no police interference with videos taken by the public and mandatory review of body camera footage in instances of use of force and stop and frisk; emphasis on de-escalation in General Orders concerning use of force and lethal weapons; whistleblower protection for officers who report on police misconduct; documentation of all police complaints; officers must identify themselves before forcibly entering premises; and submittal of all modified General Orders to the city manager and PSAC within two weeks of implementation.
Video, Audio Footage
There was a debate on the issue of release of video footage. PSAC felt that the current 30-day deadline was too long and that the three-day proposal by Byrd was too short, as informed by Bowers. Captain Timothy White explained that the state mandates redaction of personal information, like faces and vehicle license plates (in the form of blurring the image), and audio containing personal and police procedural information that is unrelated to the incident being studied. White emphasized that redaction did not mean the editing or removal of footage. As well, if the video is part of an investigation, the police department may need to take direction from the state attorney’s office, causing delays. With only a single IT employee in the department staff, and the lengthy redaction process, White said that seven days would be a reasonable compromise.
Diversity, Racial Issues
Diversity in the department was of concern to PSAC, and CALEA as well. As of 2009, the Greenbelt population was 26 percent White/non-Hispanic, 48 percent Black/non-Hispanic, 14 percent Hispanic and 12 percent other. Yet, as of 2019, 65 percent of sworn officers and 80 percent of supervisory officers were white. PSAC recommended the hiring of a law enforcement specialist in recruiting to address this diversity disparity. Byrd remarked that “this was the elephant in the room,” thanking PSAC for addressing it.
A related issue was that between 2016 and 2019, of the 47 uses of force, 42 concerned Blacks and Hispanics. PSAC, while finding the statistic disturbing, granted that bias was difficult to conclusively determine.
As well, in a comparison of traffic warnings vs. citations from 2015 to 2019, PSAC revealed that, concerning the overall percentages of citations: Black males received 44 percent and Black females 19 percent; Hispanic males received 17 percent and females 4 percent; white males received 10 percent and females 3 percent; and other-race males 2 percent and females 1 percent. Bowers said that traffic data can be “nuanced” and that it was difficult to make conclusions from “a large data set.”
Clearer Definitions
Stop and frisk was a major topic. Bowers explained that the term originated from the New York City policy and that the legal term was a Terry stop. He said that law dictates that the policy allows a pat down of a civilian for weapons if “reasonable suspicion” that “a crime is afoot,” or if verbal consent is obtained. PSAC and most of council recognized the need for such a policy, but felt that a clearer definition of “reasonable suspicion” be included in the General Orders to ensure a just application.
Bowers said that a tracking system for police officers exists that records their employment history, assuring that any officers who had been flagged for misconduct would not be hired by the department.
Transparent Process
PSAC Chair Laura Kressler said that the report process was transparent throughout and that PSAC is a diverse group, with four whites and three blacks. The report was voted upon in phases and was unanimous, with each part available on screenshots. Each member, said Kressler, was given equal opportunity to share ideas, a point concurred by member Eunice Pierre, herself a black woman.
Next Steps
Bowers said he awaits state guidance based on the April 2021 legislation, which will completely take effect in five years, before making major changes to the General Orders. Yet, Greenbelt already adheres to some of the regulations, such as the use of body cameras.
Councilmember Judith Davis asked Bowers to make a list of all PSAC recommendations that can be enacted now, especially those concerning definitions, and those that would require council action, with Bowers acknowledging that was possible. Councilmember Emmett Jordan asked that viable alternatives be made for those that were not feasible. Byrd and Davis hoped for a response before the end of the summer in order for council to make final decisions on the mayor’s proposed legislation given the import of the issue.
To access the report, go to www.greenbeltmd.gov/government/city-council/minutes-and-agendas. Find the City Council worksession of July 14. The report is in the same line, as is the video of the meeting.