By Austin Rust-
In a joint press release from mid-June, Ohio Governor Mike DeWine and Attorney General Dave Yost announced actions and proposed legislative reforms intended to make meaningful improvements to law enforcement training, transparency, and accountability in the state. This reform comes as a result of protests against police brutality which began in late May and continue (as of press time) in Columbus, Cincinnati, and across the nation, sparked by the deaths of George Floyd and many other black Americans – including Breonna Taylor and Elijah McClain – at the hands of police.
As the release explains, Governor DeWine and Attorney General Yost first outlined their plan to create a law enforcement oversight and accountability board. This board will consist of members of the law enforcement community and the public. Governor DeWine and Attorney General Yost called on the Ohio General Assembly to “move swiftly” to permit this under Ohio law.
In a provided statement, Governor DeWine explained that under current Ohio law, there is not a mechanism to revoke a peace officer’s certificate for conduct that is egregious (or unacceptable) but not criminal. He noted that this creates an issue where officers fired from one agency due to inappropriate conduct may continue with the same behavior when hired at another agency. “It is time to treat a peace officer certificate more like a professional license,” Governor DeWine said.
The press release explains that doctors, dentists, lawyers, barbers, cosmetologists, and those in many other occupations must report to oversight boards with the authority to suspend or revoke licensure. Those who do not follow professional standards cannot continue working in the field.
“Authority is always given for the benefit of others. These reforms will help focus our society’s grant of authority on that service to others,” said Attorney General Yost. As currently envisioned, the proposed law enforcement oversight and accountability board will be housed within the Ohio Attorney General’s Office as part of the Ohio Peace Officer Training Commission. Working with law enforcement experts, board members would establish standards and a code of conduct for the state’s law enforcement officers. It would then be the board’s responsibility to ensure that Ohio’s law enforcement officers adhere to the code of conduct. Violations could result in the suspension or revocation of a peace officer’s certificate, the release explains, as can occur in other licensure.
In the same press release, Governor DeWine and Attorney General Yost both called on the Ohio General Assembly to mandate that all officer-involved shootings and in-custody deaths must be investigated by qualified, neutral agencies – and not investigated internally, as is commonplace.
“The concept of internally investigating these incidents is outdated and does not inspire public trust,” said Governor DeWine. “Even if an agency’s internal affairs unit conducts these investigations strictly by the book, there can still be the perception that investigators are covering for their co-workers. Simply put, law enforcement agencies should not be investigating themselves.”
The release adds that Governor DeWine and Attorney General Yost will now require independent investigations on cases of this nature involving the Ohio State Highway Patrol (OSHP) and Ohio Bureau of Criminal Investigation (BCI), effective immediately. They have also recommended the Ohio General Assembly to mandate that outside prosecutors be assigned to cases of this nature.
Continuing, Attorney General Yost announced that the Ohio BCI Special Investigations Unit will dedicate highly-trained special agents to form a team that will conduct independent investigation after an officer-involved shooting. This specialized team will make use of existing BCI expertise, including BCI’s Crime Scene Unit, Laboratory Division, and Criminal Intelligence Unit.
Next, Governor DeWine announced that a public database to house information on use-of-force incidents in Ohio is being developed by the Ohio Department of Public Safety’s OCJS (Office of Criminal Justice Services). The release adds that Governor DeWine has asked the Ohio General Assembly to enact a law requiring all use-of-force incidents to be reported to the OCJS.
“Statewide public data related to use-of-force will not only provide transparency for Ohio citizens, but it will also improve our understanding of why these incidents happen so that we can proactively work to prevent them in the future,” said Governor DeWine.
It is noted (in the release) that this use-of-force data will be used to identify scenarios which lead to use-of-force so that training to de-escalate these situations can be offered. The data can also be used by OCJS to direct federal grants into targeted areas to improve community-police relations.
On June 19, Governor DeWine asked the Ohio General Assembly “to ban the use of chokeholds by Ohio law enforcement officers unless the officer is justified in using deadly force in situations where an officer is fighting for his or her own life or protecting the life of another.”
Further, Governor DeWine has asked Ohio Department of Public Safety Director Tom Stickrath and Col. Richard Fambro of the Ohio State Highway Patrol to outfit troopers with body cameras where appropriate, the release explains. Governor DeWine asked the Ohio General Assembly to determine if the state can aid local agencies in purchasing camera equipment and storing video.
Both Governor DeWine and Attorney General Yost have asked the Ohio General Assembly to work with them to identify a permanent funding stream for law enforcement training to ensure all Ohio officers receive advanced training each year, the release continues. Under current Ohio law, the state cannot require advanced law enforcement training without offering reimbursement, with the only exception being annual firearm requalification training.
“Although some agencies have the means to pay for their own training each year, not all can afford it. Ohio must do more to ensure that all our officers have the knowledge and skills to properly protect the public,” said Governor DeWine. “If Ohio is serious about better preparing the officers who serve this state, we must find a permanent funding stream to train every officer, every year.”
As a short-term solution to this issue, OCJS has been directed to reimburse local agencies for up to six hours of law enforcement training on use-of-force, implicit bias, and de-escalation, the press release explains. This reimbursement is for officers who have not yet had this training in 2020.
Governor DeWine and Attorney General Yost have also encouraged the Ohio General Assembly to require that all basic training applicants must pass a psychological exam as a condition of their acceptance into a police academy. The release notes that this is to “…better ensure that only those with the appropriate character and temperament enter law enforcement basic training in Ohio.”
In conclusion, the press release notes that the new Ohio Office of Law Enforcement Recruitment (within OCJS) will help agencies who are working to hire more minorities, and also develop and share best practices on how to hire candidates who are best suited for law enforcement careers.
The release ends with an explanation that the proposed reforms were developed with feedback from the Ohio Legislative Black Caucus, Ohio Conference of NAACP, Ohio Chiefs of Police Association, Buckeye State Sheriff’s Association, the Fraternal Order of Police, and others. It notes that conversations regarding additional action to improve Ohio’s overall criminal justice system will continue, stating that more reforms are anticipated in the future.
At the federal level, a sweeping civil rights and police reform bill – The George Floyd Justice in Policing Act of 2020 – was introduced Wednesday, June 8 in the U.S. House of Representatives. The bill passed the Democratic-controlled House on a mostly party-line vote; only three House Republicans joined House Democrats in voting to pass the bill. The bill has not yet advanced in the Republican-controlled Senate, and President Donald Trump has stated his opposition to it. A much narrower police reform bill has been proposed by Republican Senators, but thus far, it has failed to secure enough support to be debated on the Senate floor, as Democratic Senators argue it would be “too weak” to combat police misconduct, excessive force, and racial bias in policing.
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July 06, 2020 at 01:20AM
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Ohio Governor and Attorney General announce plans for law enforcement reform - The People's Defender
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