The Center Executive Director Porter Gilberg addresses anti-police brutality protesters gathered at Harvey Milk Promenade Park. Photo by Daniel Caponetto.

Porter Gilberg: “I am a commissioner on the Citizen Police Complaint commission and the commission is a farce.”

by Porter Gilberg  |  Published June 9, 2020 in Perspectives

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The views expressed in this article do not necessarily reflect the views of FORTHE Media.

FROM THE EDITORS: On Friday, a demonstration and march were convened by Black Lives Matter-Long Beach to oppose police brutality and demand a host of reforms from the city.

Numbers swelled into the thousands as protesters moved from the initial meeting place of Harvey Milk Promenade Park before marching in and around downtown for hours. Stops included Mayor Robert Garcia’s residence near Locust Avenue and Eighth Street, the intersection of Ocean Boulevard and Alamitos Avenue, and Governor George Deukmejian Courthouse. Speakers included organizers with BLM-LB and other racial justice groups as well as family members of Fred Taft.

Porter Gilberg, executive director of The LGBTQ Center Long Beach, spoke at Harvey Milk about his experience being on the Citizen Police Complaint Commission. The commission was first created in 1990 through a ballot measure but “final disciplinary authority” over officers rests with the City Manager’s Office. We’ve reproduced the speech here, with light editing, in its entirety. 

I am a commissioner on the Citizen Police Complaint commission and the commission is a farce. 

I have been on this commission for a year. I have been taking very detailed notes for a day like today so I can tell you what a farce and what a joke it is. There is no accountability for the police in Long Beach. This is not an oversight body (like) the mayor said at yesterday’s demonstration. This is not an oversight body. I am not on an oversight body. I am on a body that looks at police complaints and makes recommendations but has no decision-making power. 

I look at cases of police violence and police brutality and I do not get to say one word about it. We are required to keep all investigations confidential by both the commission’s written policies and by the legal interpretation provided by the city attorney. This includes our deliberation, how each of us votes, and whether or not we want to uphold an allegation of misconduct. 

Commissioners are regularly discouraged by Citizen Police Complaint Commission staff and the city attorney from directly addressing community members who speak at meetings including people who share stories of extraordinary violence they experienced at the hands of Long Beach Police.

Commissioners are never made aware of the outcomes of individual investigations. There are no written investigative policies or procedures for investigators meaning there are no formal rules for how commission staff conducts investigations. 

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Commissioners do not have access to all the evidence in an investigation. Evidence is, in fact, withheld from us that would allow us to make a more informed decision that (would) still mean nothing because our body has no power to make decisions. We make recommendations.

Because we do not have access to all the evidence, we don’t even know what we’re not seeing. This evidence we do not have access to is often cited by the city manager as reasons for overturning our recommendations to uphold allegations of misconduct.

This is based on what the city attorney says and is not fact, although the city takes this as fact. The city attorney’s interpretation of law has made the commission’s subpoena power useless. There are no written policies for when or why information is redacted from evidence reviewed by commissioners. 

It is required that all commissioners submit a background check. When I asked the mayor’s office what they are looking for in this background check and what would prevent me from serving they did not have an answer. My best guess is there are no written policies or procedures for this. 

All commissioners are required to complete a ride-along with the Long Beach Police Department. The Long Beach Police Department does not allow people who have been arrested to participate in ride-alongs. I was forced to sign a confidentiality agreement in order to go on a ride-along. My ride-along exposed me to trauma. I was repeatedly mis-gendered by multiple police officers and I am still unclear why I’m required to participate in a process that probably further traumatizes people interacting with the police. 

Overall, these background check and ride-along requirements prevent justice-impacted people from participating in the very processes where their voices are the most important.

On a monthly basis, in open session, commissioners vote to close cases they have not even reviewed. Again, I will tell you, on a monthly basis, in open session, you can watch commissioners vote to close cases they have not even reviewed.

Police Department staff participate in all meetings and are present for all deliberations. Very often, Citizen Police Complaint Commission staff are unable to answer basic questions about police procedures and refer to the police department for answers. And, although required by the bylaws, the commission has not submitted an annual report to the City Council or Mayor since 2015. 

The commission is a farce. I am a commissioner. Thank you. Black Lives Matter.

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Contact The Author

More by Porter Gilberg
  porterg@centerlb.org
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[1] Militarily demobilized. Since WWII—which was both the death knell of European colonial empires as well as the starting shot of the American neocolonial era—Europe has had notoriously scant standing armies, and has been able to consistently slash government military spending domestically and as a percentage of their contributions to international diplomatic bodies such as the UN. This is because nowadays European nations very rarely find themselves in situations where they need to independently send their militaries abroad in order to secure trade routes, foreign resources, or privileges within markets overseas; the U.S. has been fulfilling that hard-power obligation for them for over half a century. The social results of Western Europe’s decreased militarization are striking, especially when contrasted with the U.S.: there is not a single country in Western Europe without universal healthcare, labor rights and welfare systems are strong, value is placed on corporate and financial regulation, environmental policy is lightyears ahead, and, not least of all, there is a robust governmental approach to curbing digital surveillance and reining in tech monopolies. Japan enjoys a similar arrangement with the U.S. in which it, too, is militarily demobilized yet is given full access to, and prominence in, the global economy. In the last decade there has been a reversing trend of remilitarization in some of these nations. That trend was hastened during the last four years as a result of Trump’s ultranationalist politics, but is likely to continue even after his departure in large part due to the growing bipolar geopolitical climate of competition between superpowers.

The “owner” bit of home-“owner” appears in scare quotes throughout the text for reasons that will shortly become apparent.

Nothing signals trouble quite like consensus.

More on them later.

And, anyways, what exactly remains “obvious” in an era “post-truth”?

I take as my starting position that even the “obvious” must be won.

It’s like Lenin said, you know…

Whether directly, or through a chain of investments, or through the wider speculative market in real estate.

I use “banks” in this piece as a stand-in for several sources of income that derive partly through the mortgaging of property and/or investment in institutions that have the power to mortgage property.

That is just its “ideology.”

The Ricardian “law of rent” explains that any location with an advantage over another location, can accrue an economic value, called “rent,” to the owner.

This happens without the owner needing to pitch in to create the advantage.

If the owner does pitch in, then the value accrued from that advantage cannot be called “rent.”

“Rent,” in economic terms, is only, precisely, the value accrued from that portion of the advantage for which the owner is not responsible. That is what we mean when we say, “Rent is theft.”

This does not mean places with lower property taxes ipso facto have higher property prices—and that is because the property tax is only one of the contributing factors. You could have zero taxes on land in Antarctica, for instance, and it would still sell for $0. This is why the introduction to the analogy controls for such variables.

This is the logical conclusion of believing two premises:

(1) All humans have an equal right to the Earth.
(2) Vaginal birth is a lottery system

Prop 13 is rent control for home-“owners.” You can learn more about its history and impact here.

“Hamlet” by William Shakespeare. Act 4, Scene 5

This is why the lobbyists who spend the most money to support the mortgage interest deduction are bankers, mortgagers, and realtors.

Term

Definition