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 <A HREF="http://www.leaa.org/columbus.html">LEAA Special Report: Feds Taking
Over Local Law Enforcement</A>
http://www.leaa.org/columbus.html

Feds Threaten To Take Over Ohio Police Department:
Could Your Town Be Next?

(The following is part of a special investigation by LEAA into the
ever-expanding role the Clinton/Gore Justice Department is taking in
controlling local law enforcement. Stay tuned for continued coverage of this
issue on a weekly basis. More information will also be published in the next
edition of LEAA's magazine, SHIELD. Additionally, LEAA is sharing information
with Calibre Press' Street Survival Newsline who are helping bring this
important news to law enforcement officers across the country)


A legal battle is now being waged in U.S. District Court in Columbus, Ohio,
pitting the legal weight and limitless financial resources of the U.S.
Justice Department against that town's right to control its own police
department. At stake is no less than the fate of local agencies everywhere to
control their own destinies versus an emerging pattern by the Clinton Justice
Department aimed at federalizing municipal police departments.

Unfortunately, Columbus isn't the first victim. Already federal takeovers of
departmental policy have occurred in Steubenville, Ohio, and in Pittsburgh,
Penn. The police administrators in these two cities were, more or less,
forced to sign consent decrees admitting their departments had participated
in a pattern of civil rights violations and therefore needed the federal
government to come in and run all future operations. What sets Columbus
apart, what makes them different from these other two cities which
acquiesced, is that this municipality has a contract with the local police
union and can't make a deal with the devil without approval of FOP members -
and thankfully they're fighting. The city's 30-year history of collective
bargaining with rank-and-file legally forbids the city from exposing its
officers to many of the changes demanded by the DOJ.

Therefore, since Columbus and the police union have decided not to sign the
consent decree, the Department of Justice has filed a lawsuit against the
city to recoup all federal grant money awarded over the years. Some would
call this extortion. Bill Capretta, president of the Capitol City Lodge No. 9
of the Fraternal Order of Police in Columbus, says the lawsuit is the "latest
step in a Justice Department campaign to impose federal (law enforcement)
standards on police departments nationwide."

Alleging a "pattern of civil rights abuses" by the Columbus police
department, DOJ attorneys filed their suit on October 21 forcing Columbus to
let the federal government implement their policy changes in the city's
police department, which would include training and staffing reforms as well
as new disciplinary and reporting procedures. The suit was apparently the
culmination of a two-year investigation.

What's worse is that the city of Columbus and DOJ were negotiating for more
than a year about the proposed consent decree, more or less behind closed
doors, and the FOP was barred from attending or commenting on those
proceedings. Just this past summer, the police union and its officer-members
were notified that the federal takeover of the department was underway.

Further proof of the Justice Department's arrogant and dismissive attitude
toward officers' participation in determining their own fate, is in the
request made by DOJ to the presiding court to postpone deliberation on the
suit until December 20, 1999. Police observers believe that date was selected
as a blatant move to deny officers a role in the court proceedings since it
comes one week after the expiration of the FOP contract with the city of
Columbus, and therefore the union maybe precluded from having a say in the
matter.

Nonetheless, officers in Columbus are demanding to be heard. Shortly after
the DOJ filed suit against the city (when the city failed to concede), the
FOP filed a 19-page motion asking U.S. Judge John D. Holschuh to include the
organization as a defendant in the DOJ lawsuit. FOP President Capretta
claimed in the motion that the union is best able to defend itself and
rank-and-file officers against the federal claims and protect their
reputations, because the city has its own separate interests to look out for.

To Be Continued...

Get full coverage of this story and other important issues by joining LEAA
Today! (click here)

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