Dick Spotswood: City attorney faces challenges as investigation of San Rafael police unfolds
An incident in San Rafael’s Canal neighborhood raises the question if the Mission City police followed the law when they questioned three men suspected of drinking alcohol in public.
One of the men was arrested with blood streaming down his face. He was charged with resisting arrest. The scuffle was captured on one officer’s camera. His attorney alleged that excessive force was utilized. Based on the video, the district attorney dismissed the charges against the man.
There’s been an outcry demanding the officers be fired.
San Rafael, pursuant to the California Public Safety Officers Procedural Bill of Rights, began an internal investigation. That law not only protects the officers’ due process rights, it will provide the City Council with critical information.
San Rafael’s directly elected City Attorney Rob Epstein, not the mayor or city council, is responsible for overseeing that investigation. He selected Sonoma County-based Independent Investigative Consultants LLC to conduct the review. The firm is headed by Paul Henry, a retired Santa Rosa police lieutenant.
Some perceive that Henry, given his law enforcement background, will be biased in favor of the officers.
There may be a misunderstanding of Epstein’s role. He is the attorney for the city. He is not a judge who’ll have the final say in determining whether the arrestees’ rights were violated, or the officers’ use of force was justified.
Epstein faces two dilemmas since he’s duty-bound to protect the interest of the city.
First, if the investigator sustains the contention that the officers used inappropriate force and that results in their firing or discipline, that’ll be challenged by the officers. Epstein must then defend the investigation’s legitimacy and accuracy.
Second, those arrested have already retained experienced law firms to pursue civil claims against the city. It’s Epstein’s duty to defend San Rafael.
The investigator he selects must be compatible with these two duties.
No matter what investigator Henry concludes, it’ll be challenged either by the officers or by supporters of those arrested. That will happen even if the city retains a different investigator.
Marin’s district attorney is investigating the incident, as is the FBI. The conclusions of these investigations should lead to the truth and ideally be widely accepted. If that doesn’t occur, then it’s up to a court to decide.
Election watch
• There’s a race for the open seat on the Marin Municipal Water District Board in Southern Marin’s Division 4. It’s for the post held by MMWD board veteran Cynthia Koehler who is not running for reelection.
The candidates are Mill Valley’s Jed Smith and Tennessee Valley’s Shana Katzman.
Smith previously outlined in this column his determination to pursue prompt action to obtain additional water supplies. That’s job one in an era of climate change and persistent drought.
While Smith is a first-class candidate, the best interest of MMWD consumers is served by a competitive election. That puts all the issues on the table, explores the merits of competing proposals and provides alternatives. That’s why Katzman filed when it appeared Smith was running unopposed.
A Brandeis University graduate with a UCLA master’s degree in hydrology, she’s a “fish biologist” who teaches ecology and sociology at University of California at Berkeley.
Katzman supports expanding MMWD’s efforts to recycle water and store it at Kent Lake. To increase storage capacity, she’d triple MMWD’s West Marin Soulajule Reservoir’s capacity and pay Sonoma Water (in wet years) to store Marin water in its underground aquifer.
• At noon on Thursday, I’ll moderate a free online candidates’ forum and Q&A session for candidates in the Marin/Sonoma 12th Assembly District: Supervisor Damon Connolly and California Coastal Commissioner Sara Aminzadeh. The webinar is hosted by the Marin Coalition of Sensible Taxpayers. Register at: costmarin.org.