Report Shows Agencies Severely Limit Public Comment Including Through Intimidation

FOR IMMEDIATE RELEASE
August 12, 2014

CONTACT: Tyler Richard, (402) 476-8091 x104, trichard@aclunebraska.org

LINCOLN - After receiving many individual reports of intimidation or difficulty making a complaint to a local law enforcement agency, the ACLU of Nebraska investigated the practices of the 31 largest law enforcement agencies in Nebraska. The findings were released Tuesday in a report entitled For the Good of the Public: How Nebraska Police Complaint Processes Fail the Public. The report found most agencies had complaint procedures that did not comply with expert guidelines.

"Whether witnessing an officer driving poorly or excessive force, the public should be able to easily make comments about local law enforcement without feeling intimidated," said ACLU of Nebraska Legal Director Amy Miller. "Unfortunately, all but one agency made it very difficult to file a complaint, and some agencies used intimidating language that could discourage someone from making a valid complaint. Without ways to report complaints, law enforcement agencies lack transparency and accountability."

The ACLU reviewed the websites of 31 law enforcement agencies and found that only eight provided information about their complaint process online. Even fewer provided a walkthrough of the complaint process. Many agencies failed to provide a phone number on their website for taking complaints.

A smaller number of agencies were surveyed by phone. According to the report, some agencies were unwilling to discuss complaint processes over the phone unless someone wanted to file a complaint. Other agencies required someone to come to the office in-person to file a complaint, one even requiring that the visit take place during business hours.

"While most agencies failed to meet national best practices for complaints, it is important to note that the Lincoln Police Department most closely adheres to expert guidelines. Additionally, the Bellevue Police Department was rated highly by our volunteers in the phone survey. More agencies should follow the examples of their peers in Lincoln and Bellevue. The changes we've proposed are easy and nearly free, such as an online complaint form that can be submitted at any time by anyone with a concern. We call for Nebraska police chiefs and sheriffs to update their complaint policies. A supervisor should want feedback on their employees, particularly when taxpayers are those being served."