Wednesday, August 27, 2014

Avoiding Another Veto of Civilian Review

It would appear that the City of St. Louis Board of Aldermen will soon entertain legislation that would establish a civilian review board for the City's police department.

In 2006, City of St. Louis Mayor Francis Slay vetoed aldermanic Board Bill 69, which would have established a civilian review board for the St. Louis Metropolitan Police Department (SLMPD). The legal reasons for Mayor Slay's veto of the civilian review board bill, well-supported by law as discussed in a City Counselor's Office legal memorandum, were threefold:
  1. A civilian review board for SLMPD in and of itself would contravene Missouri statutory law. At the time of Slay's veto, SLMPD was, by state statutory law, under the exclusive control of the State of Missouri. 
  2. The procedures of civilian review of SLMPD as set forth in Board Bill 69 would violate officers' US and MO Constitutional rights as set forth in the Garrity line of case law.
  3. The procedures of civilian review of SLMPD as set forth in Board Bill 69 would contravene certain legal duties of confidentiality borne by SLMPD, particularly those duties to maintain the confidentiality of materials of or related to SLMPD investigations.
Reason number 1 for Slay's 2006 veto, that a civilian review board for SLMPD in and of itself would contravene Missouri law, cannot be a reason for veto now. SLMPD is no longer under the exclusive control of the State of Missouri. Now, SLMPD is under the "local control" of the City of St. Louis. Currently, this "local control" is vested exclusively in the Mayor's Office.

Reason number 2 for Slay's2006 veto, that the procedures of civilian review as set forth in Board Bill 69 would violate officers' Constitutional rights, can still be a valid reason for a veto. On this point, the Mayor will likely again rely on a legal memorandum by the City Counselor's Office with regard to the decision of whether to veto civilian review board legislation.

Reason number 3 for Slay's 2006 veto, that the procedures of civilian review as set forth in Board Bill 69 would contravene SLMPD's certain duties of confidentiality, can still be a valid reason for a veto. On this point, the Mayor will likely again rely on a legal memorandum by the City Counselor's Office with regard to the decision of whether to veto civilian review board legislation.

In conclusion, I don't predict that Mayor Slay signs a civilian review bill without a City Counselor's Office legal memorandum attesting to the bill's legality. If the City Counselor's Office now is not part of the new legislation's crafting, then the City Counselor's Office soon ought be given its part.

Friday, August 8, 2014

Messages

Here's how the St. Louis American characterized the City License Collector's race in its endorsement of Mavis Thompson: "We believe Slay [who endorsed Boyd and whose operation directed financial and logistical support to Jeffrey Boyd's candidacy] ultimately is trying to send a message, in this largely insignificant race, that he is the sole king-maker in the city and can do as he pleases, regardless of what anyone – and especially the city’s black community – thinks about it."

The Boyd campaign for License Collector came up short by a little more than 400 votes. Boyd carried his home ward, the North Side's 22nd, but failed to carry any other North Side ward. In most other North Side wards, Thompson ran up large margins over Boyd. While 9 North Side wards delivered Thompson at least +200 margins, Boyd enjoyed only 5 such wards delivering to him +200 margins ... and all 5 such wards were South Side wards.

Thompson and Boyd ran basically evenly in the Central Corridor's 28th and 7th wards and in the South Side's majority-black 20th. In the Central Corridor's 17th, Thompson won by 83 votes. In the Central Corridor/Near South Side's 6th (much of which is Lewis Reed's home turf), Thompson crushed Boyd by 266 votes.

While after-primary campaign spending reports won't be available until next week, it looks to be that the Boyd campaign outspent the Thompson campaign by a more than 2-1 ratio. It would appear, however, that each Boyd campaign dollar spent yielded an increasingly-diminishing return.

Perhaps the American is largely correct that the License Collector's race is "largely insignificant." There is, however, significance to the numbers that the License Collector's race yielded. A likely-contested President of the Board of Aldermen race approaches. Consider this License Collector's race a rehearsal of sorts. Consider it a message.     

City of St. Louis License Collector (Dem) citywide result:


Mavis Thompson: 14,167
Jeffrey Boyd: 13,756

Mavis Thompson: +411

Mavis Thompson margin of vote vs. Jeffrey Boyd, by ward:

21: +422
01: +380
18: +373
27: +354
26: +317
04: +314
06: +266
19: +250
02: +243
05: +105
03: +100
17: +083
07: -002
20: -018
28: -027
09: -067
25: -073
08: -075
11: -109
14: -123
10: -127
15: -140
22: -172
24: -251
13: -275
12: -313
23: -457
16: -567